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67
Alabama Counties
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Understanding the Alabama Eviction Process
Alabama law requires landlords to follow a specific legal process before a tenant can be removed from a property. Here is what to expect from start to finish.
Serve a Written Notice to Pay or Quit
Required First StepBefore filing in court, you must give the tenant written notice. For non-payment of rent, Alabama law requires a 7-Day Notice to Pay or Quit (§35-9A-421). For lease violations, a 14-Day Notice to Cure or Quit is required. For holdover tenants on month-to-month leases, a 30-Day Notice is required. This notice must be delivered in person, posted on the door, or sent by certified mail.
File an Eviction Complaint (Unlawful Detainer)
File at Your County CourtIf the tenant does not comply within the notice period, you may file a Complaint for Unlawful Detainer at the District Court in the county where the property is located. Alabama has 67 counties, each with its own courthouse. You will pay a filing fee at this time. Court costs vary by county.
Summons is Issued and Served on Tenant
Personal Service RequiredThe court will issue a Summons notifying the tenant of the hearing date. The Summons and Complaint must be printed and personally served on each named defendant — including tenants and any occupants named in the filing. Service may be done by a process server, the Sheriff's office, or another authorized individual.
Court Hearing
Bring All DocumentsBoth parties appear before the judge. The landlord presents evidence of non-payment or lease violation and proof that proper notice was served. The tenant has the right to respond. If the tenant does not appear, you may request a Default Judgment. The judge will rule on possession and any monetary damages owed.
Default Judgment (If Tenant Does Not Appear)
When Tenant No-ShowsIf the tenant fails to appear or respond to the Summons, you may file an Application for Default Judgment. The court can enter judgment in your favor for possession of the property and any unpaid rent, late fees, and court costs.
Writ of Possession
Final Removal StepAfter judgment is entered in your favor, you may request a Writ of Possession. This is a court order directing the Sheriff to remove the tenant and their belongings from the property. The Sheriff must give the tenant at least 7 days' notice before executing the Writ.
Notice to Pay or Quit — Required First Document
Alabama law requires that a Notice to Pay or Quit be served on the tenant before any eviction complaint can be filed in court. This document is included in your filing package and must be served at least 7 days before filing for non-payment cases. Without this notice, the court may dismiss your case. Our system generates this document automatically as part of your filing.
Where to File — All 67 Alabama Counties
You must file your Eviction Complaint at the District Court in the county where the rental property is located. Alabama has 67 counties, each with its own District Court. Our system automatically includes the correct county courthouse information in your documents based on the property address you enter. Filing fees and procedures may vary slightly by county — contact your local courthouse for current fee schedules.
Important: Documents Must Be Printed and Served
The Summons and Complaint for Unlawful Detainer must be printed and physically served on the defendant (tenant) or all named occupants. Electronic delivery is not accepted for service of process in Alabama eviction cases. Service must be completed by a person authorized under Alabama law — typically a process server, the county Sheriff, or another qualified adult who is not a party to the case.
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Alabama-Specific Compliance
7-Day Notice
Non-payment of rent per Alabama Code §35-9A-421
14-Day Notice
Material lease violations with cure period
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Holdover and month-to-month termination
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Start New Eviction →⚠️ Disclaimer: This service provides document preparation assistance only. It is not a law firm and does not provide legal advice. For complex situations, consult with a licensed Alabama attorney.
