Make a Alabama Eviction Notice

What are the Components of an Alabama Eviction Notice?

There are several types of Alabama eviction notices. All of them have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

Alabama eviction notices are also known as a notice to quit. The amount of time that a tenant is given to correct an issue or vacate the property depends on the reason the eviction notice is issued. Each type of eviction notice may also have its own additional components.

Alabama 7-Day Notice to Quit for Non-Payment of Rent

A seven-day notice to quit for non-payment of rent is used to notify a tenant that they violated their lease by not paying their rent. It gives them seven days to correct the issue or become subject to an eviction lawsuit. The additional components to this notice include:

• The amount of back rent due
• How the back rent may be paid
• Where the payment may be made
• The date by which the payment may be made

It is important to note that Alabama actually has no grace period for late rent. Landlords do not have to wait any amount of time to issue an eviction notice although they must give the tenant seven days to pay the rent or leave the property.

Alabama 7-Day Notice to Quit for Curable Non-Compliance

A 7-day notice to quit for curable non-compliance is used for other lease violations aside from non-payment of rent. The tenant is provided a seven day time period to correct the violation. If the tenant fails to do so, they must vacate the premises. The additional required components include:

• An explanation of how the lease was violated
• The date by which the tenant must comply or vacate the property

Alabama 7-Day Notice to Quit for Incurable Non-Compliance

A 7-day notice to quit for incurable non-compliance informs the tenant that they have seven days to vacate the property and return it to the landlord. The tenant does not get the opportunity to correct the lease violation. In Alabama, this includes breaking the lease four times within a 12-month period or if they:

• Are in possession of or using illegal drugs on the rental unit or in the common area;
• Discharge a firearm on the premises, with the exception of self-defense, defense of a third-party, or as permissible under §13A-3-23 of the landlord-tenant act; or
• They criminally assault a tenant or guest at the rental property, with the exception of self-defense, defense of a third-party, or as permissible under §13A-3-23.

The additional required components include:

• An explanation of how the lease was violated.

If the tenant does not vacate the property, the landlord may begin the eviction action.

Alabama Lease Termination Letter – 30 Day Notice

A 30-day notice for a lease termination isn’t technically an eviction notice. Month-to-month tenancy arrangements are common in Alabama. An eviction notice can be used to give notice by the landlord or property management company to the tenant that the lease will not be renewed for the following month. When used to terminate a month-to-month lease, a 30-day notice must be given. You will need the following information:

• The date that the original lease agreement was signed and when the first rent payment was made
• The legal name of the tenant(s) according to the lease
• The address of the rental property as listed on the lease
• The effective date for the eviction notice (remember, you must give 30 days’ notice)
• The signature of the landlord and/or property management company issuing the notice
• The signature of the tenant to show that they received the notice
• A description of how the notice was served

Service of an Alabama Eviction Notice

Service of an Alabama eviction notice of this nature is generally done by providing the notice to the tenant either in person, by leaving it in a conspicuous place (such as the front door), or by having it served by a process server.

What are the Legal Considerations of an Alabama Eviction Notice?

All Alabama eviction notices must comply with landlord-tenant laws in the state. Let’s discuss some of the laws.

• There is no rent grace period. This means that landlords do not have to wait a certain amount of time after non-payment of rent to create an eviction notice.
• If you’re evicting the tenant for non-payment of rent, they are entitled to a 7-day notice to vacate the property or pay their rent.
• If you’re evicting the tenant for a lease violation, they have seven days to vacate the property or correct the violation.
• If you’re using an Alabama eviction notice to terminate a month-to-month lease, you must provide 30 days to vacate the premises.

An eviction notice is just the first step. You may also need to file an eviction lawsuit, known as an unlawful detainer, to recover what’s owed to you in rent, monetary compensation for damages to the property, or even force the tenant to leave. You can learn about the legal requirements for this process by reading the Alabama state law.

After you draft your eviction notice, you must have it properly served. This can be done in several ways. Certified mail may be used. You will be notified when the letter is signed for. You could opt to use a private process server or the sheriff. With this method, you would be provided with proof of service, but you will be required to pay a fee. This can be important if you file a lawsuit against the tenant. You could serve the tenant yourself. While that is certainly cost-effective, it can also be dangerous.

You should also realize that there is a legal way and an illegal way to evict a tenant. Illegal evictions are referred to as unlawful evictions or self-help evictions or methods. They include:

• Retaliatory eviction
• Most no-fault or termination without cause evictions
• Raising the rent to an excessive amount; Alabama requires landlords to provide notice if they plan to raise the rent
• Eviction for discriminatory reasons

This is not a complete list. To learn more about unlawful evictions, seek legal advice from a landlord-tenant lawyer in the county where your rental unit is located.

Eviction Information for Alabama Tenants

Most eviction notices for lease violations, including non-payment of rent, must give you a 7-day notice to correct the issue. However, there are certain lease violations that are considered incurable. Eviction notices in those circumstances do not have to give you a certain amount of time to leave the property. Additionally, if you’ve received a notice to quit for lease violations four times within a 12-month period, the landlord or property manager does not have to give you seven days to correct the issue.

The five most common reasons that Alabama tenants are evicted include unpaid rent, a violation of the lease, a month-to-month tenancy is being ended, your 12-month lease expires, or you have a roommate that you’re trying to remove from the property.

If you receive an eviction notice, read it carefully. If you have seven days to pay your rent or correct a lease violation, take care of it. Contact your landlord if you have questions. Be calm when you speak with them. If you believe that the eviction is illegal, talk with a landlord-tenant lawyer to determine whether you have a potential lawsuit against the landlord. If you can’t afford a lawyer, contact legal aid for help.

Eviction for any reason other than the end of a lease agreement can make it hard for you to secure adequate housing in the future. If you’re sued and the court finds in favor of the landlord, that could go on your credit report.

Eviction Information for Alabama Landlords

Eviction notices are required by Alabama law. Make sure that your eviction notice follows Alabama landlord-tenant laws. If it doesn’t, the tenant may not be required to vacate the property and they may even have the ability to file a lawsuit against you.

Make sure that you serve the tenant through one of the following: certified mail, using a private process server or the sheriff, or in person. Remember that emotions often run high in these situations. Serving the tenant yourself could be dangerous. If you do not properly serve the tenant, you cannot start the process of an unlawful detainer lawsuit if it becomes necessary. You could also set yourself up to be named as a defendant in an unlawful eviction lawsuit.

If you do file an eviction proceeding to evict the tenant and collect financial compensation, you should ensure that you have the following:

• A copy of the completed rental application for each tenant
• Copies of late rent notices or other notices you gave the tenant for violating the lease. Remember that these notices must give the tenant a certain amount of time to correct the issue in most circumstances
• A copy of the signed lease agreement
• Copies of other documentation such as a notice to raise the rent

Proper documentation is key to a successful, legal eviction. If you have questions about evictions, talk with an Alabama landlord-tenant lawyer in the county where your rental property is located.