How to Evict a Tenant in Alabama: The Unlawful Detainer Process Step by Step

Alabama is considered landlord-friendly, and that reputation is largely deserved. But the state's eviction process is procedurally rigid in ways that trip up landlords who assume "landlord-friendly" means "fast and easy." One administrative error — the wrong notice period, the wrong counting method, a defective service — and you restart the clock from the beginning.

Here is exactly how the Unlawful Detainer process works, what each notice type requires, and the timeline from first notice to sheriff execution.

Step 1: Serve the Correct Written Notice

The notice type and counting method depend on the reason for eviction.

Non-payment of rent: Serve a written 7-Business-Day Notice to Pay or Quit. The critical word is "business." Weekends and Alabama state holidays do not count toward this seven-day period. If you serve on a Thursday and Monday is a state holiday, your notice period extends accordingly. Serving a calendar-day notice for non-payment — a common mistake — makes the notice legally defective.

Curable lease violation: Serve a 7-Calendar-Day Notice to Cure or Quit. This counts every day including weekends and holidays. The tenant is entitled to cure the violation within this period. Alabama limits a tenant to two cure opportunities per 12-month period — after a second cure for the same violation type, you can serve an unconditional quit notice.

Uncureable violation: For serious violations — illegal drug activity, weapon violations, assault on the premises — serve a 7-Calendar-Day Unconditional Quit Notice. The tenant has no option to fix the violation. Seven calendar days, then you proceed to court.

Notice must be in writing. It must be served properly — hand delivery to the tenant, hand delivery to a person of suitable age and discretion at the rental unit, or posting on the door with a mailed copy. Keep documentation of service method and date. You will need this at court.

Step 2: File the Complaint for Unlawful Detainer

If the tenant does not pay, cure, or vacate by the end of the notice period, file a Complaint for Unlawful Detainer at the local District Court. Filing fees vary by county. Bring copies of your lease, the written notice, and documented proof of service.

The court will issue a summons and set a hearing date.

Step 3: The Tenant's 7-Day Answer Window

Once the tenant is served the summons, they have exactly 7 calendar days — including weekends and holidays — to file a written answer with the court clerk contesting your possession claim. If no answer is filed within that window, you can apply immediately for a default judgment. Default judgments are common in non-payment cases where tenants have no defense.

Step 4: The Court Hearing

If the tenant files an answer, the court schedules a hearing typically within 7 to 14 days. At the hearing, you present your lease, the notice, proof of service, and any rent payment history. The tenant presents their defense. Judges in Alabama eviction courts move quickly through these cases — come prepared with organized documentation.

Step 5: The 7-Day Appeal Window

After a judgment in your favor, a mandatory 7-calendar-day appeal window automatically begins. During this period, the Writ of Possession cannot be issued. If the tenant appeals to Circuit Court within these 7 days, the physical eviction pauses. The tenant can maintain the appeal stay by continuing to pay rent into court escrow while the Circuit Court case proceeds. Appealed cases take substantially longer and typically require attorney representation.

Step 6: Writ of Possession and Sheriff Execution

If no appeal is filed within 7 days, you request the Writ of Possession from the court. The Writ is the legal order directing the county sheriff to execute a forced removal. Only the sheriff can physically remove a tenant. The timeline from request to physical execution varies by county and sheriff's office workload, but typically runs a few additional days to a week.

In total, an uncontested eviction in Alabama from first notice to physical removal generally takes 3 to 5 weeks. Contested cases can run 2 to 4 months or longer.

The Self-Help Eviction Trap

Alabama law strictly prohibits any form of self-help eviction. You cannot change the locks. You cannot shut off utilities. You cannot remove the tenant's belongings. Doing any of these things — even after a tenant stops paying and stops communicating — exposes you to liability under Alabama Code § 35-9A-407. A tenant who is locked out or has utilities disconnected without a court order can recover up to three months' rent or their actual damages, whichever is greater, plus reasonable attorney's fees. The tenant can recover this even if they owe you back rent.

What Happens to Property Left Behind

If the tenant vacates but leaves personal property behind, Alabama law requires you to store those items for a minimum of 14 calendar days before disposing of them or selling them. Document what was left, when you took possession, and your storage arrangements.

The Eviction Notice Template

Your 7-Business-Day Notice to Pay or Quit should contain: the date of the notice, the tenant's full legal name and property address, the specific amount of rent owed and the period it covers, the exact date by which rent must be paid (counting only business days), a statement that failure to pay will result in legal proceedings to recover possession, and your signature as landlord.

Get the format right the first time. Courts will dismiss defective notices and restart your timeline entirely.

For the complete Alabama landlord toolkit — including a full eviction timeline chart, notice templates for each violation type, the security deposit rules (maximum one month's rent, 35-day return window, double penalty for non-compliance), and how property tax classification changes affect your operating costs — see the Alabama Investment Property Guide.

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