If you have started researching evictions in Alabama, you have probably seen the phrase "unlawful detainer." It sounds technical, but it simply means the court case a landlord files to recover possession of a property from a tenant who will not leave.
Unlawful detainer = the eviction lawsuit
After you serve the proper notice and it expires, you file an unlawful detainer action in the district court for the county where the property is located. This is the formal lawsuit that asks the court to order the tenant out.
What you file
- A complaint, often called a Statement of Claim.
- A summons for the tenant.
- Supporting documents — your lease, payment ledger, the notice you served, and proof of service.
What happens after filing
The court serves the tenant, who has a limited window to respond. If they do not respond, you can seek a default judgment. If they contest, the court holds a hearing. Win or default, and the court enters a judgment for possession — followed by a writ of possession if the tenant still will not leave.
Why getting the filing right matters
Unlawful detainer cases turn on details: the right notice, proper service, and a complete, accurate complaint. Errors are the most common reason cases are delayed or dismissed.
Frequently asked questions
Is unlawful detainer the same as eviction in Alabama?
Effectively yes — unlawful detainer is the legal name for the court action used to evict a tenant in Alabama.
Where do I file an unlawful detainer in Alabama?
In the district court for the county where the rental property is located.
What documents do I need for an unlawful detainer?
Typically a complaint/Statement of Claim and summons, plus your lease, payment ledger, the served notice, and proof of service.
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