How do I respond to an eviction notice in Alabama?
In Alabama, a landlord must generally give a written notice before ending a lease for nonpayment of rent or other breaches. For many breaches, the landlord must give a written termination notice that allows at least seven business days for the tenant to remedy the problem. A landlord may not use self-help to take back the unit, such as shutting off heat or utilities, except in limited situations like abandonment.
If the tenant does not remedy the breach within the notice period, the rental agreement may terminate and the landlord may file for possession in court. Some tenancies, like month-to-month agreements, have separate notice times for ending the tenancy, and federally assisted tenants may have longer notice protections under federal law.
Current Alabama law
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The deadline that matters
Seven business days to remedy most breaches after the landlord’s written notice under Ala. Code § 35-9A-421.
What Alabama law says
A landlord may not recover possession of a dwelling or use willful interruption of essential services to force a tenant out, except as allowed by law, under Ala. Code § 35-9A-427. For many breaches, including nonpayment of rent, a landlord may deliver a written notice to terminate the lease that specifies the breach and gives not less than seven business days after receipt to remedy the breach under Ala. Code § 35-9A-421. Month-to-month tenancies require written notice at least 30 days before the next rental period to terminate under Ala. Code § 35-9A-441. Certain federally assisted or federally backed rental programs include additional notice protections, including a 30-day wait in some circumstances under 42 U.S.C. § 12755 and related federal provisions such as 15 U.S.C. § 9058.
What to do
A common first step is to carefully read the written termination notice for the date it says the lease will end and the description of the alleged breach.
A common next step is to gather documents that relate to the breach, such as rent receipts, payment records, lease pages, repair requests, or communications with the landlord.
A common option is to respond in writing to the landlord before the notice period ends, stating any dispute about the facts or asserting defenses in general terms.
A common step after the notice period is to check whether the landlord filed a court action for possession and, if so, consider appearing at any court hearing and bringing your documents.
A common action for tenants in federally assisted housing is to check whether federal statutes or program rules provide longer notice or other protections and follow those procedures.
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Common questions
Can a landlord turn off my utilities to force me to leave?
No. Alabama law generally prohibits a landlord from taking possession or willfully interrupting essential services like heat, running water, hot water, electric, or gas to force a tenant out, under Ala. Code § 35-9A-427.
How long do I have to fix the problem in the notice?
For many breaches, including unpaid rent, the landlord must give at least seven business days after delivery of the written notice to remedy the breach under Ala. Code § 35-9A-421.
Does month-to-month tenancy have a different timeline?
Yes. A month-to-month tenancy generally may be terminated by either party with at least 30 days written notice before the next periodic rental date under Ala. Code § 35-9A-441.
Are there extra protections for tenants in subsidized housing?
Some federally assisted or federally backed housing programs require longer notice or additional procedures before termination, including provisions in 42 U.S.C. § 12755 and related federal rules.
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This is legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
