If you’re a small landlord in Alabama—owning just a handful of rentals—every missed rent check or legal delay hits hard. Eviction can be a necessary business move, but only if you do it by the book. Alabama’s eviction laws are strict, and one small mistake can send you back to square one.
Here are the most common slip-ups made by landlords trying to handle evictions themselves:
1. Using Online or Out-of-State Forms
Generic eviction forms from the internet—or worse, from another state—won’t hold up in Alabama courts. If your property is owned by an LLC or company, the law even requires that an attorney file the eviction for you. Using the wrong forms can lead to an automatic dismissal.
2. Skipping or Messing Up the Notice
Alabama law requires written notice before you can file. For nonpayment or other breaches, that’s a 7-business-day notice, with a clear “right to cure” (chance to fix the problem). If your notice is missing one key word—like “business days”—the judge can throw the case out. Even holdover tenants whose leases have expired must receive a written notice and a chance to cure by voluntarily moving out.
3. Filing Too Early
Don’t rush to court before the notice period expires. Filing even one day early—on the sixth day of a seven-business-day notice—means your case can be dismissed. Courts have different ways of counting time than most people. It can be tricky.
4. Lawsuit papers served incorrectly
Eviction lawsuit papers can be served on the tenant in a very specific way. Do it right and speed things up. Do it wrong, and it can take months, or your case might even be kicked out of court.
5. Trying a “Self-Help” Eviction
Changing locks, turning off the air, or removing a tenant’s belongings without a court order is illegal in Alabama. It can result in damages, attorney’s fees, and even free rent for the tenant.
6. Lacking Paperwork
Keep everything: the lease, payment records, and all notices. You’ll need proof that you followed the law and that the tenant breached the agreement.
7. Retaliating After a Complaint
If a tenant complains to code enforcement or asserts their rights, don’t rush to evict. Courts can see that as retaliation, and you’ll lose.
Bottom Line
Evictions in Alabama are all about “Notice, Notice, Due Process.” The rules aren’t complicated—but they’re unforgiving. Following each step exactly can save you weeks of frustration and hundreds (or thousands) in lost rent.
Author Greg Stanley is a licensed attorney with offices in Birmingham, Alabama serving landlords state-wide. He entered the practice of law after a 24-year career with the Air Force. He attended the Birmingham School of Law, and also taught there for many years, because of its focus on real world solutions for real world people, rather than the abstract arguments about legal theory that dominate other law schools.
📧 Gregory@Stanley-Law.com | 🌐 www.Alabama-Evictions.com
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