Being Evicted
Ala. Code § 35-9A-421 — seven business days to pay the rent, then a court case and a notice served at least six days ahead
When rent is unpaid, the landlord may give the tenant a written notice stating the rent and late fees owed and that the lease ends on a date at least seven business days after the tenant receives it. If the tenant does not pay within those days, the lease ends.
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- For another material breach, the notice gives the same seven business days to fix it, and the lease goes on if the tenant does.
- A tenant can cure a breach no more than two times in any 12-month period without the landlord's written consent.
- Illegal drugs in the unit, illegal use of a firearm, an assault on a tenant or guest, or repeating a cured breach within six months can end the lease on a seven-day notice with no right to cure.
Only a court can then order the tenant out. The court's notice is served on the tenant at least six days before the return day, by hand, by leaving it with a responsible adult living there, or by posting it on the door and mailing a copy the same day or the next business day.
In the eviction case, a tenant still in the unit may counterclaim for anything the lease or the law lets the tenant recover, and pays the rent into court as it comes due while the court sorts out what each side owes.
After a judgment. A judgment for the landlord leads to a writ of possession on the landlord's application, and the automatic stay on the writ lasts seven days.
Sources for this section (4)
- Ala. Code § 35-9A-421 — Noncompliance with Rental Agreement; Failure to Pay Rent
- Ala. Code § 35-9A-461 — Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief
- Ala. Code § 6-6-332 — Process - Form of Notice; Service and Return Thereof
- Ala. Code § 35-9A-405 — Counterclaims for Action for Possession or Rent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.