A writ of possession in Alabama is the court order that authorizes the sheriff or constable to physically restore a landlord to a rental property after the landlord wins an unlawful detainer case. Under Alabama Code Section 6-6-337, the judge issues the writ as part of the judgment itself, so there is no separate motion or “Request for Writ of Possession” to file after winning.1Alabama Legislature. Alabama Code 6-6-337 – Proceedings Upon Determination for Either Plaintiff or Defendant
How the Writ Issues After Judgment
The writ comes out of an unlawful detainer action, which the statute defines as a case where a person who entered the property lawfully as a tenant refuses to leave after the right to possession has ended.2Alabama Legislature. Alabama Code 6-6-310 – Definitions When the district court rules for the landlord, Section 6-6-337 requires the judge to issue a writ of execution as part of the same judgment. That writ commands the sheriff or constable to restore possession to the landlord and also authorizes the sheriff to seize enough of the tenant’s assets to cover court costs.1Alabama Legislature. Alabama Code 6-6-337 – Proceedings Upon Determination for Either Plaintiff or Defendant
The possessory judgment and any money judgment for unpaid rent are separate. The writ returns the property. A money judgment for back rent or damages survives the tenant’s move-out and can be collected through garnishment or other enforcement. A landlord can obtain both in one case.
How the Sheriff Carries It Out
Once issued, the writ goes to the county sheriff’s department for execution. Only a deputy or constable has legal authority to remove a tenant. The deputy posts a written notice on the front door of the rental unit stating that the writ will be executed on or after a specific date. That posting gives the tenant a last chance to leave voluntarily.
If the tenant is still there after the posted deadline, the deputy returns to carry out the writ. Everyone in the unit is instructed to leave, the deputy keeps the peace while the landlord changes the locks, and the tenant’s belongings are removed. If the tenant refuses to cooperate, the deputy may use reasonable force to remove them.
Stopping the Writ With an Appeal
A tenant who loses in district court has seven days to appeal to circuit court. That window does not extend. Once appealed, the circuit court must set the new trial as a priority case within 60 days.3Alabama Legislature. Alabama Code 6-6-350 – To Circuit Court from District Court
Filing the appeal by itself does not stop the sheriff. To suspend execution of the writ during the appeal, the tenant must do two things within the appeal window under Section 6-6-351. First, pay the district court clerk all rent that has already come due, and keep paying rent to the clerk as it comes due throughout the appeal. Second, file a surety bond, approved by the clerk in an amount the judge sets, guaranteeing payment of any damages the landlord suffers because of the appeal.4Alabama Legislature. Alabama Code 6-6-351 – Writs of Restitution or Possession – Suspension Upon Payment of Rent by Defendant
Both are required. Paying rent without posting the bond does not produce a stay. If the tenant misses even one rent payment during the appeal, the landlord can ask the circuit court to lift the stay and let the writ go forward.4Alabama Legislature. Alabama Code 6-6-351 – Writs of Restitution or Possession – Suspension Upon Payment of Rent by Defendant
Property Left Behind After the Writ Is Executed
When the sheriff clears the unit and belongings end up outside, the landlord cannot immediately throw everything away. Alabama law gives the tenant 14 days after termination to retrieve personal property. After that period, the landlord has no duty to store or protect it and may dispose of it without further obligation.5Alabama Legislature. Alabama Code Title 35 Property 35-9A-423
For tenants, that means arranging pickup within two weeks. After the window closes, the landlord can legally discard everything without warning.
Landlords Cannot Skip the Writ
Some landlords try to force tenants out without going through the court, by changing locks, hauling belongings to the curb, or shutting off utilities. Alabama law prohibits all of it. A landlord cannot recover possession by any means other than the court process, and cannot cut off heat, water, electricity, gas, or other essential services to push a tenant out.6Macon County – Fifth Circuit Court of Alabama. Uniform Residential Landlord and Tenant Act – Section 35-9A-427
A tenant who is illegally locked out or has essential services cut off can either recover possession of the unit or terminate the lease, and in either case can sue for up to three months’ rent or actual damages, whichever is greater, plus reasonable attorney’s fees. The landlord must also return the full security deposit and any prepaid rent.7Macon County – Fifth Circuit Court of Alabama. Uniform Residential Landlord and Tenant Act – Section 35-9A-407
How Long the Process Takes
A typical Alabama eviction runs from about 30 days to several months, depending on whether the tenant contests the case or appeals. The stages are the pre-suit notice period, scheduling and holding the district court hearing, the seven-day appeal window after judgment, and the sheriff’s execution of the writ. If the tenant appeals and posts bond, add up to 60 days for the circuit court trial. Contested cases with appeals can stretch past three months.