Alabama eviction law

If rent is unpaid when due, you may deliver a written notice to terminate that states the rent and any late fees owed and a termination date at least seven business days after the tenant receives it. If the tenant does not pay within those seven business days, the lease terminates.

Ala. Code § 35-9A-421(b)

• The Act's general notice rules, including the rule that a mailed notice is received three days after mailing, do not apply to a notice to terminate a tenancy, so be ready to show when the tenant actually received it. Ala. Code § 35-9A-144(c), (e)
• If the tenant owes rent and is also in breach of another term, the seven business day nonpayment period governs. Ala. Code § 35-9A-421(b)
• Accepting rent with knowledge of a default waives your right to terminate for that breach unless you and the tenant agree otherwise after it occurs. Ala. Code § 35-9A-424 See Notice for other lease violations on the Alabama page
• Once the lease terminates you have a claim for possession and rent and a separate claim for actual damages and reasonable attorney's fees. Ala. Code § 35-9A-426

For a material breach of the lease, an intentional misrepresentation of a material fact in the lease or application, or a failure of the tenant duties that materially affects health and safety, you may deliver a written notice to terminate naming the breach and a date at least seven business days after the tenant receives it. If the tenant adequately remedies the breach before that date, the lease does not terminate; a material misrepresentation cannot be cured.

Ala. Code § 35-9A-421(a)

• No breach may be cured more than twice in any 12-month period without your express written consent. Ala. Code § 35-9A-421(d)
• Illegal drug activity in the unit or common areas, illegal use, possession or discharge of a firearm or ammunition on the premises, and criminal assault of a tenant or guest on the premises (each with self-defense exceptions for firearms and assault) are noncurable defaults, and you may end the lease on a seven-day notice. So is a breach substantially the same as one already noticed and cured, if it happens within six months of the first. Ala. Code § 35-9A-421(d)
• Tenant duties include following building and housing code obligations, keeping the unit clean and safe, disposing of waste, keeping plumbing clear, using appliances reasonably, not damaging the premises, and not disturbing the neighbors' peaceful enjoyment. Ala. Code § 35-9A-301
• If a tenant's failure to maintain materially affects health and safety and can be fixed by repair, replacement of a damaged item or cleaning, and the tenant does not fix it as promptly as an emergency requires or within seven days after your written notice naming the breach and asking for the remedy in that time, you may enter, have the work done in a workmanlike manner, and bill the actual and reasonable cost as rent on the next due date, or for immediate payment if the lease has ended. Ala. Code § 35-9A-422
• Accepting rent with knowledge of a default, or accepting performance that varies from the lease, waives your right to terminate for that breach unless you agree otherwise after it occurs. Ala. Code § 35-9A-424
• A rule adopted after the tenant signs that substantially changes the tenant's use of the unit is not valid unless the tenant consents in writing, and the lease wins over any conflicting rule. Ala. Code § 35-9A-302(c)

After the lease terminates, file the eviction in district or circuit court, according to their jurisdictions, in the county where the property is located; eviction cases take precedence in scheduling over other civil cases. The Alabama Rules of Civil Procedure govern the case except where the Act changes them.

Ala. Code § 35-9A-461(a), (b)

• If the tenant cannot be served in person, service may be made by delivering the notice to a legally competent person living at the property or, if no one is found after reasonable effort, by posting it on the door. After posting, a copy must be mailed first class to the tenant the same day or by the close of the next business day, and service is complete on the mailing date. Ala. Code § 35-9A-461(c)
• Either party may appeal a district court eviction judgment to circuit court within seven days after it is entered. A tenant's appeal does not stop the writ unless the tenant pays the circuit court clerk all rent due since the case was filed and keeps paying rent as it comes due. Ala. Code § 35-9A-461(d)
• After a judgment for you, a writ of possession issues on your application, and the automatic stay on the writ lasts seven days. Ala. Code § 35-9A-461(e)
• Never use self-help: if you remove the tenant or cut essential services without a court order, the tenant may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees. Ala. Code § 35-9A-427 Ala. Code § 35-9A-407 See Lockouts and utility shutoffs on the Alabama page

You may not recover or take possession of the unit except by court action, abandonment or surrender, and you may not willfully interrupt heat, running water, hot water, electric, gas or another essential service to do so.

Ala. Code § 35-9A-427

• If you unlawfully remove or exclude the tenant or willfully cut essential services, the tenant may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, and reasonable attorney's fees; if the lease ends, return all recoverable security and unearned prepaid rent. Ala. Code § 35-9A-407
• Distraint for rent is abolished, and a lien on the tenant's household goods is unenforceable unless it was perfected before January 1, 2007. Ala. Code § 35-9A-425

If a tenant leaves property in the unit more than 14 days after the tenancy terminates, you have no duty to store or protect it and may dispose of it without obligation. Besides any other way you determine abandonment, a unit is considered abandoned if its electric service has been off for seven consecutive days.

Ala. Code § 35-9A-423(d), (e)

• You may enter without consent when you reasonably believe the tenant has abandoned or surrendered the unit. Ala. Code § 35-9A-303(b)(5)
• After abandonment you must make reasonable efforts to re-rent at a fair rental. Ala. Code § 35-9A-423(c) See Ending a fixed-term lease early on the Alabama page
• Distraint for rent is abolished, so you may not hold the tenant's belongings to secure unpaid rent. Ala. Code § 35-9A-425(b)

You may not retaliate by discriminatorily increasing rent, decreasing services, or bringing or threatening an action for possession because the tenant complained to a code enforcement agency about a violation materially affecting health and safety, complained to you of a violation of your maintenance duties, or organized or joined a tenants' union or similar organization.

Ala. Code § 35-9A-501(a)

• A tenant subjected to retaliation has a defense to your action for possession and may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, and reasonable attorney's fees. Ala. Code § 35-9A-501(b) Ala. Code § 35-9A-407
• You may still bring an action for possession if the code violation was caused mainly by the tenant's lack of reasonable care, the tenant is in default in rent, the required repairs would effectively deprive the tenant of use of the unit, or for another material violation of the lease. Ala. Code § 35-9A-501(c)
• Bringing such an action does not release you from liability to the tenant for damages for your own noncompliance. Ala. Code § 35-9A-501(d) Ala. Code § 35-9A-401(b)
• The section sets no time window and no presumption of retaliation. Ala. Code § 35-9A-501