Appealing an Eviction
Ala. Code § 35-9A-461 — seven days to appeal to circuit court, a trial within 60 days, and the rent paid into court
Either side may appeal an eviction judgment from district court to circuit court within seven days after it is entered. A timely post-judgment motion stops that clock until the motion is decided.
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The clerk sets the appeal as a preferred case, for trial within 60 days of the filing of the appeal.
The rent keeps the tenant in. A tenant's appeal does not stop a writ of possession unless the tenant pays the circuit clerk all rent due under the lease since the case was filed, and keeps paying the rent as it comes due. A missed payment lets the court issue the writ on motion.
Sources for this section (2)
- Ala. Code § 35-9A-461 — Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief
- Ala. Code § 6-6-350 — To Circuit Court from District Court
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.