How to Write a Legally Valid Alabama Eviction Notice for Your Rental Property

If you are dealing with unpaid rent or lease violations, the first step is serving a written notice that complies with state law. Alabama requires specific timelines, like seven days for nonpayment or thirty days for month-to-month endings, to start the process correctly. You can have the peace of mind that following these rules protects your rights and keeps the eviction on track.

9-11 minutes

Is This Guide Right for Your Specific Rental Situation?

You need to end a tenancy because rent is late. Alabama law allows you to serve a notice if the tenant fails to pay by the due date.
Your tenant has broken a rule in the lease agreement. You can require them to fix the issue or leave within a set time.
You want to stop renting to a month-to-month tenant. Ending this type of arrangement requires a specific thirty-day written notice.
You are unsure which form or timeline applies to your case. This guide explains the differences between pay-or-quit notices and unconditional quit notices.

What Do You Need Before Drafting an Alabama Eviction Notice?

A copy of the signed lease or rental agreement. You must reference the specific terms the tenant agreed to when they moved in.
Proof of the violation or unpaid amount. Gather records showing exactly how much rent is owed or what rule was broken.
The correct number of days for the notice period. Ensure you calculate business days accurately, as weekends and holidays often do not count.
A plan for how you will deliver the notice. Decide if you will hand deliver it, post it on the door, or send it by certified mail.

Which Type of Alabama Eviction Notice Should You Use?

The type of notice you need depends entirely on why you are ending the tenancy. If rent is late, you generally use a seven-day pay-or-quit notice, while lease violations require a seven-day cure notice. Month-to-month endings without cause need a thirty-day termination letter instead.

Notice Type	What It Covers	Why It Matters
7-Day Notice to Pay Rent or Quit	Used when a tenant fails to pay rent by the due date.	Gives the tenant seven business days to pay the full balance or move out before you can file for eviction.
7-Day Notice to Cure or Quit	Used for material lease violations like unauthorized pets or noise complaints.	Allows the tenant seven days to fix the problem and stay, or face termination if they do not comply.
7-Day Unconditional Quit Notice	Reserved for severe issues like illegal drug activity or violent threats.	Demands the tenant leave within seven days without offering a chance to fix the issue or pay.
30-Day Termination Notice	Used to end a month-to-month tenancy without alleging any fault.	Provides the legally required thirty days' notice to terminate the rental agreement under state law.

Good to know: Alabama does not have a statutory grace period for rent unless your lease specifically says otherwise. This means you can technically serve a notice the day after rent is due if the lease requires payment on the first.

How Do You Properly Serve an Eviction Notice in Alabama?

Serving the notice correctly is just as important as writing it. If you do not follow the rules for delivery, a judge might dismiss your case later on. You basically have three main options for getting the document to your tenant.

Hand Delivery: Give the notice directly to the tenant or an adult living at the property. This is often the fastest way to ensure they receive it immediately.
Posting on the Door: Tape or pin the notice to the front door of the rental unit. You should also send a copy by mail if you choose this method to be safe.
Certified Mail: Send the notice via certified mail with a return receipt requested. This provides proof that the tenant received it, though it takes longer than hand delivery.

Watch out: When calculating the seven-day period, do not include the day you serve the notice, weekends, or legal holidays. Counting these days incorrectly could invalidate your timeline and force you to start over.

What Are the Step-by-Step Instructions for Filing an Unlawful Detainer?

If the tenant does not pay or leave after the notice period expires, you must file an unlawful detainer lawsuit. This is the formal legal process to remove a tenant, and it starts with filing specific forms at your county courthouse.

Wait for the notice period to end: Ensure the full seven or thirty days have passed without compliance from the tenant. Filing too early will get your case thrown out.
Complete the Statement of Claim: Fill out Form C-59, which is the official complaint for eviction in Alabama. You will need to attach copies of your lease and the eviction notice you served.
File with the court clerk: Take your completed forms to the district court clerk in the county where the property is located. You will need to pay a filing fee at this time.
Serve the tenant with court papers: Once filed, the sheriff or a process server must deliver the lawsuit papers to the tenant. They then have seven calendar days to file an answer.

Rest assured that keeping detailed records of every step makes this process much smoother. If you keep copies of everything, you will be ready if the tenant decides to fight the eviction in court.

If You Need a Legally Compliant Form, Can Documodo Help?

If you want to ensure your notice meets all state requirements without stress, Documodo can help you generate the correct forms quickly. Our templates are designed to include the necessary language so you do not have to worry about missing a critical detail.

If you need a reliable way to create these documents, we have tools that simplify the drafting process for you.

Customize This Template

What Happens After the Tenant Receives the Eviction Notice?

Once you have served the notice, several different outcomes are possible depending on how your tenant reacts. If they pay the rent or fix the violation within the allowed time, the lease continues and the eviction process stops immediately. You can have the peace of mind that resolving the issue early saves everyone time and legal fees.

Sometimes the tenant might choose to move out voluntarily before the deadline passes. This is often the best result since it avoids a court battle entirely. Just make sure to inspect the property and handle the security deposit according to state rules once they leave.

If the tenant ignores the notice completely, you will need to proceed with filing the unlawful detainer lawsuit we discussed earlier. Do not worry if this happens, as the court system is designed to handle these disputes fairly. Keep in mind that you cannot change the locks or shut off utilities yourself while waiting for them to leave.

What Common Mistakes Could Invalidate Your Alabama Eviction?

Making small errors in the paperwork or process can cause a judge to dismiss your case, which means you would have to start all over again. We want you to avoid these pitfalls so your eviction proceeds smoothly and legally.

Accepting rent after serving the notice. If you take partial or full payment after giving a notice to quit, a court may view this as canceling the eviction and reinstating the tenancy.
Miscalculating the notice period days. Counting weekends or holidays in your seven-day window is a frequent error that renders the notice invalid under Alabama law.
Failing to include specific statutory language. Your notice must clearly state the amount owed or the specific violation, or the tenant can argue they were not properly informed.
Trying to perform a self-help eviction. Changing locks, removing doors, or shutting off water without a court order is illegal and can lead to significant fines against you.
Not attaching copies of the lease to the court complaint. When you file the Statement of Claim, forgetting to include the lease and proof of notice service can delay your hearing.

Watch out: Never attempt to physically remove a tenant or their belongings yourself. Only a sheriff with a Writ of Possession has the legal authority to force a tenant out of the property.

Frequently Asked Questions About Alabama Eviction Laws

Can I evict a tenant in Alabama without a written lease?

Yes, you can still evict a tenant even if there is no written lease agreement. In this situation, the tenancy is usually considered month-to-month based on how rent is paid. You would typically need to provide a thirty-day written notice to terminate the tenancy before filing for eviction if they do not leave.

How long does the entire eviction process take in Alabama?

The timeline varies, but it generally takes between three to six weeks from the initial notice to the final removal. This includes the seven-day notice period, the time for the court to hear the case, and the period for the tenant to appeal or vacate after a judgment.

What happens if the tenant files an answer to the eviction lawsuit?

If the tenant files an answer within seven calendar days, the court will schedule a hearing where both sides can present evidence. You will need to attend this hearing to prove your case, and the judge will decide whether to grant possession of the property to you.

Can I charge late fees while the eviction notice is active?

You can only charge late fees if your written lease agreement specifically allows for them. If the lease does not mention late fees, you generally cannot add them to the amount owed in the eviction notice, as this could confuse the total balance due.

Do I have to return the security deposit if I evict the tenant?

Yes, you must still follow the security deposit laws even if you evict the tenant. You have 35 days after the tenant moves out to return the deposit or provide an itemized list of deductions for damages and unpaid rent.

Alabama Eviction Notice