By the LeaseHelper editorial team
Alabama's eviction process has hard deadlines and notice-type distinctions that can collapse an otherwise valid case — most losses come not from weak facts, but from procedural errors that hand tenants a winning defense before the hearing even starts.
This post walks through the five most common mistakes Alabama landlords make when filing for eviction, the specific statutes those mistakes implicate, and the exact notice periods and court timelines you need to stay on track. Whether you're dealing with nonpayment, a lease violation, or a holdover tenant, the rules differ — and getting them confused can cost you weeks or months of lost rent.
Mistake #1: Serving the Wrong Type of Notice for the Situation
Alabama doesn't have one-size-fits-all eviction notices. Alabama's eviction laws live in the Uniform Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-421 through 35-9A-461, which outlines notice requirements, court filings, and procedures for regaining possession of a rental property. Getting the notice type wrong is the fastest way to have a case thrown out before the judge hears a single fact.
For nonpayment, the rule is straightforward: the notice must inform the tenant that rent must be paid or the tenant must move out within seven business days, or the landlord will terminate the lease or rental agreement and file an eviction lawsuit. This is governed by Ala. Code § 35-9A-421(b). For curable lease violations — a pet in a no-pet unit, unauthorized occupants, noise — the landlord can give the tenant a seven-business-day notice to terminate if the tenant doesn't remedy the issue, except that an intentional misrepresentation of a material fact in a rental agreement or application can't be remedied or cured. This notice must inform the tenant that the tenant has seven business days to remedy the violation or move out.
The unconditional quit notice is different. In some cases, the landlord doesn't need to give the tenant an opportunity to fix a violation. In those cases, the landlord can give the tenant a seven-day notice informing the tenant that because of the tenant's behavior, the landlord is terminating the lease, and the tenant has seven days to move out. If the tenant doesn't move out, the landlord can file an eviction lawsuit. This applies to illegal activity and repeated violations.
For month-to-month tenancies without cause: Alabama landlords do not need a reason to end a month-to-month rental agreement. To terminate the tenancy, the landlord must give the tenant a 30-Day Notice to Terminate Tenancy before the next rental period begins. The notice should specify the move-out date and be delivered in writing, either by hand or by certified mail.
Mistake #2: Miscounting the Notice Period
Even when landlords serve the correct notice type, many file for eviction one or two days too early — which gives tenants a procedural defense that can restart the entire clock. The counting rules are specific.
The "clock" for an eviction notice period starts "ticking" the day after the notice gets delivered (served). For notices shorter than 11 days, weekends and legal holidays don't count. The tenant must pay all past due rent or else move out within seven (7) judicial days — not counting weekends and legal holidays — of receiving notice. That means a 7-business-day notice served on a Thursday before a three-day weekend can extend well into the following week before you can legally file.
Miscounting waiting periods occurs more frequently than you might think, and it's a significant issue. Alabama courts don't let these mistakes slide — miss a deadline, and your eviction case can get tossed out. If landlords file too early, they lose legal standing and have to wait even longer to collect rent.
Also watch the delivery method. A valid notice must include the tenant's name, address, reason, and deadline to comply. It must be delivered properly — personally, to someone at the unit, or posted and mailed. Mail delivery is considered received three days after mailing, which extends the notice period further if you use that method.
Mistake #3: Ignoring the "Repeat Violation" Rule and the Two-Cure Cap
One of the most misunderstood provisions in Alabama eviction law involves repeat violations. Many landlords give a tenant a notice to cure, the tenant fixes the problem, and the landlord assumes that's the end of it. But Alabama law tracks violations over rolling time windows — and that changes what notice you're entitled to serve next time.
If the tenant repeats a lease violation of the same or similar nature within a six-month period, the landlord can serve a 7-day notice to vacate to terminate the tenancy. If they repeat the same or similar violation within six months, you can serve a 7-day unconditional termination notice — with no second chance to fix it. Serving a "cure or vacate" notice in this situation, when you're entitled to an unconditional quit, wastes time and signals to the tenant that you don't know the statute.
There's also an annual cap. No breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. (Ala. Code § 35-9A-421(a),(d).) After a second cure in any 12-month period, a third violation — even a brand-new type — qualifies for an unconditional notice. Document every notice and cure event with dates so you can prove the history in court.
Mistake #4: Attempting a Self-Help Eviction
This one doesn't just lose a case — it creates a new lawsuit against the landlord. Self-help eviction means any action to remove a tenant or push them out without a court order: changing locks, shutting off utilities, removing appliances, or even just entering and removing belongings.
Self-help eviction is illegal in Alabama under § 35-9A-104(b). That means you can't change the locks, shut off utilities, or force tenants out without a court order. Doing so could cost you up to three months' rent in penalties, plus attorney fees (§ 35-9A-407).
The statute is direct. If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months' periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.
The only lawful path is through the courts. Landlords must file for eviction in district court, obtain a judgment, and wait for a Writ of Possession before law enforcement can remove a tenant. Self-help evictions are illegal.
Mistake #5: Not Understanding the Full Court Timeline — Including the Appeal Window
Many landlords win in court and then act too quickly, assuming they can change the locks the day after the hearing. They can't. Alabama law builds a mandatory pause into the post-judgment phase, and a tenant appeal can stretch the process significantly.
If an eviction judgment enters in favor of a landlord, a writ of possession shall issue upon application by the landlord. Notwithstanding Rule 62 of the Alabama Rules of Civil Procedure, the automatic stay on the issuance of the writ of possession or restitution shall be for a period of seven days. That means even after winning, you can't enforce the writ for at least seven days — the tenant has that window to appeal or vacate voluntarily.
Any party may appeal from an eviction judgment entered by a district court to the circuit court at any time within seven days after the entry thereof. Upon filing of an appeal by either party, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of the filing of the appeal. A contested appeal can add more than two months to your timeline.
In eviction actions, an appeal by a tenant to circuit court or to an appellate court does not prevent the issuance of a writ of restitution or possession unless the tenant pays to the clerk of the circuit court all rents properly payable under the terms of the lease since the date of the filing of the action, and continues to pay all rent that becomes due and properly payable under the terms of the lease as they become due, during the pendency of the appeal. In other words, a tenant who appeals but doesn't keep paying rent forfeits the stay — that's important leverage landlords should know about.
Alabama Eviction Timeline: Notice Type Quick-Reference
Use this table to match the eviction reason to the correct notice, statute, and minimum period before filing:
| Reason for Eviction | Notice Type | Notice Period | Key Statute | Can Tenant Cure? |
|---|---|---|---|---|
| Nonpayment of rent | Pay or Quit | 7 business days | § 35-9A-421(b) | Yes — by paying in full |
| Curable lease violation (1st or 2nd in 12 months) | Comply or Vacate | 7 business days | § 35-9A-421(a) | Yes — up to 2 times per year |
| Same/similar violation repeated within 6 months | Unconditional Quit | 7 business days | § 35-9A-421(d) | No |
| Illegal activity / firearm discharge / drug use | Unconditional Quit | 7 business days | § 35-9A-421 | No |
| End month-to-month tenancy (no cause) | Notice to Terminate | 30 calendar days | § 35-9A-441 | N/A |
| Holdover / lease expired | Notice to Vacate | 30 calendar days | § 35-9A-441 | No |
Full Alabama Eviction Timeline: From Notice to Sheriff
Here's the realistic end-to-end timeline for an uncontested nonpayment eviction in Alabama. Contested cases — or any case with an appeal — will take longer.
Most uncontested cases take between 21 to 35 days, assuming no appeals, service delays, or court backlogs. Alabama law does not state how quickly a hearing date will be scheduled, but a continuance will add 15 days, and an appeal could add another 67 days to the process.
After the physical eviction, one more rule applies to abandoned property. If the tenant leaves personal property behind in the rental property, the landlord must store it for up to 14 days. If the tenant never returns to claim the property, the landlord can dispose of it after 14 days. Alabama Code § 35-9A-423(d).
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Get started →Frequently asked questions
What happens if I accept partial rent payment during the 7-day notice period in Alabama?
Accepting any rent payment after serving a 7-Day Notice to Pay in Alabama can waive your right to proceed with that eviction. Under Ala. Code § 35-9A-421(b), if the tenant pays rent within the 7-business-day notice period, you must stop the eviction. If you accept a partial payment and allow the tenant to stay, a court may treat that as a waiver of the breach, forcing you to start the process over. To avoid this, decide before serving notice whether you'll accept anything less than full payment. If you do accept partial payment, get it in writing that you're not waiving the right to pursue the remaining balance or future eviction.
Can a tenant stop the eviction by paying after I've already filed in court?
Under Alabama law, paying rent after a landlord files an eviction complaint does not automatically stop the case — that's the landlord's decision. However, Ala. Code § 35-9A-421(b) specifies that if the tenant pays within the notice period before filing, the landlord cannot proceed. Once you're in court, tenants can raise payment as a defense, but judges typically give landlords the option to accept or reject late funds at that stage. If you do reach a settlement, make sure any repayment agreement is written into a court-approved stipulation. A verbal deal in the hallway before the hearing is difficult to enforce if the tenant defaults again.
Does Alabama require me to store a tenant's belongings after eviction, and for how long?
Yes. Under Ala. Code § 35-9A-423(d), if a tenant leaves personal property behind after eviction, the landlord must store it for up to 14 days. After that period, the landlord can discard, sell, or otherwise dispose of the items. You're not required to rent a storage unit or go to extraordinary lengths, but you cannot immediately dump or sell the property the day the sheriff completes the lockout. Keep a record of what was left behind and when the 14-day period expired to protect yourself from any later claim that property was disposed of too soon.
What's the difference between a 7-day notice and a 14-day notice for lease violations in Alabama?
Alabama actually uses both, depending on the source and interpretation of the statute. Ala. Code § 35-9A-421 governs most eviction notices: the nonpayment notice and violation notices are keyed to 7 business days, while some practitioners and secondary sources cite a 14-day cure period for certain lease breaches (particularly under § 35-9A-421(c)). The key distinction is between a curable first offense — where the tenant gets time to fix the problem — and an unconditional quit notice for repeat violations or illegal activity, where no cure is allowed. When in doubt about which period applies to your specific situation, consult Ala. Code § 35-9A-421 directly or speak with an Alabama landlord-tenant attorney, because serving a shorter notice when a longer one is required gives the tenant a solid procedural defense.