Q:

What is the eviction process in the state of Alabama?

A:

Quick Answer

A lease can be terminated for any reason upon it's termination date, according to Eviction Resources. The lease can be terminated earlier if there is a violation of the agreement, such as non-payment of rent or material non-compliance.

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Full Answer

The landlord must serve the tenant with an Alabama Eviction Notice, which informs the tenant of the intent to evict the property if he can't rectify the violation within an allocated time, according to Landlord Guidance. It is illegal in the state of Alabama to self-evict by locking the tenant out, shutting off utilities, removing the tenant's belongings without consent, or with physical threats or harm.

The notice must indicate the specific violation that constitutes noncompliance of the lease agreement, as described by Landlord Guidance. For non-payment of rent, the tenant has 7 days to pay or evict. For material noncompliance deemed as behavior that affects the health and safety of others, the tenant has 14 days to rectify the problem. Examples of material noncompliance are damaging the property, or possessing or selling controlled substances in the unit.

The landlord should both hand deliver the original notice as well as send a copy by certified mail, instructs Eviction Resources. He should also keep a copy for his records. If the tenant fails to correct the problem and evict, the landlord files for a Summons and Complaint for Unlawful Detainer. The tenant has 7 days to file a written objection. If none is filed, the landlord wins the case. If the tenant files an objection, a hearing before a judge is held, wherein the landlord must prove delivery of the notice and the violation by the tenant. If the verdict is in favor of the landlord, the tenant may be held responsible for paying any monetary damages, such as back rent or attorney's fees.

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