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In Alabama, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
What to do when the lease agreement is in breach. In the event that the lease agreement is cancelled due to a breach and the tenant fails to vacate the property, the aggrieved landlord will have the option of evicting the tenant. This can only be done by approaching the court to apply for an eviction order.
Evicting Someone Not on the LeaseDetermine if the person's a guest, roommate, or tenant.Talk to the landlord (if you're a renter).Contact law enforcement /deliver an eviction notice (if required).File an eviction case with the appropriate court (if required).Attend the eviction hearing (if a hearing is required).More items...
Introduction. Alabama landlords must have legal cause to evict a tenant, if the landlord does not have cause, the landlord must wait until the lease has ended.
In Alabama, a landlord can't start an eviction proceeding against a tenant until the tenant is behind on paying rent. Even being one day late constitutes late payment of rent by state law.
Dear your landlord or property manager's name, I am writing to inform you I will be vacating my rental unit on date you intend to vacate. This letter meets the 30-day notice requirement outlined in my lease agreement.
Alabama eviction laws vary from county to county, but they still follow the same general eviction process: Send a clear written notice. Fill out the forms. Serve the tenant....The eviction process is as follows:Proceed to the justice court the rental property belongs to.File a complaint.Pay the fees.
Steps of the eviction process in Alabama:Notice is posted to correct the issue/vacate.If uncured and tenant remains, complaint is filed and served.Answer is filed.Hearing is held and judgment issued.If granted, writ of execution is posted.Possession of property is returned to landlord.
Each county in Alabama determines its own filing fees. These can range from $240 up to $302 or more. In addition, each county charges fees for having the sheriff serve the complaint on the tenant, ranging from $5 to $50.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.