Alabama Rules for Partial Rent Payments and Eviction Risk

As an Alabama renter, financial challenges can sometimes make it difficult to pay the full rent on time. If you’re considering making a partial rent payment, it’s important to know how this may affect your eviction risk and what protections the law offers. This guide explains your rights and responsibilities regarding partial rent payments, and what steps you can take if you receive an eviction notice in Alabama.

Partial Rent Payments: What Alabama Renters Need to Know

In Alabama, both renters (tenants) and landlords must follow the Alabama Uniform Residential Landlord and Tenant Act¹. Under this law:

• Rent is typically due in full on the date specified in your lease.
• A landlord is not legally required to accept partial rent unless specifically stated in your rental agreement.
• If a landlord does accept a partial payment, it does not prevent them from starting an eviction process for the unpaid balance, unless both parties agree otherwise — ideally in writing.

If you pay only part of your rent, you may still be considered "behind on rent" (in default). This can increase your risk of receiving an eviction notice.

Does Accepting Partial Rent Waive Eviction?

In Alabama, acceptance of a partial rent payment by a landlord does not automatically waive their right to proceed with an eviction, unless they specifically state in writing that it does. For tenants, this means:

• You could still face eviction even if your landlord takes a partial payment.
• It’s a good idea to ask your landlord to confirm in writing if accepting your partial payment will stop or delay any eviction action.

Notice and Eviction Procedure

If you are behind on rent (including after making a partial payment), your landlord must follow certain legal steps before evicting you:

• Written Notice: Your landlord must serve you a "Notice to Pay Rent or Quit," usually giving you a set number of days (at least 7 days in Alabama²) to pay the full overdue rent or move out.
• Eviction Lawsuit: If you do not pay within the notice period, the landlord can file an eviction lawsuit (called an "Unlawful Detainer Action") with your local court.

Read more on eviction process from Alabama's Unified Judicial System.

Key Official Forms for Alabama Renters

• Notice to Pay Rent or Quit:
  • Form Use: This is not a standardized state-issued form, but landlords must provide a written notice. It should explain the amount due and the deadline to pay or move out.
  • Example: If you owe $500 in rent and can only pay $200, you should receive a written notice for the remaining $300.
• Answer to Unlawful Detainer (Eviction) Complaint (Form C-59):
  • Download Form C-59 (Answer to Eviction Complaint)
  • When to Use: If your landlord files an eviction lawsuit, you can respond by filing this form with the court before your hearing date.
  • Example: You received a court summons after missing full rent. Use this form to explain your situation or raise defenses (such as improper notice).

The Tribunal Handling Rental Disputes in Alabama

Eviction and rental disputes in Alabama are handled by the Alabama Unified Judicial System (District and Circuit Courts).

What to Do If You Can't Pay Full Rent

If you are struggling to pay your full rent amount, here are practical steps to reduce your eviction risk and protect your rights:

• Contact your landlord as soon as possible to discuss your situation and see if a payment plan or written agreement is possible.
• Keep written records of all partial payments, agreements, and communication.
• If you receive a "Notice to Pay Rent or Quit," act fast—this is your chance to pay the balance or seek advice before court action begins.
• Respond to any court summons with the correct form (Form C-59) and consider reaching out to local legal aid services.

Frequently Asked Questions

1. If my landlord accepts a partial rent payment, can I still be evicted in Alabama?
   Yes. Unless your landlord agrees in writing to stop the eviction process, accepting partial payment does not automatically stop or waive eviction rights.
2. How many days' notice am I entitled to if I have unpaid rent?
   Alabama law requires at least 7 days written notice to pay the overdue rent or face eviction.
3. What form do I use to respond to an eviction lawsuit in Alabama?
   You should use the Answer to Unlawful Detainer (Form C-59) to respond to the court's eviction complaint.
4. Where can I find official information about Alabama tenant rights?
   The Alabama Attorney General’s site and the Unified Judicial System’s landlord-tenant resources offer official guidance and forms.

Key Takeaways for Alabama Renters

• Partial rent payments do not guarantee you are protected from eviction in Alabama.
• Your landlord must provide written notice before starting the eviction process.
• Use official court forms and seek help promptly if you receive an eviction notice.

Remember: Knowing your rights and acting quickly are essential if you cannot pay your full rent.

Need Help? Resources for Renters

• Alabama Unified Judicial System – Official information on eviction processes and court forms
• Alabama Attorney General: Residential Tenant Complaints – File a housing complaint or get consumer advice
• Legal Services Alabama – Free or low-cost legal assistance for renters
• Alabama Emergency Rental Assistance Program – Apply for help paying rent or utilities if you qualify

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1. Alabama Uniform Residential Landlord and Tenant Act (§ 35-9A)
2. Alabama Code Section 35-9A-421: Nonpayment of Rent

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