Evictions

Fast, Efficient Evictions

Every day a delinquent tenant is in your property costs you money. Alabama evictions can take months, but we have gotten court orders for possession is a fast as 20 days from filing. We adjust for each specific situation and take advantage of the most effective and efficient techniques to get your property back in your possession, so you can get back to making money.

Eviction Process

Breach & Notice of Breach

Eviction is a remedy for a breach of the rental contract and like any contract in Alabama, the breaching party must be given notice. The landlord or her agent must provide the tenant notice of the breach. This written notice must meet Alabama legal requirements such including they have a right to cure the breach and a timeline of when that must happen.

While the notice may be presented personally or even posted on the door, proof that it was also mailed USPS First Class, (not certified) is required.

File Eviction Less Than 7 Days After Notice

An “Unlawful Detainer” Complaint must be filed in the appropriate court and to file this your attorney will require:

A Copy of the Signed Lease
Confirmation of the property address including the county
The grounds for eviction referring to the section of lease violated
A copy of the 7-day notice and an attestation of when it was served
A ledger or statement of debt to include the last payment and current amount owed to show what fees were charged

Defendant has 14 Days to Answer Complaint

If the Defendant Answers and contests the complaint the following are valid legal defenses:

The landlord did “self help” eviction
The tenant cured the breach
The landlord discriminated
The landlord retaliated
There was no provable breach
The landlord failed to maintain the rental unit
The notice or complaint contained even the smallest of errors

Hearing for Possession

Either party will be granted a 15-day continuance if requested. At the hearing the Plaintiff should provide the Court with a proposed order for a bifurcated judgment for possession only and request a continuance on the money damages hearing until after the Sheriff sets out the breaching tenants.

The attorney will enter into evidence and the Landlord/Owner will attest to the truth of the following:

A Copy of the Signed Lease
The grounds for eviction
A copy of the 7-day notice and attestation of when it was served
A ledger or statement of debt to include the last payment and current amount owed

Judges may rule in Court or may rule days later. If the judge rules there was a breach that has not been cured they will issue an order for possession through ALACOURT.

Writ of Possession

The Court will NOT automatically issue a writ of possession. The Plaintiff’s attorney must request a Writ of possession (not execution) from the court clerk and pay the county a fee for the writ. Once the attorney has the writ, they provide it to the County Sheriff along with the landlord/owner’s local contact information. The attorney is not involved in the set out and will not know it has happened until the landlord tells them.

Set out by County Sheriff (1-6 months)

Once the attorney confirms the Writ of Possession has been delivered to the appropriate section in the Sheriff’s Department the attorney is not involved until after the set out.

The Sheriff’s deputy coordinates directly with the owner/landlord to schedule the set out. Some Counties do not set out anyone from Thanksgiving to Easter. There is nothing the attorney can do to speed up the set out.

Some Counties charge for the labor to set out the tenant’s personal property. Some Counties require the landlord/Owner to provide labor to perform this function. The Sheriff’s department is there to keep the peace while the personal property is being set out.

Again, the attorney is not involved in organizing or coordinating the set out.

Final Hearing on Damages

After the Sheriff conducts the set out the owner can ascertain the physical condition of the property and will know the last date for rent. Once the landlord/owner has this information they should request the attorney move for a final hearing for money damages. Again, the attorney should provide a draft order for damages to the Court after the hearing. It is important to apply the deposit to damages and not to rent unless the lease specifically allows such. The Landlord must still provide an accounting of the deposit to the tenant or risk a penalty. The Court should issue a money judgment which can be certified by the court clerk and recorded in probate records.

Collections/Garnishment

Once the money judgment has been recorded the Plaintiff should wait 45 days, then they can pursue collections and garnishment. Collections is a different legal action and should be considered separate from the eviction. There are attorneys who specialize in collections, and some eviction attorneys will do collections for their existing clients. Collections may cost 50% of the amount recovered.

Estimated Cost: $1300

Notice of Breach Service ~$25
Initial Complaint Filing Fee ~$256+ (more for multiple parties)
Summons Service ~$100
Writ of Possession Court Fee ~$25
Writ of Possession Service ~$25
Court Fees for motions ~$157.50
Default Judgment (Optional) ~$50

Plus legal fees.

Can a landlord evict you immediately in Alabama?

Landlords must give a seven-day notice before filing eviction and must inform tenants they have a right to cure any breach. Eviction is a remedy for a breach of the rental contract, so like any contract in Alabama, the breaching party must be given notice.
How late does rent have to be to start an eviction?

There is no mention of grace periods in Alabama eviction law. After 1 day, rent is late and landlords can charge reasonable late fees pursuant to the lease agreement. AL Code 35 Chapter 9.
How do I evict without a lease?

A landlord can evict a tenant even if the lease was oral or if the paper is not available. The landlord will need to sign affidavits to attest to the fact of a lease and the breach. Your attorney will charge you to draft and execute these extra documents.
My kids need to go! How do I evict them?

If the unwanted person paid rent or did other valuable services such as taking out the trash around your home in exchange for living there, you must follow Alabama’s eviction process outlined in Alabama’s URLTA. AL Code § 35-9A (2022)
Must I have a reason to evict my tennant?

YES! You must have a reason such as the tenant breached their lease. In Alabama, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, failing to keep the premises safe, unauthorized occupants or pets, property damage, disturbing the peace, refusing to allow the landlord access to the rental unit, and committing illegal activity. You can evict without a breach if the lease has run its course and you do not want to renew. In a residential lease, after the period of tenancy contracted for has been completed, the lease converts to a “hold-over monthly lease.” In that case you simply give a 30-day notice the lease is not being renewed. If the tenant fails to move at that time, you may begin the eviction process.
How long does a tennat have to file an answer?

Alabama gives a tenant seven days to answer an eviction. In addition to receiving notice from a person, tenants should also get a copy in the mail. The 7 days will start upon receipt of the summons and complaint. However, judges are reluctant to remove a person from their home based on a default, so do not expect the court to immediately set a hearing at 7 days.
Can I just set the tennat's stuff outside or turn off their power?

No. No. No.
What if my tennant breaches and cures and then breaches again?

No breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. See https://law.justia.com/codes/alabama/2022/title-35/chapter-9a/article-4/division-2/section-35-9a-421/

Get in Touch

201 20th St. South, Irondale, AL 35210

(205) 451-4196

STANLEY & ASSOCIATES, LLC