Alabama eviction form C-59, titled “Statement of Claim — Eviction/Unlawful Detainer,” is the court document a landlord files in district court to start an unlawful detainer action against a tenant whose right to occupy has ended. You download it free from the Alabama Unified Judicial System at eforms.alacourt.gov,1Alabama Administrative Office of Courts. Civil Forms – Unlawful Detainer fill in the court, parties, property, grounds for terminating possession, the date you delivered the required written notice, and any money you are claiming, then file it with the clerk of the district court in the county where the rental property sits. Filing fees run roughly $80 to $280 depending on the amount claimed and the county.
Before you touch the form, make sure the notice step is done. Filing a C-59 too early is one of the fastest ways to lose.
Serve the Seven-Day Notice First
Alabama law requires a written notice to the tenant before you can file. The tenant gets at least seven business days after receiving the notice to either pay what is owed or correct the lease violation.2Alabama Legislature. Alabama Code 35-9A-421 – Noncompliance With Rental Agreement; Failure to Pay Rent Weekends and state holidays do not count. If the tenant does neither, the lease terminates on the date stated in the notice, and you can then file the C-59.
For a nonpayment notice, state the exact dollar amount of rent and any late fees owed. For other breaches, describe the specific acts or omissions. Keep a copy of the notice and proof of delivery: a certified mail receipt, a witness signature, or a photograph of the notice posted on the door. The court will expect to see that the tenant had proper warning before you sued.
Filling Out the C-59 Section by Section
The form references Sections 35-9A-101 et seq. and 6-6-310 et seq. of the Alabama Code.3Alabama Unified Judicial System. Alabama Code Form C-59 – Statement of Claim Eviction/Unlawful Detainer Work through it in order.
Court heading. Enter the District Court and the county where the rental property is located. Unlawful detainer cases must be filed in the county where the property sits.4Alabama Legislature. Alabama Code 6-6-331 – Venue
Plaintiff and defendant names. List the full legal name and address of every landlord as plaintiff and every adult tenant on the lease as defendant. Leaving a tenant off can mean the judgment does not reach them, and they may claim a right to stay.
Property description. Enter the full street address and unit number. The form asks whether the property is residential, commercial, or other real property. Match this to the lease exactly.
Reason for loss of possession rights. Identify why the tenant no longer has a right to be there: nonpayment, lease violation, holdover after the lease expired, or another ground under Alabama’s unlawful detainer statute.5Alabama Legislature. Alabama Code 6-6-310 – Definitions
Notice confirmation. State that the tenant’s right of possession was lawfully terminated by written notice, and give the date it was delivered.
Money claim. If you are also seeking unpaid rent, late fees, or damages, enter the total and break it down: unpaid rent and late charges, attorney fees if the lease allows them, and any other charges such as documented property damage.
Where People Trip Up on the Money Claim
Total only the rent actually due through the filing date. Do not include future rent the tenant has not yet missed. Late fees should reflect what the lease allows. Alabama does not set a statutory cap, but courts expect the amount to be reasonable and proportional to the rent. Five to ten percent of monthly rent is common industry practice; anything above twenty percent risks being struck down as punitive.
Request possession of the premises, not just money. If you only ask for unpaid rent and forget to check the box for possession, the court cannot order the tenant removed, and you will have to start over.
Where to File and What It Costs
File the completed C-59 with the clerk of the district court in the county where the property is located.4Alabama Legislature. Alabama Code 6-6-331 – Venue If your total money claim (excluding interest, costs, and attorney fees) is $6,000 or less, the case goes on the small claims docket, which uses simplified procedures.6Alabama Legislature. Alabama Code Title 12 Courts 12-12-31 – Small Claims Actions Cases above $6,000 stay in district court under standard civil procedures.
Base docket fees set by state law depend on how much you are claiming:7Alabama Legislature. Alabama Code 12-19-71 – Circuit and District Court Filing Fee – Amount
- $1,500 or less: $35
- $1,501 to $3,000: $109
- $3,001 to $20,000: $198
Those are only the base amounts. Each county adds its own administrative, technology, and service charges on top. The total at the clerk’s window in Mobile County is $256, and Montgomery County charges $247. Call your county’s district court clerk before you go to confirm the exact amount and the accepted forms of payment. Many courthouses do not take personal checks.
What Happens After You File
The clerk issues a summons, and the tenant must be formally served at least six days before the court’s return date.8Alabama Legislature. Alabama Code 6-6-332 – Process – Form of Notice; Service and Return Thereof A sheriff or constable handles delivery and files a return of service showing the tenant was notified.
If the sheriff cannot hand the papers directly to the tenant, the law allows alternatives. The papers can be left with any competent adult living on the premises. If nobody is home after a reasonable effort, the sheriff can post a copy on the door and, that day or the next business day, mail another copy by first-class mail to the tenant at the property address, or to the tenant’s last known address if the property has no mailing address.8Alabama Legislature. Alabama Code 6-6-332 – Process – Form of Notice; Service and Return Thereof Service by posting is complete on the date the mailed copy goes out. Watch the file. The court will not proceed until the clerk’s record shows service was completed.
Once served, the tenant has seven calendar days to file a written answer to the possession claim.9Mobile County – Thirteenth Judicial Circuit Court of Alabama. Unlawful Detainers If you also claimed money, the tenant has fourteen days to respond to that portion. These deadlines are short by design to keep eviction cases moving.
If no answer is filed within seven days, you can ask the court for a default judgment on possession. You first have to file an affidavit addressing the tenant’s status under the federal Servicemembers Civil Relief Act, stating either that the tenant is not on active military duty or that you were unable to determine the tenant’s status.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The Department of Defense Manpower Data Center lets you check active-duty status for free.
If the tenant does answer, the court sets a hearing. Both sides present evidence: the lease, the notice to quit, rent ledgers, photos of damage, and anything else that supports the position. The judge decides, and the court enters judgment for possession, costs, and damages, or for the tenant with costs.11Alabama Legislature. Alabama Code 6-6-337 – Proceedings Upon Determination Not showing up is a reliable way to lose the case you filed.
Writ of Possession and Appeal
A judgment in your favor does not clear the unit that day. Alabama law imposes an automatic seven-day stay after an eviction judgment before a writ of possession can take effect.12Alabama Legislature. Alabama Code Title 35 Property 35-9A-461 Once the stay expires, you apply for the writ, and the court orders the sheriff to restore you to possession.11Alabama Legislature. Alabama Code 6-6-337 – Proceedings Upon Determination A separate fee applies; Jefferson County charges $30, and other counties charge similar amounts. The sheriff schedules the physical removal, which can take a week or more in busy counties.
Either side can appeal to circuit court within seven consecutive days after the judgment, with the deadline rolling to the next business day if the seventh day falls on a weekend or state holiday.13Alabama Legislature. Alabama Code 6-6-350 – To Circuit Court From District Court A tenant’s appeal does not automatically stop the eviction. To stay in the property during the appeal, the tenant must pay the circuit court clerk all rent due from the date the original case was filed and continue paying rent as it comes due. Miss one payment and the landlord can move for a writ of possession right away.12Alabama Legislature. Alabama Code Title 35 Property 35-9A-461 A hardship affidavit does not waive the payment requirement.9Mobile County – Thirteenth Judicial Circuit Court of Alabama. Unlawful Detainers