Alabama evictions can be a lengthy process that, if not done within the specific confines of the Alabama Eviction Statute, can cost you a lot of time, money, and aggravation.
If you have any questions about the Baldwin County Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager, please contact John R. Parker, your local Gulf Shores, AL Kick’em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
If you would like to learn more about how to evict a tenant, a Free – Alabama Tenant Eviction Process Explanation is provided below.
Having a non-paying or nuisance tenant can be extremely aggravating, but Alabama law prevents a landlord from taking the law into his own hands by taking non-legal actions to force the tenant out. However, if the landlord follows the proper legal steps, he may recover, upon termination of the lease, possession of the rental property, unpaid rent, and fees paid to an attorney for handling the eviction process. A landlord must proceed with caution when attempting to recover possession of the legal premises.
Step 1:
The Alabama eviction process is generally triggered by the tenant’s failure to pay rent when due. If rent is not paid on time and the landlord wishes to evict the tenant, the landlord must deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed and that the rental agreement will terminate upon a date not less seven (7) days after receipt of the notice. If the landlord wishes to evict the tenant for a violation of the lease other than failure to pay rent, the written notice must specify the tenant’s acts or omissions that violate the lease and that the rental agreement will terminate in no less than seven (7) days after the receipt of the notice. Whether the notice to terminate the lease was for nonpayment or another reason, the lease will not be terminated if the tenant remedies or cures the problem within the notice period. If the issue remains uncured, the rental agreement terminates, and the landlord may proceed with the eviction process.
Step 2:
After the notice period expires and the issue with the tenant remains uncured, the landlord may file an action in court to recover possession of the premises, unpaid rent, court costs and attorney’s fees. The county sheriff or other authorized person must serve the tenant with a notice of the action filed against him. The notice will state the tenant has seven (7) days to answer the action filed against him.
Step 3:
If the tenant fails to answer, the landlord may apply for a default judgment. If the defendant answers, the judge will set a hearing in the matter. If the landlord prevails, the judge may order that the possession of the premises be restored to the landlord and may also award payment of damages and attorney’s fees to the landlord.
Step 4:
Once the judgment has been entered in the landlord’s favor, the landlord must apply for a writ of possession in order to have the court direct a law enforcement officer to kick the tenant out of the premises.
Step 5:
Once the landlord has recovered possession of the rental property, he may wish to take lawful actions to recover any lawyer’s and attorney’s fees that were awarded by the court in the eviction proceeding.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
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