Under Alabama eviction laws with no lease in place, a landlord who has been accepting rent still has to follow the same court process required for any other tenancy. Accepting regular rent creates a periodic tenancy by operation of law, which means the occupant cannot be told to pack up and leave the same day. The landlord must serve written notice, wait out the statutory period, file an unlawful detainer action in district court, and obtain a writ of possession before the sheriff can remove anyone.
No Written Lease Still Means a Tenancy
A signed lease is not what gives someone the legal status of a tenant in Alabama. When a landlord accepts rent from a person living in the property, the arrangement becomes a periodic tenancy. Monthly rent creates a month-to-month tenancy; weekly rent creates a week-to-week tenancy.1Alabama Legislature. Alabama Code 35-9A-441 – Periodic Tenancy; Holdover Remedies Either way, the occupant has the same right to stay until properly evicted through the court as someone holding a formal written lease.
Someone who has never paid rent, a houseguest who overstayed, or a person who moved in without the landlord’s knowledge is a different situation. Courts look at whether the person pays rent or shares expenses, receives mail at the address, keeps belongings there, and has unrestricted access. The more of those factors are present, the more likely a court treats the person as a tenant who must be formally evicted rather than a trespasser.
Written Notice Comes First
Every Alabama eviction starts with a written notice. The type of notice and the waiting period depend on why the landlord wants the tenant out.
30 Days to End a Month-to-Month Tenancy
A landlord ending a month-to-month tenancy without pointing to any specific violation must give at least 30 days’ written notice before the next periodic rental date.1Alabama Legislature. Alabama Code 35-9A-441 – Periodic Tenancy; Holdover Remedies A week-to-week tenancy needs only seven days. No reason has to be stated. The notice just has to state the date the tenancy will end.
7 Business Days for Unpaid Rent
When rent goes unpaid, the landlord can deliver a written notice giving the tenant seven business days to pay everything owed, including late fees. Full payment inside that window keeps the tenancy alive and stops the eviction from moving forward.2Alabama Legislature. Alabama Code 35-9A-421 – Noncompliance with Rental Agreement; Failure to Pay Rent If the tenant does not pay in time, the tenancy terminates at the end of those seven business days.
7 Business Days for Other Violations
The same seven-business-day window applies to other breaches, such as property damage, disturbing neighbors, or failing to keep the unit reasonably clean and safe. The notice has to describe exactly what the tenant did wrong and give seven business days to fix it.2Alabama Legislature. Alabama Code 35-9A-421 – Noncompliance with Rental Agreement; Failure to Pay Rent Curing the problem preserves the tenancy. There is a limit: a tenant can only cure a breach twice in any 12-month period, and after the second cure the landlord is not required to offer another chance.
No Chance to Cure for Certain Conduct
Some conduct is serious enough that the landlord can issue a seven-day termination with no cure option:
- Manufacturing, possessing, or using illegal drugs in the unit or common areas.
- Unlawful possession, manufacture, or discharge of firearms on the property (self-defense excepted).
- Intentional misrepresentation of a material fact on the rental application or agreement.
Alabama treats these as conduct that cannot be undone, so the tenant does not get an opportunity to fix things.2Alabama Legislature. Alabama Code 35-9A-421 – Noncompliance with Rental Agreement; Failure to Pay Rent
Delivering the Notice
A notice that never reaches the tenant can sink the whole case. Alabama treats the tenant as having received a notice when it is placed directly in the tenant’s hands, or three days after it is sent by first-class U.S. mail to the tenant’s last known address.3Macon County District Court. Uniform Residential Landlord and Tenant Act – Section 35-9A-144 Hand delivery removes any argument about timing. If mailing, the landlord should add three days to whatever notice period the statute calls for, because those three days have to pass before the notice is legally received.
Filing an Unlawful Detainer Action
If the tenant stays past the notice deadline, the landlord’s only lawful next step is an unlawful detainer action. This is Alabama’s name for an eviction lawsuit, and it must be filed in the district court of the county where the property sits.4Alabama Legislature. Alabama Code 35-9A-461 – Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief Eviction cases receive priority scheduling ahead of other civil matters.
Filing fees depend on what the landlord is asking for. A case for possession only, or one involving less than $1,500, costs $35. If back rent or damages between $1,500 and $3,000 are added, the fee is $109. For claims between $3,000 and $20,000, the fee is $198.5Alabama Legislature. Alabama Code 12-19-71 – Circuit and District Court Filing Fee
Serving the Tenant
Once the case is filed, the court issues a summons that has to be served on the tenant under the Alabama Rules of Civil Procedure. A sheriff, constable, or process server delivers the papers in person. If personal service fails, the papers can go to any competent adult living on the premises. If no one can be found at the property after a reasonable effort, the server can post the summons on the front door and mail a copy by first-class mail. Service is complete on the date the mailed copy is sent.4Alabama Legislature. Alabama Code 35-9A-461 – Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief
The Tenant’s Answer and the Hearing
After service, the tenant has seven calendar days to file a written answer with the court. This is where most tenants lose by doing nothing. If no answer is filed, the landlord can request a default judgment, and the court will typically rule in the landlord’s favor without a hearing. A tenant who does answer gets a hearing date to present evidence and testimony. Alabama courts generally will not postpone eviction hearings, so missing the hearing has the same effect as not answering at all.
Writ of Possession and Appeal Window
When the judge rules for the landlord, the tenant has seven calendar days to file an appeal to the circuit court.4Alabama Legislature. Alabama Code 35-9A-461 – Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief An appeal requires posting an appeal bond, typically equal to the rent owed, and the circuit court must schedule the new trial within 60 days.
If no appeal is filed in that seven-day window, the landlord can apply for a writ of possession. There is an automatic seven-day stay on any writ after judgment, so the earliest a writ can be executed is the eighth day.4Alabama Legislature. Alabama Code 35-9A-461 – Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief The landlord pays a small fee for the sheriff to carry out the writ. Once the sheriff arrives, the tenant must leave, and the sheriff will physically remove the tenant and belongings if necessary.
Self-Help Evictions Are Illegal
No matter how far behind the tenant is, Alabama does not let a landlord force anyone out without going through court. Changing the locks, removing belongings, or shutting off water, gas, or electricity to pressure the tenant to leave are all prohibited. These are called self-help evictions, and they are unlawful even when rent has gone unpaid for months.
A tenant subjected to any of these tactics can sue to recover possession and collect damages equal to three months’ rent or the actual financial harm suffered, whichever is greater, plus reasonable attorney’s fees.6Justia. Alabama Code 35-9A-407 – Tenant’s Remedies for Landlord’s Unlawful Ouster The tenant can also choose to terminate the rental agreement, in which case the landlord must return the full security deposit and any prepaid rent.
Defenses a Tenant Can Raise
Filing an answer is the tenant’s chance to raise defenses that can stop or delay the eviction. The strongest ones usually fall into a few categories.
- Defective notice: the landlord gave fewer days than the statute requires, failed to describe the breach, or never delivered the notice properly. A notice sent only by regular mail is not received for three additional days, so a landlord who miscounts can jump the gun.
- Rent was paid: receipts, bank records, or other proof that rent was paid on time.
- Retaliation: the eviction was filed because the tenant reported code violations, complained to the landlord about a failure to maintain the property, or joined a tenant organization.
- Landlord’s own breach: if the landlord failed to keep the unit habitable, the tenant may argue the landlord cannot enforce the agreement while violating it.
Every one of these requires filing the written answer within seven days. Showing up to explain things at a hearing that was never scheduled means the case is already lost.
Retaliation Protections
Alabama specifically bars a landlord from evicting, raising rent, or cutting services because a tenant complained to a government agency about health or safety code violations, complained to the landlord about a maintenance failure, or joined a tenant organization. A tenant who proves retaliation has a complete defense to the eviction and can recover damages of up to three months’ rent or actual losses, whichever is greater, plus attorney’s fees. The landlord still has the right to evict after a complaint if the tenant caused the code violation, owes back rent, or materially violated other terms of the tenancy.7Alabama Legislature. Alabama Code 35-9A-501 – Retaliatory Conduct Prohibited
Belongings Left Behind After Eviction
Tenants sometimes leave property in the unit after an eviction. Alabama gives the former tenant 14 days after the termination date to retrieve personal belongings. Once that 14-day window closes, the landlord has no duty to store or protect the items and can dispose of them.8Alabama Legislature. Alabama Code 35-9A-423 Throwing property out before those 14 days are up creates liability, so keeping a written record of dates and any attempts to reach the tenant is worth the effort.