Alabama Tenant's Affidavit of Possession
Description
How to fill out Tenant's Affidavit Of Possession?
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FAQ
Filing fees apply and will vary, the initial filing fee is $350.00; $10.00 for each additional defendant if service is issue by Sheriff and $20.00 fee per defendant. Please include a copy of the ?Notice to Tenant? when filing an original action.
After the initial notice and waiting period, an eviction action is filed in District Court. The tenant is served with a copy of the summons and complaint, and given an opportunity to dispute the complaint. The case will then be set for hearing, in which the judge will listen to arguments for and against the eviction.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.
(c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over the landlord's right to first rent other vacant units.
While an eviction is begun by filing a unlawful detainer form that is brief and simple, an ejectment action is begun by filing a drafted complaint in Circuit Court. In an eviction action the Defendant has 7 days to respond after they are served with the complaint.
Code § 35-9A-204 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety.
(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.
Noncompliance with rental agreement; failure to pay rent. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured.
