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. With month-to-month tenancy (or tenancy-at-will) the landlord has to provide at least thirty (30) days or whatever is listed in their agreement. If the tenant does not remove themselves from the property, they may face a legal eviction (Forcible Entry and Detainer (F.E.D.)). The landlord does not need a reason to submit this notice. Laws – § 35-9A-441
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 is a letter that may be sent to the tenant when they are in non-compliance with their lease agreement for any reason other than the non-payment of rent. If the landlord does not get a response from the tenant as to whether the tenant cured the issue, the landlord has the option to cancel the lease. After cancellation, if the tenant does not make plans to move-out of the property, the landlord will be able to seek an eviction. Material Breach – If it is a material breach of the residence and the
The Alabama seven (7) day notice to quit 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. Laws – § 35-9A-421 Eviction – If the tenant does nothing, neither vacates or pays the past rent due, then the landlord can file
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.