Are you a landlord in Alabama? Facing the challenge of evicting a tenant? Wondering, how much do evictions cost? Don’t worry, we’ve got you covered.
In this guide, we’ll walk you through the step-by-step process of evicting a tenant in Alabama. From serving the eviction notice to the final removal, we’ll cover all the necessary actions you need to take.
We’ll also discuss the reasons for eviction and the associated costs. Whether it’s a difficult tenant or a squatter situation, this guide will give you the confidence to navigate the eviction process successfully.
Eviction Process in Alabama
If you’re a landlord in Alabama, you need to understand the eviction process. Alabama laws on eviction require landlords to follow specific steps when evicting a tenant. The process begins with serving a seven-day eviction notice, which can be a rent demand notice, a lease violation notice, or an unconditional notice to quit.
If the tenant fails to comply, the landlord can file an eviction lawsuit with the court. This involves filing a statement of claim for eviction and paying a court filing fee.
The tenant then has a final notice period to move out, and if they refuse, the landlord can bring a writ of restitution to the sheriff’s office to schedule and pay for eviction. The sheriff will forcibly remove the tenant if necessary.
As for the cost of evictions in Alabama, it varies depending on the case and circumstances, making it difficult to provide an accurate estimate.
Reasons for Eviction in Alabama
There are five reasons for eviction in Alabama that landlords should be aware of.
Firstly, if a tenant materially fails to comply with the rental agreement, you have grounds for eviction.
Secondly, intentionally lying on the rental application is another valid reason for eviction.
Thirdly, if the tenant fails to maintain the dwelling unit in a way that affects health and safety, you can proceed with eviction.
Additionally, if the tenant refuses to allow lawful access to the property, eviction is justified.
Finally, if the tenant is involved in handling illegal drugs or firearms on the premises, you have the right to start the eviction process.
It’s crucial for landlords to understand these reasons to ensure a smooth and legal eviction process in Alabama.
Landlord Serves a Seven-Day Eviction Notice
Once you have identified a valid reason for eviction in Alabama, it’s time to serve the tenant with a seven-day eviction notice. Alabama eviction laws require a notice so tenants can either have a chance to remedy the issue, or to leave on their own accord.
There are three types of notices that you can use: the Rent Demand Notice, the Lease Violation Notice, and the Unconditional Notice to Quit.
The Rent Demand Notice gives the tenant seven days to pay the overdue rent or move out.
The Lease Violation Notice gives the tenant seven days to correct the violation or vacate the premises.
The Unconditional Notice to Quit gives the tenant seven days to move out without the option to remedy the situation.
It’s important to properly serve the notice to the tenant and keep a record of the delivery.
This notice is the first step in the eviction process and sets the timeline for further legal actions.
Landlord Files an Eviction Lawsuit With the Court
To proceed with the eviction process in Alabama, you, as the landlord, must file an eviction lawsuit with the court.
To do this, you need to file a Statement of Claim for Eviction/Unlawful Detainer in the court located in the same county as the leased property. Make sure to include all necessary information in the Statement of Claim for Eviction, such as the reason for eviction and any supporting evidence.
Additionally, you’ll need to pay a court filing fee and obtain a case number from the court.
Once the eviction lawsuit is filed, the court will serve the tenant with a summons, notifying them of the lawsuit and the date of the court hearing. Once the court hearing occurs and the judgement falls in favor of the landlord, you can move forward with removing the evicted tenant.
Sheriff Arrives to Forcibly Remove the Tenant
When the sheriff arrives, you’ll be able to forcibly remove the tenant from the property. If the tenant refuses to leave even after receiving a final notice period, the sheriff will return to carry out the eviction.
As the landlord, it will then be your responsibility to change the locks and clear out any remaining items left by the tenant. According to Alabama Code § 35-9A-423(d), any remaining items must be stored for 14 days before disposal.
Once the tenant has been forcibly removed, the property possession will be restored to you as the landlord. It’s important to follow the proper legal procedures and work closely with the sheriff’s office to ensure a smooth and lawful eviction process.
Conclusion
In conclusion, understanding the eviction process in Alabama is crucial for landlords facing challenging situations with tenants.
From serving the initial eviction notice to the final removal of the tenant, it’s important to follow the legal steps to ensure a smooth procedure.
Knowing the various reasons for eviction, associated costs, and having the necessary knowledge and tools will empower landlords to navigate the eviction process with confidence and regain possession of their property.
