✓ Law Verified June 2026
Facing eviction in Alabama? This guide explains the alabama eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Alabama law, verified as of June 2026.
In This Alabama Guide:
Alabama Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Alabama, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 7 days written notice to pay rent or quit (Ala. Code § 35-9A-421). These are 7 judicial/business days — weekends and legal holidays are excluded from the count. If the tenant pays all past-due rent within the 7 days, the landlord cannot proceed with eviction. |
| Lease violation | 7 days written notice to cure or quit (Ala. Code § 35-9A-421). The tenant has 7 judicial/business days to fix (cure) the violation. If the violation is curable and the tenant corrects it within 7 days, the eviction stops. For illegal activity on the premises, the landlord may give a 7-calendar-day unconditional quit notice with no right to cure. |
| No-cause / end of tenancy | 30 days written notice required for month-to-month tenancies (Ala. Code § 35-9A-441). The notice must be delivered at least 30 days before the next rent due date, and the tenancy ends at the end of that rental period — not mid-cycle. For week-to-week tenancies, 7 days notice is required. Alabama does allow no-cause termination of periodic (month-to-month) tenancies with proper notice. |
| Holdover tenant | No additional notice is required for holdover tenants who remain after a lease expires. If the lease has ended and the tenant stays without the landlord’s consent, the landlord may immediately file an unlawful detainer action. However, if the landlord accepts rent after the lease expires, a month-to-month tenancy may be created, requiring a 30-day no-cause notice. |
| Tenant must respond within | 7 days after being served with the complaint (Ala. Code § 6-6-332). The tenant must file a written answer with the court within 7 days of service. If the tenant does not file an answer within 7 days, the landlord may request a default judgment. If the tenant does file an answer, the case is set for trial on the next available civil court date. |
| Realistic total timeline | 21 to 42 days from the date notice is served to actual lockout in an uncontested case. Breakdown: 7 business days for the notice period, plus 7 to 14 days for court scheduling and hearing, plus 7 days automatic stay after judgment, plus 1 to 7 days for sheriff enforcement. Contested cases, appeals, or busy court dockets can extend this to 60 days or longer. |
How the Eviction Lawsuit Is Filed in Alabama
The landlord files an unlawful detainer complaint in the Alabama District Court in the county where the rental property is located. Filing fees typically range from 200 to 300 depending on the county (for example, approximately 256 in Mobile County and 261 in Jefferson County, plus 10 per additional tenant named).
The complaint must describe the property, the reason for eviction, and confirm that proper notice was given. The landlord must also pay for service of process on the tenant.
Hearing timeline: After filing, the court typically schedules a hearing within 7 to 14 days. The exact timing depends on the court’s docket and the county. Some counties may schedule faster or slower depending on caseload.
Writ of possession / lockout: 7 days automatic stay after judgment before the writ of possession can be issued (Ala. Code § 35-9A-461). After the 7-day stay expires, the landlord may apply for a writ of possession. Once issued, the sheriff serves the writ on the tenant. The sheriff may give the tenant a final period of 24 hours to a few days to vacate, depending on local practice.
If the tenant still refuses to leave, the sheriff will physically remove the tenant and their belongings. The tenant also has 7 days from judgment to file an appeal to Circuit Court; if appealed, the tenant may be required to pay rent into the court during the appeal.
Tenant Defenses Against Eviction in Alabama
Depending on your situation, you may be able to raise defenses such as:
- Alabama tenants may raise several defenses to fight an eviction: (1) Improper notice — the landlord did not provide the required written notice
- did not allow the full notice period
- or the notice was defective in form or delivery
- (2) Failure to maintain habitability — under Ala. Code § 35-9A-204
- landlords must maintain the premises in a habitable condition including functioning heat
- running water
- hot water
- electricity
- and structurally safe conditions. If the landlord failed to make essential repairs after being notified
- this may be a defense
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In Alabama, a landlord cannot evict you without a court order. Alabama landlords CANNOT do any of the following without a court order: (1) Change the locks or lock the tenant out of the rental unit; (2) Shut off utilities including electricity, gas, water, or heat; (3) Remove the tenant’s personal belongings or furniture from the property; (4) Remove doors, windows, or make the unit uninhabitable to force the tenant out; (5) Threaten or harass the tenant to force them to leave.
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Under Ala. Code § 35-9A-407, if a landlord uses any of these illegal self-help eviction methods, the tenant may recover actual damages or three months rent (whichever is greater), plus reasonable attorney’s fees. Only a sheriff or constable with a court-issued writ of possession may legally remove a tenant.
Free legal help: Alabama tenants facing eviction can get free legal help from: (1) Legal Services Alabama (LSA) at legalservicesalabama.org — provides free civil legal aid to low-income Alabamians with offices in Birmingham, Huntsville, Mobile, Montgomery, Dothan, Selma, Tuscaloosa, and Anniston/Gadsden; (2) AlabamaLegalHelp.org — a guide to free and low-cost legal aid, assistance, and services in Alabama, with specific eviction resources; (3) Call 211 to be connected to local legal aid resources; (4) Visit lawhelp.org/AL to find legal aid organizations by location; (5) Many counties have Housing Court Assistance Centers where tenants can walk in for free advice about the eviction process without an appointment.
Other Alabama eviction rules: (1) Alabama counts only judicial days (business days, excluding weekends and legal holidays) for notice periods of fewer than 11 days — so the 7-day notice for nonpayment or lease violation is actually 7 business days, not calendar days; (2) Alabama follows the Uniform Residential Landlord and Tenant Act (Ala.
Code §§ 35-9A-101 through 35-9A-603), but not all counties have adopted it — in non-URLTA counties, common law rules may apply and the process can differ; (3) The tenant has only 7 days to appeal an eviction judgment to Circuit Court (Ala.
Code § 6-6-350), and the tenant may be required to post a bond or pay rent into the court during the appeal; (4) If the tenant commits the same lease violation within 6 months of a prior 7-day cure notice, the landlord may give a 14-day unconditional quit notice with no right to cure (Ala.
Code § 35-9A-421(b)); (5) Alabama does not have rent control — there are no state or local limits on rent increases, but a rent increase cannot be used as a retaliatory measure.
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Official Alabama Sources & Resources
- Alabama Courts / Judiciary: https://www.alacourt.gov
- Alabama Eviction Statute: https://alison.legislature.state.al.us/code-of-alabama?section=35-9A-421
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Alabama Eviction Process
The Alabama eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Alabama eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Alabama eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Alabama eviction process.
This Alabama eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.