Alabama eviction laws
Notices, deadlines, court and tenant rights in Alabama — in plain English.
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Overview
- The court case
- Unlawful detainer (eviction)
- Court
- District Court of the county where the property is located
- Main laws
- Alabama Uniform Residential Landlord and Tenant Act, Ala. Code 35-9A-101 et seq. (notices: 35-9A-421, 35-9A-441; eviction action: 35-9A-461); unlawful detainer, Ala. Code 6-6-310 et seq.
Just-cause protection
No statewide law
Alabama has no statewide just-cause eviction law. A landlord may end a month-to-month or week-to-week tenancy without a reason by giving proper written notice, and a fixed-term lease simply ends on its end date. Evictions may not be retaliatory or discriminatory. (Ala. Code 35-9A-441, 35-9A-501)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Seven-Day Notice of Termination for Nonpayment of Rent
Before filing, the landlord must give a written notice stating the rent and late fees owed and that the lease will end on a date at least 7 business days after the tenant receives the notice unless the tenant pays in full.
Seven-Day Notice of Termination for Nonpayment of Rent
- Notice period
- 7 business days
- Counting
- At least 7 business days (weekends and legal holidays not counted) starting the day after the tenant receives the notice. The termination date written in the notice must be at least 7 business days after receipt.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Names of tenant(s) and address of the rental unit
- The exact amount of rent owed and any late fees owed
- Statement that the rental agreement will terminate on a stated date not less than 7 business days after the tenant receives the notice unless the amount owed is paid
- Date of the notice and landlord or agent signature
- How to serve
- Hand it to the tenant in person; Post it on the door and mail a copy. Hand the notice to the tenant. If that is not possible, post it on the door of the unit and mail a copy by first-class mail the same day or by the close of the next business day. Keep proof of how and when it was delivered.
- Law
- Ala. Code 35-9A-421(b)
- If the landlord accepts full or partial rent knowing of the default, the landlord may waive the right to evict for that default unless the parties agree otherwise in writing.
- Double-check with the court: The statute counts the period as 7 business days after receipt; some older guides say 7 calendar days. Use business days to be safe.
- Double-check with the court: The posting-and-mail method is described in Ala. Code 35-9A-461 for notices; hand delivery is the safest method.
The tenant broke the lease or rules — Seven-Day Notice to Remedy Breach or Terminate
For a material lease violation, the landlord gives a written notice describing the violation and saying the lease will end at least 7 business days after receipt unless the tenant fixes it. Some violations cannot be fixed (see the illegal activity reason), and a tenant cannot cure more than twice in 12 months without the landlord's consent.
Seven-Day Notice to Remedy Breach or Terminate
- Notice period
- 7 business days
- Counting
- At least 7 business days after the tenant receives the notice (weekends and legal holidays not counted).
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Specific acts or omissions that make up the violation
- Statement that the rental agreement will terminate on a date not less than 7 business days after receipt of the notice if the breach is not remedied within that time
- Address of the unit, date, landlord signature
- How to serve
- Hand it to the tenant in person; Post it on the door and mail a copy. Hand delivery is preferred; otherwise post on the door and mail by first-class mail the same or next business day.
- Law
- Ala. Code 35-9A-421(a)
- A breach that repeats substantially the same conduct as one already noticed within the past 6 months is not curable; the landlord may give a 7-day termination notice without a chance to fix.
- Intentional misrepresentation of a material fact in the rental application is not curable.
The lease ended and the tenant stayed — Notice to Vacate (end of lease term)
A fixed-term lease ends on its end date. If the tenant stays after the lease ends and the landlord has not agreed to a new term or accepted rent that creates a month-to-month tenancy, the landlord may give written notice to vacate and then file. If rent was accepted after the end date, treat it as a periodic tenancy and use the no-fault termination notice.
Notice to Vacate (end of lease term)
- Notice period
- No fixed period
- Counting
- No fixed statutory period after a fixed term expires. A written demand to vacate is recommended before filing.
- Tenant can fix it?
- No
- Must include
- Tenant names and unit address
- Date the lease ended
- Demand that the tenant deliver possession by a stated date
- How to serve
- Hand it to the tenant in person; Post it on the door and mail a copy. Hand delivery preferred; otherwise post and mail by first-class mail.
- Law
- Ala. Code 35-9A-441(c); Ala. Code 6-6-310
- Double-check with the court: Check the lease for any renewal or notice-of-non-renewal clause; it may require notice before the end date.
- If the landlord accepts rent after the end date, a month-to-month tenancy may be created, which then requires a 30-day termination notice.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Periodic Tenancy
A week-to-week tenancy may be ended with at least 7 days' written notice, and a month-to-month tenancy with at least 30 days' written notice, before the termination date. No reason is required.
Notice of Termination of Periodic Tenancy
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- Written notice given at least 7 days (weekly) or 30 days (monthly) before the termination date stated in the notice. Do not count the day of delivery.
- Tenant can fix it?
- No
- Must include
- Tenant names and unit address
- Statement that the tenancy is terminated
- Termination date that is at least 7 days (weekly) or 30 days (monthly) after delivery
- How to serve
- Hand it to the tenant in person; Post it on the door and mail a copy. Hand delivery preferred; otherwise post and mail by first-class mail.
- Law
- Ala. Code 35-9A-441(b)
Illegal activity, violence or serious damage — Seven-Day Notice of Termination (Non-Curable Default)
Some serious violations cannot be cured: illegal drug possession, use, sale or manufacture in the unit or common areas; illegal use or possession of a firearm or weapon; criminal assault on the premises; and other acts that threaten health or safety. The landlord may give a 7-day termination notice with no chance to fix.
Seven-Day Notice of Termination (Non-Curable Default)
- Notice period
- 7 days
- Counting
- At least 7 days after the tenant receives the notice. Day of receipt not counted.
- Tenant can fix it?
- No
- Must include
- Description of the non-curable act (what happened, when, where)
- Statement that the rental agreement terminates on a date at least 7 days after receipt
- Unit address, date, landlord signature
- How to serve
- Hand it to the tenant in person; Post it on the door and mail a copy. Hand delivery preferred; otherwise post and mail by first-class mail.
- Law
- Ala. Code 35-9A-421(d)
- Double-check with the court: Subsection (d) says 'seven-day notice' without the word 'business'; using 7 business days avoids any dispute.
How a tenant responds
A tenant served with an eviction summons and complaint has 7 days to file a written answer with the District Court clerk. If no answer is filed, the landlord can get a default judgment for possession. Appeals must be filed within 7 days of judgment and rent must be paid into court to stay the eviction.
Deadline: 7 days after being served · Ala. Code 6-6-332; Ala. Code 35-9A-461
Official court forms
Landlords
- C-59 — Statement of Claim Eviction, Unlawful Detainer
Tenants
- PS-01 — Answer to Landlord's Claim (In the District Court of ...)
Sources
- Ala. Code 35-9A-421 (Justia, 2025)
- Ala. Code 35-9A-461 (FindLaw)
- Alabama Unified Judicial System eviction forms
- Alabama court summons: Notice of Forcible Entry and Detainer (7 days to answer)
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.