In Alabama, a landlord may give notice of termination for any reason. Even if you
are a model tenant—quiet, paying your rent on time and keeping your apartment clean—your
landlord can refuse to renew your lease. He must give you one rental period’s notice
if you have an oral lease, or give notice according to the terms of the written
lease if you have one. (The only exception is for non-payment of rent in which case
eviction procedures may take place.
Failure to pay rent or to pay rent on time, for any reason, is grounds for eviction.
There are two types of eviction procedures a landlord can use to get you to move:
1. "unlawful detainer" ( a civil eviction)
2. "failure to vacate" (a criminal eviction)
If a landlord uses the "unlawful detainer" method of eviction, he must
give you three (3) days written notice to vacate. If you do not leave, the landlord
can sue by filing a complaint against you in court. After you receive a summons
to appear in court, you have five (5) days to object in writing to the eviction.
If you do not file an objection you can be removed from the dwelling by the Sheriff.
If you do object, a hearing will be scheduled to determine your right to possession
of the property.
If a landlord uses the "failure to vacate" method of eviction, he must
give you ten (10) days written notice. This method of eviction applies only to non-payment
of rent. If you do not leave the premises within ten (10) days, you can be charged
with a misdemeanor. You would then be required to appear in court where you could
be fined up to $25 for each day you remained in the dwelling after being given the
ten (10) day notice to vacate.
As in most states, Alabama landlords are not permitted to change the locks on your
doors, move your furniture out, turn off your utilities or use any other "self-help"
method of eviction or harassment to get you to move.
Additionally, Alabama landlord/tenant law states that upon the voluntary or involuntary
termination of any lease agreement, all property left in the dwelling by the tenant
will be considered abandoned, and may be disposed of by the landlord as the landlord
sees fit and without recourse by the tenant. All property left on the premises by
the tenant is subjected to a lien in favor of the landlord for the payment of all
sums agreed to be paid by the tenant.
Disclaimer: Laws change over time and there may be times when information
on this web site will not be current. This information is for general informational
purposes only. It is not intended as legal advice nor is it a comprehensive treatment
of the subject. It is not a substitute for advice from a Nationwide Eviction attorney.