Alabama Eviction Notice Requirements
Alabama's Uniform Residential Landlord and Tenant Act sets the notice rules in Code of Alabama § 35-9A-421. For unpaid rent, the landlord delivers a written notice stating the rent and any late fees owed and that the rental agreement will end no sooner than seven business days after the tenant receives it. A material lease violation calls for a similar notice of at least seven business days, and the tenant can cure in that time. Ending a month-to-month tenancy takes at least 30 days' written notice under § 35-9A-441.
The notice should be in writing, name the tenant and the property, and state the amount owed or describe the specific acts or omissions that broke the agreement. Because the periods are counted in business days from receipt, weekends and holidays do not count, so keep proof of how and when you delivered it. A tenant may cure a breach no more than two times in 12 months without the landlord's written consent, and some serious conduct, such as illegal drug activity, cannot be cured at all.
If the tenant does not pay, cure or move out, the next step is an eviction case in the district or circuit court for the county where the property is located. Alabama law does not allow self-help: under § 35-9A-427, a landlord may not take back the unit by any means other than the court process, including by cutting off heat, water, electricity, gas or other essential services. A tenant who is unlawfully locked out can recover damages under § 35-9A-407.
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Alabama: common questions
How much notice does an Alabama landlord give for unpaid rent?
A written notice giving the tenant at least seven business days after receiving it to pay the rent and any late fees owed. If the tenant pays in full within that time, the rental agreement continues. Because the period is counted in business days, weekends and holidays don't count toward the deadline.
Can an Alabama tenant fix a lease violation to avoid eviction?
Often, yes. For a material violation, the notice must describe the breach and give the tenant at least seven business days to remedy it. But a tenant can cure no more than twice in 12 months without the landlord's written consent, and illegal drug activity, illegal firearm use or criminal assault on the premises cannot be cured.
How do I end a month-to-month tenancy in Alabama?
Give the tenant written notice at least 30 days before the periodic rental date on which you want the tenancy to end, under Code of Alabama § 35-9A-441. A week-to-week tenancy takes seven days' notice. A landlord may not bring or threaten an eviction case to retaliate against a tenant for complaining about code violations or joining a tenants' union.
Can I change the locks if an Alabama tenant stops paying?
No. Alabama law prohibits landlords from taking back a rental unit outside the court process, including by interrupting heat, water, electricity, gas or other essential services. A tenant who is unlawfully removed can recover up to three months' rent or actual damages, whichever is greater, plus legal fees.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Alabama | See statute | See statute | 30 days |
| Florida | See statute | 7 days | 30 days |
| Georgia | See statute | See statute | 60 days |
| Mississippi | 3 days | 14 days | 30 days |
| Tennessee | 14 days | 14 days | 30 days |
| Alaska | 7 days | 10 days | 30 days |
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