Alabama Eviction Laws: Legal Reasons and Tenant Defenses

Facing eviction can be stressful, but understanding the law is the first step to protecting your rights as a renter in Alabama. This article explains the legal reasons a landlord can evict you, your possible defenses, and which official forms you may encounter. You'll also find direct links to trustworthy Alabama government resources and step-by-step guidance tailored to renters.

When Can a Landlord Legally Evict You in Alabama?

Under the Alabama Uniform Residential Landlord and Tenant Act, landlords cannot evict tenants for just any reason. They must have a legal cause. Common lawful reasons for eviction in Alabama include:

• Nonpayment of rent – Failing to pay rent on time after a required notice.
• Lease violations – Such as unauthorized pets, property damage, or illegal activity (with proper notice).
• Failure to move after lease ends – If you stay after your lease or rental term has expired (called "holding over").

Evictions for discriminatory or retaliatory reasons are illegal in Alabama. Landlords cannot evict you because you reported code violations or requested repairs.^[1]

Required Notices for Eviction

Before your landlord can file for eviction (called an "unlawful detainer" in Alabama), they must give you written notice:

• Nonpayment of rent: 7 days’ written notice to pay or leave.
• Lease violations: 7 days’ written notice to fix the violation or move (for curable violations).
• Non-curable violations: Some lease breaches don’t allow you to "fix" the issue, and your landlord may demand you move without allowing a cure period.
• Holdover tenancy (staying after lease ends): 7 days’ notice to vacate for week-to-week leases; 30 days for month-to-month.

All notices should follow the format outlined in Alabama law.^[2]

The Alabama Eviction (Unlawful Detainer) Process

If you do not comply with a legal eviction notice, the landlord can begin formal eviction proceedings in your local district court. The eviction process in Alabama generally involves the following:

• Serving the appropriate notice (see above)
• Filing an Unlawful Detainer Complaint with the court
• You will be officially served with a court summons and complaint
• You have 7 days to file an answer or objection
• A court hearing is held

The tribunal that handles tenancy and eviction cases in Alabama is your local District Court.

Official Eviction Forms in Alabama

• Notice to Pay Rent or Quit: Used by landlords to notify tenants of overdue rent and demand payment within 7 days.
  Example: If you fall behind, your landlord must serve you this notice before starting court proceedings.
  No specific statewide template; landlords can follow the requirements in the Alabama Uniform Residential Landlord and Tenant Act Section 35-9A-421.
• Unlawful Detainer Complaint (Form C-59 / C-59A): Used by landlords to file for legal eviction in court.
  Download the Unlawful Detainer Complaint form (C-59).
  Practical example: If you receive this from a court officer, you are a defendant in an eviction case and must respond promptly.
• Answer to Unlawful Detainer (Form C-60): Used by tenants to respond to an eviction complaint.
  Download the Answer to Unlawful Detainer form (C-60).
  Practical example: Use this if you want to share your reasons or defenses for staying in the property.

Common Defenses for Alabama Renters Facing Eviction

If you receive an eviction notice, you still have rights. Alabama law gives tenants several potential defenses:

• Improper notice: The landlord did not use the correct type or length of notice.
• Landlord did not follow procedure: (e.g., "self-help" lockout, no court order).
• Retaliation or discrimination: The eviction is because you reported violations or exercised your legal rights.
• Rent was paid in full: You can provide receipts or witnesses.
• Repair and Deduct: Sometimes you may withhold rent for certain unresolved property issues, but only in specific legal circumstances. It's important to use this defense carefully and consult local court guidelines.

If you want to contest an eviction, you must file the Answer to Unlawful Detainer (C-60) form within 7 days after you are served. Clearly explain your situation and attach any evidence. The court will schedule a hearing where both sides can be heard.^[3]

FAQ: Alabama Renters' Rights and Evictions

1. Can a landlord evict me without going to court in Alabama?
   No, a landlord must follow the proper eviction procedure and court process. Self-help evictions (like changing locks or removing belongings without a court order) are illegal.
2. What can I do if I receive an Unlawful Detainer Complaint?
   You have 7 days to respond by filing an Answer (Form C-60) with the court. Attend your hearing and bring any supporting evidence for your case.
3. Are there emergency eviction protections in Alabama?
   Most pandemic-related moratoriums have ended, but always check with Alabama's official eviction prevention program for updates and potential emergency relief.
4. What if my landlord is trying to evict me for requesting repairs?
   This is considered "retaliatory eviction" and is illegal under Alabama law. Document your repair requests and bring this up in your defense.
5. Can I stop an eviction by paying all back rent and fees?
   Yes, if the nonpayment is the only reason, you may stop the eviction by paying the owed rent and any fees before the court enters a judgment. Pay as soon as possible and get a receipt.

Summary: What Renters Should Remember

• Evictions in Alabama require just cause and proper legal notice
• Tenants have a right to defend themselves in district court
• Always respond quickly to any official court paperwork

Knowing your rights and the Alabama eviction process can help you stay in your home—or leave on your own terms.

Need Help? Resources for Renters

• Alabama District Courts – Find your local court
• Download the Answer to Unlawful Detainer (Form C-60)
• Alabama Eviction Prevention Program (ADECA)
• Alabama Attorney General: Tenant Rights and Protections

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1. Alabama Uniform Residential Landlord and Tenant Act, Section 35-9A-501 – Prohibited retaliation
2. Section 35-9A-421 – Noncompliance with rental agreement
3. Alabama Judicial System – Answer to Unlawful Detainer (C-60)

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