How Many Notices Do You Have to Give Before You Can Evict in Alabama?
- A "notice to pay" in Alabama is used in the event that a tenant does not pay his rent. This notice is delivered before the landlord files an eviction. This notice delineates the number of days that the tenant has to pay the landlord the full rent amount, or to otherwise arrange some sort of payment plan with the landlord. This notice period lasts seven days.
- A "notice to remedy" applies to all situations where the tenant is not following his Alabama lease agreement, except for payment problems. If the tenant is not following his lease, such as bringing in pets that are not allowed, the landlord can send a notice to remedy. This notice gives the tenant two weeks to fix the problem or leave the apartment.
- The landlord has the option to file the eviction in Alabama court once either the seven- or 14-day notice period expires. The tenant must remain in the home for the landlord to attempt to evict him, otherwise the lease simply terminates at the end of the period. The landlord cannot give the tenant the summons directly once he has filed the eviction suit. Instead he uses a process server or sheriff for the lawsuit.
- If the court rules against the tenant at the hearing, he receives notice of the judgment and the impending physical eviction. The second notice is not given unless the tenant continues to reside in the home even after the court tells him to leave. This notice is also delivered by the sheriff, who comes back to the house to execute the eviction.