Alabama Eviction Notice Overview
Alabama's residential eviction process is governed by the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), codified at Alabama Code Title 35, Chapter 9A. The state requires landlords to follow specific notice periods that vary depending on the reason for eviction. For non-payment of rent, which is the most common ground, the statutory minimum is 7 days, not 5 days. Alabama does not have a 5-day notice provision in its landlord-tenant code.
Understanding this distinction is critical because serving an incorrect notice period is one of the most frequent grounds for dismissal in Alabama district courts. The AURLTA applies statewide and covers most residential rental agreements, though certain types of housing (such as owner-occupied properties with fewer than three units) may fall under different rules. Eviction actions in Alabama are filed as "unlawful detainer" cases under Ala. Code 6-6-310.
7 Days
Non-payment notice
$46-$60
Court filing fee
District
Court type
4-8 Wks
Total process
Why Alabama Uses 7 Days, Not 5
Important: Alabama Does Not Have a 5-Day Notice
A 5-day eviction notice is not valid in Alabama for any standard residential eviction scenario. Under Ala. Code 35-9A-421, the minimum for non-payment of rent is 7 days. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 7-day notice period to avoid delays and additional costs.
Alabama's 7-day notice requirement applies specifically to non-payment of rent under the AURLTA. The notice must clearly inform the tenant that rent is overdue, state the amount owed, and give exactly 7 calendar days to pay in full or surrender possession. Some states like Arizona, Illinois, and Delaware do use 5-day notice periods, which is why landlords sometimes mistakenly apply that timeline in Alabama.
For other types of lease violations (unauthorized pets, property damage, noise complaints, etc.), Alabama requires a 14-day notice under Ala. Code 35-9A-421(a). This notice must specify the violation and give the tenant at least 7 days to cure it. If the tenant fails to cure within the cure period, the lease terminates at the end of 14 days. Month-to-month tenancies require a separate 30-day termination notice under Ala. Code 35-9A-441.
Alabama Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 7 days | Ala. Code 35-9A-421(b) |
| Lease Violation (Curable) | 14 days (7 to cure) | Ala. Code 35-9A-421(a) |
| Month-to-Month Termination | 30 days | Ala. Code 35-9A-441 |
| Criminal Activity / Drug Use | 7 days (no cure) | Ala. Code 35-9A-421(a) |
Alabama Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Alabama district court, your eviction notice must contain all elements required by the AURLTA. Missing even one required element gives the tenant grounds to challenge the notice and potentially have the case dismissed.
Required Notice Contents
- Tenant Identification: Full legal names of all adult tenants listed on the lease agreement or occupying the premises
- Property Address: Complete street address including unit or apartment number, city, and Alabama county
- Amount Owed: For non-payment cases, an itemized statement of rent due, late fees (if allowed by lease), and any other charges
- Cure Period: A clear statement that the tenant has 7 days to pay or vacate (for non-payment) or the applicable period for other violations
- Consequences: Statement that failure to pay or vacate within the notice period will result in the landlord filing an eviction lawsuit
- Landlord Signature: Signature and printed name of the landlord or authorized property manager with contact information
- Date: The date the notice is served, which starts the 7-day clock under Alabama law
How to Serve an Eviction Notice in Alabama
Proper service of the eviction notice is essential under Alabama law. The AURLTA allows several methods of delivery, but personal hand-delivery is the strongest option because it eliminates disputes about whether the tenant actually received the notice. Alabama district court judges regularly dismiss cases where the landlord cannot prove proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Alabama courts trust most.
Substituted Service
If the tenant is unavailable, leave the notice with a competent adult (age 18+) residing at the property. Record the name of the person who received the notice.
Post and Mail
Post the notice on the main entry door of the dwelling unit and simultaneously mail a copy via first-class mail to the tenant's address. This method should only be used when other methods fail.
Certified Mail
Send the notice by certified mail with return receipt requested. The return receipt serves as proof of delivery. Keep the receipt with your records.
Wait and File
After the 7-day period expires without payment or vacancy, file an unlawful detainer complaint at the Alabama district court in the county where the property is located.
Alabama Eviction Timeline
The eviction process in Alabama moves through several distinct stages. The timeline below reflects a typical uncontested non-payment eviction in Alabama district court. Contested cases, particularly those involving habitability defenses or retaliation claims under Ala. Code 35-9A-501, may take substantially longer.
After the 7-day notice expires, the landlord files an unlawful detainer complaint. The court clerk issues a summons, which must be served on the tenant at least 6 days before the hearing date. At the hearing, the judge reviews the notice, service records, and lease agreement. If the landlord prevails, the court enters a judgment for possession.
The tenant then has 7 days to file an appeal to Alabama Circuit Court. If no appeal is filed, the landlord requests a writ of restitution, and the county sheriff schedules the physical removal. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Alabama under Ala. Code 35-9A-407 and can expose the landlord to significant liability, including actual damages and up to three months' rent.
Alabama Eviction Filing Fees & Costs
Eviction costs in Alabama vary by county. Below are the typical fees landlords should expect when filing an unlawful detainer action. The prevailing party may recover court costs, and attorney fees are recoverable if the lease includes a fee-shifting provision.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $46 - $60 |
| Service of Process (Sheriff) | $25 - $50 |
| Writ of Restitution | $25 - $75 |
| Attorney Fees (Uncontested) | $400 - $1,500 |
| Appeal Filing Fee (Circuit Court) | $200 - $300 |
Sample Alabama 7-Day Eviction Notice for Non-Payment
Below is a preview of the correct Alabama eviction notice for non-payment of rent. Note the 7-day period, which is mandated by Ala. Code 35-9A-421. Your customized document will include all required elements for Alabama district court proceedings.
NOTICE TO PAY RENT OR QUIT
STATE OF ALABAMA
Pursuant to Ala. Code 35-9A-421(b)
TO TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Alabama Address]
County: [Alabama County]
NOTICE:
You are hereby notified that you are in default of your rental agreement for failure to pay rent in the amount of $[Amount]. You have SEVEN (7) DAYS from the date of service of this notice to pay the full amount due or surrender possession of the premises.
ALABAMA COMPLIANCE NOTE
This notice complies with the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code Title 35, Chapter 9A). The 7-day notice period is the statutory minimum required under Alabama law for non-payment of rent.