The Alabama thirty (30) day notice to quit is a document that a landlord gives to their tenant to notify them that they will need to leave the property by the end of the period. According to Section 35-9A-441 of the Alabama Statutes, in a month to month tenancy (tenancy at will) the landlord may has to provide this time-frame and if the tenant does not remove themselves from the property they may face a forcible entry and detainer (FED) which is a legal eviction. This notice does not need a formal reason by the landlord. How to Write Step 1 –
Alabama Eviction Notices – 7 and 30 Day Notices to Quit
Alabama eviction notices allow a landlord to give their tenant the right to cure their issue by giving them notice of the violation. After the notice period the tenant should have either come back into compliance, by payment of rent or fixing the violation, or they will be forced to move-out of the property. If they choose to do neither, the landlord will have no other choice but to proceed with legal eviction action by filing a Complaint and starting the eviction process by filing with the Judicial Court.
Non-Payment of Rent – 7 days (Section 35-9A-421)
Non-Compliance – 7 days (Section 35-9A-421)
Terminating a Month-to-Month Lease – 30 days (Section 35-9A-441)
The Alabama seven (7) day notice to quit, in accordance with § 35-9A-422, is a form that may only be used when a tenant is in non-compliance with their lease agreement. If it is a material breach of the residence, and the tenant does not comply within seven (7) days, the landlord may enter the unit to fix the issue themselves and charge the tenant after the fact. How to Write Step 1 – Download in Adobe PDF or Microsoft Word (.docx). Step 2 –
The Alabama seven (7) day notice to quit can be issued, according to § 35-9A-421, the day after payment is due as stated in the lease agreement between the landlord and tenant. The notice gives the tenant the seven (7) time period to either pay all that is owed to the landlord, including any back-rent, or vacate the premises with all their possessions. The tenant should note that they will remain liable for the rental amounts due to the landlord if they choose to move-out. Eviction – If the tenant does nothing, neither vacates or pays the past rent due, then the
How to Evict a Tenant (Process)
A landlord in Alabama may begin the eviction process with the Judicial Circuit Court only after exercising their efforts through a notice with the specified time period.
Step 2 – After making the initial filing, the landlord will be required to inform the tenant that a case has been filed against them by serving them the Notice of Forcible Entry and Detainer (Form C-60), Answer (Form PS-01) and Statement of Complaint (Form SM-1). The tenant shall have up to seven (7) days to respond.
After the seven (7) day period, or before, a hearing will be scheduled.
Step 3 – After the hearing, and if the Judge rules in the favor of the landlord, the Writ of Restitution (Form C-59A) will be submitted and the landlord may give to the Sheriff’s Office. Depending on the County the tenant will either have a certain amount of days to leave the premises or be forced to leave immediately. If the tenant opts to remain on the premises the Sheriff may forcibly remove the tenant and grant access to the landlord.