Alabama Non-Payment of Rent Notice Overview
Alabama's eviction process for non-payment of rent is governed by the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), codified at Ala. Code § 35-9A-421. Under the AURLTA, landlords must provide tenants with a 7-day written notice demanding payment of overdue rent before filing an unlawful detainer action. This notice is the mandatory first step in the eviction process and cannot be bypassed regardless of how far behind the tenant is on rent.
It is critical to understand that the AURLTA does not apply in every Alabama county. The Act must be adopted at the county or municipal level. In counties that have not adopted the AURLTA, older Alabama common law and statutory provisions apply, which generally require a 14-day notice to quit. Major metropolitan areas including Jefferson County (Birmingham), Madison County (Huntsville), and Mobile County have adopted the AURLTA. Landlords should verify their local jurisdiction's status before serving any notice.
7 Days
Notice period (AURLTA)
$268
Avg. filing fee
Yes
Right to cure
2-4 wks
Court process
Alabama's 7-Day Notice Requirement
Under AURLTA § 35-9A-421, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 7 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply. The 7-day period is counted in calendar days, starting the day after service of the notice.
If the tenant pays all rent owed within the 7-day period, the tenancy continues and the landlord cannot proceed with eviction based on that particular non-payment. However, if the tenant fails to pay or vacate within the 7-day window, the landlord may file an unlawful detainer action in the District Court of the county where the property is located.
Non-AURLTA Counties: Different Rules Apply
In Alabama counties that have not adopted the AURLTA, landlords generally must provide a 14-day written notice to quit before filing for eviction. The notice and service requirements may differ from AURLTA provisions. Rural counties in Alabama are more likely not to have adopted the Act. Before serving notice, check with the clerk of court in your county or consult a local landlord-tenant attorney to confirm which law applies to your property.
Alabama AURLTA Legal Requirements
For an Alabama non-payment notice to be legally valid and enforceable, it must contain specific information required under the AURLTA and Alabama case law. A defective notice is the most common reason Alabama District Courts dismiss eviction cases.
Required Notice Elements
- Exact Rent Amount: The notice must state the precise dollar amount of rent owed, including any past-due amounts if the lease permits cumulative notices
- 7-Day Cure Period: The notice must clearly state the tenant has 7 days to pay the full amount or vacate the premises
- Property Address: The full street address of the rental property, including unit number if applicable
- Tenant Names: All tenants named on the lease must be identified and served with the notice
- Termination Warning: The notice must state that the rental agreement will terminate if rent is not paid within the 7-day period
- Date of Notice: The notice must be dated so the 7-day period can be accurately calculated by the court
- Landlord Information: The landlord's name, address, and contact information must be included per AURLTA requirements
Alabama Grace Period & Late Fee Rules
Alabama does not have a statutory grace period for rent payments. Rent is due on the date specified in the lease, and if no date is specified, it is typically due on the first of the month. Landlords may include a contractual grace period in the lease (commonly 3-5 days), but this is voluntary and not required by law.
Late fees in Alabama are not capped by statute but must be reasonable. Alabama courts apply the common-law standard that a late fee must represent a genuine pre-estimate of the landlord's damages from late payment and cannot function as a penalty. Fees in the range of 5-10% of monthly rent are generally considered acceptable. The lease must authorize the late fee and specify the amount or formula. A landlord cannot charge a late fee that is not expressly provided for in the lease.
Alabama Late Fee Quick Reference
Statutory Grace Period
None required by law. Contractual only.
Late Fee Cap
No statutory cap. Must be reasonable (5-10% typical).
Partial Payment
Acceptance may waive right to evict. Use caution.
Rent-Into-Court
Not commonly available in Alabama District Courts.
How to Serve a Non-Payment Notice in Alabama
The AURLTA specifies acceptable methods for delivering the 7-day notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Alabama courts will require proof of proper service before proceeding with an unlawful detainer action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and the strongest for court purposes. Bring a witness or use a process server to establish proof of service.
Delivery to a Competent Member of Household
If the tenant is not available, the notice may be left with a person of suitable age and discretion residing at the premises. Document the name of the person who accepted service.
Post and Mail
If personal service fails, post the notice prominently on the main entrance door of the unit and mail a copy via first-class mail to the tenant's address. Both steps must be completed.
Certified Mail
Send the notice by certified mail with return receipt requested. The 7-day period begins when the tenant signs for the letter. Keep the return receipt as proof of delivery.
Document Service and Wait
Keep detailed records of when, how, and by whom the notice was served. Wait the full 7 calendar days. If the tenant does not pay or vacate, file an unlawful detainer complaint in Alabama District Court.
Alabama Non-Payment Eviction Timeline
The Alabama eviction process for non-payment of rent follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession of their property.
| Step | Timeframe |
|---|---|
| Serve 7-Day Notice | Day 1 |
| Notice period expires | Day 8 |
| File unlawful detainer in District Court | Day 8-10 |
| Court hearing scheduled | Day 15-24 (7-14 days after filing) |
| Judgment entered (if landlord wins) | Same day as hearing |
| Writ of restitution issued | 7 days after judgment |
| Sheriff executes writ | Day 30-40 (varies by county) |
Total estimated time from notice to possession: 3-6 weeks for uncontested cases. Contested cases or appeals to Alabama Circuit Court can extend the timeline to 2-4 months.
Alabama Eviction Filing Fees & Costs
Filing fees for unlawful detainer actions in Alabama vary by county District Court. Below are typical costs landlords should expect. Some Alabama counties also have local surcharges or technology fees.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $236 - $301 |
| Service of Process (Sheriff) | $25 - $50 per defendant |
| Writ of Restitution | $50 - $100 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal to Circuit Court (if needed) | $200 - $350 |
Sample Alabama 7-Day Non-Payment Notice
Below is a preview of our Alabama-specific non-payment notice. The final document includes all statutory language required under the AURLTA and is formatted for Alabama District Court proceedings.
SEVEN (7) DAY NOTICE TO PAY RENT OR QUIT
STATE OF ALABAMA
Pursuant to Ala. Code § 35-9A-421 (AURLTA)
TO TENANT(S):
Name(s): [All Tenants Named on Lease]
Property: [Full Alabama Property Address]
NOTICE OF NON-PAYMENT:
You are hereby notified that you are in default of your rental agreement for failure to pay rent. The total amount due is $[Amount]for the period of [Month/Year].
ALABAMA STATUTORY NOTICE:
You have SEVEN (7) DAYS from the date of delivery of this notice to pay the full amount of rent due or vacate the premises. If you fail to pay or vacate within 7 days, the landlord will terminate your rental agreement and file an unlawful detainer action in Alabama District Court to recover possession of the premises, unpaid rent, court costs, and attorney fees as permitted by law.