Alabama Notice to Vacate: 2026 Landlord Rules and Process
Reviewed by DocDraft Legal Team · Alabama · Last updated 2026-05-31
Alabama eviction runs under the Alabama Uniform Residential Landlord and Tenant Act, codified at Ala. Code Title 35, Chapter 9A. For unpaid rent, Ala. Code § 35-9A-421(b) lets a landlord deliver written notice that the rental agreement will terminate on a date not less than seven business days after the tenant receives it, and the tenant may stop the termination by paying within that window. The same seven-business-day notice covers other material lease noncompliance under § 35-9A-421(a), subject to a cure cap of two cures in any 12-month period. To end a periodic tenancy with no stated cause, § 35-9A-441 requires written notice at least 30 days ahead for month-to-month tenancies or at least 7 days ahead for week-to-week tenancies. If the tenant stays past the notice period, the landlord files an unlawful detainer action in the district court for the county where the property is located under § 35-9A-461.
What is the step-by-step process to evict a tenant in Alabama?
Alabama follows a set sequence under the Alabama Uniform Residential Landlord and Tenant Act. First, identify the cause, such as unpaid rent, a material lease violation, or the end of a periodic tenancy. Second, serve the correct written notice: a seven-business-day notice under Ala. Code § 35-9A-421 for nonpayment or material noncompliance, or a 30-day (month-to-month) or 7-day (week-to-week) termination notice under § 35-9A-441 to end a periodic tenancy with no cause. Third, wait the full notice period and give any required cure window. Fourth, if the tenant does not pay, cure, or leave, file an unlawful detainer action in the district court for the county where the property is located under § 35-9A-461. The court then sets the case, which by statute takes scheduling precedence over other civil cases.
How do I serve a notice to vacate in Alabama?
For the pre-suit termination notice under Ala. Code § 35-9A-421 and § 35-9A-441, the statute requires written notice given to or delivered to the tenant but does not set out a single enumerated delivery method, so the rental agreement terms and the AURLTA written-notice standard govern. Once the landlord files the unlawful detainer action, § 35-9A-461(c) directs that service of the court summons be made under the Alabama Rules of Civil Procedure. If the sheriff, constable, or process server cannot serve the defendant personally, service may be made by delivering to any person who is sui juris residing on the premises, or, after reasonable effort finds no one there, by posting a copy on the door and mailing a first-class copy on the same day of posting or by the close of the next business day.
How long is the notice period for nonpayment of rent in Alabama?
Under Ala. Code § 35-9A-421(b), if rent is unpaid when due the landlord may deliver a written notice stating the amount of rent and any late fees owed and that the rental agreement will terminate on a date not less than seven business days after the tenant receives the notice. If the tenant pays the amount owed within those seven business days, the rental agreement does not terminate. If the breach is not remedied within the seven business days, the rental agreement terminates on the date stated in the notice. Where a single situation involves both nonpayment under subsection (b) and other noncompliance under subsection (a), the seven-day nonpayment notice period governs.
How much notice ends a lease with no cause, and what happens if the tenant does not leave?
To end a periodic tenancy without stating a cause, Ala. Code § 35-9A-441 requires written notice at least 30 days before the periodic rental date for a month-to-month tenancy, or at least 7 days before the termination date for a week-to-week tenancy. A fixed-term lease ends on its own terms. If the tenant remains after the term expires or the tenancy is terminated, § 35-9A-441(c) lets the landlord bring an action for possession, and a willful, bad-faith holdover can expose the tenant to up to three months' periodic rent or actual damages plus reasonable attorney's fees. The action is the unlawful detainer suit filed in district court under § 35-9A-461; the tenant must answer within 7 days of service or posting, and failure to answer can lead to a default judgment.
Alabama notice-to-vacate framework at a glance
Alabama eviction is governed by the Alabama Uniform Residential Landlord and Tenant Act, codified at Ala. Code Title 35, Chapter 9A and effective January 1, 2007. The core pre-suit notice is the seven-business-day written notice under Ala. Code § 35-9A-421, used for both unpaid rent and other material lease noncompliance, with a cure window inside that period for curable breaches and a cap of two cures in any 12-month period under § 35-9A-421(d). To end a periodic tenancy with no stated cause, § 35-9A-441 requires written notice at least 30 days ahead for month-to-month tenancies or at least 7 days ahead for week-to-week tenancies; Alabama does not impose a statewide just-cause requirement. After the notice period runs, the landlord files an unlawful detainer action in the district court for the county where the property is located under § 35-9A-461(b), and these eviction actions take scheduling precedence over all other civil cases. The Administrative Office of Courts publishes the Statement of Claim - Eviction/Unlawful Detainer and related forms through the Alabama Unified Judicial System at eforms.alacourt.gov; Alabama does not statutorily mandate a specific form for the pre-suit termination notice itself.
Landlord Resources
Alabama Unified Judicial System eForms
Official Administrative Office of Courts forms portal, publishing the Statement of Claim - Eviction/Unlawful Detainer and the Notice of Forcible Entry and Detainer or Unlawful Detainer (Form C-60) used to file an Alabama eviction.
Alabama Uniform Residential Landlord and Tenant Act (Ala. Code Title 35, Chapter 9A)
The controlling Alabama statute for residential notice, termination, and eviction, including the seven-business-day notice under § 35-9A-421 and periodic-tenancy termination under § 35-9A-441.
Mobile County District Court unlawful detainer information
County district court resource describing the unlawful detainer filing process and the locally published filing-fee schedule; filing fees vary by county, so confirm the schedule for the county where you file.
Relevant Laws
Ala. Code § 35-9A-421 (Notice to Terminate for Noncompliance or Nonpayment)
Sets the seven-business-day written notice for material lease noncompliance and for unpaid rent, the cure window within that period, the non-curable intentional-misrepresentation rule, and the two-cures-per-12-months cap.
Ala. Code § 35-9A-441 (Termination by Landlord or Tenant; Holdover)
Governs termination of periodic tenancies on at least 30 days notice (month-to-month) or 7 days notice (week-to-week) and the landlord's action for possession against a holdover tenant.
Ala. Code § 35-9A-461 (Eviction Actions; Service; Appeal)
Sets district and circuit court jurisdiction and venue for eviction actions, scheduling precedence over other civil cases, service of the court summons, and the seven-day window to appeal to circuit court.
Ala. Code § 35-9A-501 (Retaliatory Conduct Prohibited)
Bars a landlord from retaliating against a tenant for protected complaints or tenant-union activity, while preserving the landlord's right to bring a possession action in stated circumstances.
Ala. Code § 35-9A-141 (Definitions; Computation of Day)
Defines terms used in the Act, including the treatment of a day for notice computation, which interacts with the business-day and calendar-day notice periods elsewhere in the chapter.
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal protection allowing a servicemember to terminate a residential lease early on entry into military service or qualifying orders; Alabama has no separate AURLTA military-termination section.
Regional Variances
Alabama unlawful detainer practice by district court
Jefferson County (Birmingham)
Eviction (unlawful detainer) actions are filed in the district court for the county where the property is located under Ala. Code § 35-9A-461(b), and these cases take scheduling precedence over other civil cases. The statewide framework is uniform under the AURLTA, but filing fees are set locally, so confirm the Jefferson County district court's published fee schedule before filing.
Mobile County (13th Judicial Circuit)
Mobile County publishes its own unlawful detainer filing information and fee schedule. For example, the Mobile County fee schedule lists the filing fee at approximately $256 plus about $10 per additional defendant; treat this as an illustrative county example rather than a statewide fee, and verify the current Mobile County schedule before filing.
Montgomery County district court
The same AURLTA notice and unlawful detainer rules apply in Montgomery as elsewhere in Alabama: serve the correct § 35-9A-421 or § 35-9A-441 notice, wait the period, then file in the district court for the county. Court costs are set at the county level, so confirm the Montgomery County district court fee schedule and any local filing procedures before filing.
Suggested Compliance Checklist
Identify the statutory ground for termination
Pre-notice days after startingMap the situation to the correct part of the Alabama Uniform Residential Landlord and Tenant Act. Unpaid rent: § 35-9A-421(b) seven-business-day notice. Other material lease noncompliance or a health-and-safety violation: § 35-9A-421(a) seven-business-day notice. Ending a periodic tenancy with no cause: § 35-9A-441, 30 days for month-to-month or 7 days for week-to-week. Confirm whether the breach is curable and whether the tenant has already cured twice in the past 12 months under § 35-9A-421(d).
Draft a written notice that meets the statutory content requirements
Pre-notice days after startingThe notice must be written. For nonpayment under § 35-9A-421(b), state the amount of rent and any late fees owed and that the agreement will terminate on a date not less than seven business days after receipt. For other noncompliance under § 35-9A-421(a), specify the acts and omissions and the same seven-business-day termination date. For a periodic-tenancy termination under § 35-9A-441, give the required 30-day or 7-day notice before the date specified. Alabama does not statutorily mandate a specific form for the pre-suit notice, but the rental agreement may impose additional content.
Serve the written notice on the tenant
Service days after startingDeliver the written termination notice to the tenant. Sections 35-9A-421 and 35-9A-441 require written notice given to or delivered to the tenant but do not prescribe a single enumerated delivery method for the pre-suit notice, so follow the rental agreement terms and keep proof of how and when the tenant received it. The enumerated service rules in § 35-9A-461(c) apply to service of the later court summons, not the pre-suit notice.
Wait the full notice period before filing
Notice period days after startingDo not file before the notice period expires. For § 35-9A-421 notices, that is at least seven business days after the tenant receives the notice, and the tenant may stop termination by curing within that window for curable breaches. For § 35-9A-441 periodic terminations, wait at least 30 days (month-to-month) or 7 days (week-to-week). Filing before the period runs can defeat the action and force re-service.
File the unlawful detainer action in district court
Post-notice days after startingIf the tenant has not paid, cured, or left, file an unlawful detainer (eviction) action in the district court for the county where the property is located under § 35-9A-461(b), using the Administrative Office of Courts Statement of Claim - Eviction/Unlawful Detainer. Filing fees are set by each county district court, not statewide, so confirm the current fee schedule for the county of filing.
Complete service of the court summons
Post-notice days after startingService of the unlawful detainer summons follows the Alabama Rules of Civil Procedure under § 35-9A-461(c). If personal service fails, service may be made on any person sui juris residing on the premises, or, after reasonable effort, by posting on the door plus a first-class mailing on the same day of posting or by the close of the next business day. The tenant must answer within 7 days of service or posting, and failure to answer can result in a default judgment.
Appear at the eviction hearing
Hearing days after startingEviction actions take scheduling precedence over other civil cases under § 35-9A-461(b), though the Act does not fix a statutory hearing-window day count. Bring the lease, the termination notice with proof of how the tenant received it, a rent ledger if nonpayment is the ground, and documentation showing the action is not retaliatory under § 35-9A-501.
Obtain the judgment and writ of possession
Post-judgment days after startingIf the landlord prevails, the court enters a judgment for possession and the writ of possession is executed by the appropriate officer to return possession to the landlord. Be aware that under § 35-9A-461(d) either party may appeal a district-court eviction judgment to circuit court within seven days after it is entered, and a timely post-judgment motion suspends the appeal clock.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground for termination | Map the situation to the correct part of the Alabama Uniform Residential Landlord and Tenant Act. Unpaid rent: § 35-9A-421(b) seven-business-day notice. Other material lease noncompliance or a health-and-safety violation: § 35-9A-421(a) seven-business-day notice. Ending a periodic tenancy with no cause: § 35-9A-441, 30 days for month-to-month or 7 days for week-to-week. Confirm whether the breach is curable and whether the tenant has already cured twice in the past 12 months under § 35-9A-421(d). | - | Pre-notice |
| Draft a written notice that meets the statutory content requirements | The notice must be written. For nonpayment under § 35-9A-421(b), state the amount of rent and any late fees owed and that the agreement will terminate on a date not less than seven business days after receipt. For other noncompliance under § 35-9A-421(a), specify the acts and omissions and the same seven-business-day termination date. For a periodic-tenancy termination under § 35-9A-441, give the required 30-day or 7-day notice before the date specified. Alabama does not statutorily mandate a specific form for the pre-suit notice, but the rental agreement may impose additional content. | notice-to-vacate | Pre-notice |
| Serve the written notice on the tenant | Deliver the written termination notice to the tenant. Sections 35-9A-421 and 35-9A-441 require written notice given to or delivered to the tenant but do not prescribe a single enumerated delivery method for the pre-suit notice, so follow the rental agreement terms and keep proof of how and when the tenant received it. The enumerated service rules in § 35-9A-461(c) apply to service of the later court summons, not the pre-suit notice. | - | Service |
| Wait the full notice period before filing | Do not file before the notice period expires. For § 35-9A-421 notices, that is at least seven business days after the tenant receives the notice, and the tenant may stop termination by curing within that window for curable breaches. For § 35-9A-441 periodic terminations, wait at least 30 days (month-to-month) or 7 days (week-to-week). Filing before the period runs can defeat the action and force re-service. | - | Notice period |
| File the unlawful detainer action in district court | If the tenant has not paid, cured, or left, file an unlawful detainer (eviction) action in the district court for the county where the property is located under § 35-9A-461(b), using the Administrative Office of Courts Statement of Claim - Eviction/Unlawful Detainer. Filing fees are set by each county district court, not statewide, so confirm the current fee schedule for the county of filing. | - | Post-notice |
| Complete service of the court summons | Service of the unlawful detainer summons follows the Alabama Rules of Civil Procedure under § 35-9A-461(c). If personal service fails, service may be made on any person sui juris residing on the premises, or, after reasonable effort, by posting on the door plus a first-class mailing on the same day of posting or by the close of the next business day. The tenant must answer within 7 days of service or posting, and failure to answer can result in a default judgment. | - | Post-notice |
| Appear at the eviction hearing | Eviction actions take scheduling precedence over other civil cases under § 35-9A-461(b), though the Act does not fix a statutory hearing-window day count. Bring the lease, the termination notice with proof of how the tenant received it, a rent ledger if nonpayment is the ground, and documentation showing the action is not retaliatory under § 35-9A-501. | - | Hearing |
| Obtain the judgment and writ of possession | If the landlord prevails, the court enters a judgment for possession and the writ of possession is executed by the appropriate officer to return possession to the landlord. Be aware that under § 35-9A-461(d) either party may appeal a district-court eviction judgment to circuit court within seven days after it is entered, and a timely post-judgment motion suspends the appeal clock. | - | Post-judgment |
Frequently Asked Questions
Yes. Under Ala. Code § 35-9A-421(b), the written notice states the rent and any late fees owed and that the rental agreement will terminate on a date not less than seven business days after the tenant receives it. Those seven business days double as a cure window: if the tenant pays the amount owed within that period, the rental agreement does not terminate. If the tenant does not pay within that window, the agreement terminates on the date stated in the notice.
Under Ala. Code § 35-9A-421(a), if there is material noncompliance with the rental agreement, an intentional misrepresentation of a material fact in the lease or application, or noncompliance with § 35-9A-301 materially affecting health and safety, the landlord may deliver written notice specifying the acts and omissions and stating that the agreement will terminate on a date not less than seven business days after receipt. For a curable breach, the agreement does not terminate if the tenant adequately remedies it before the date specified in the notice.
Yes. Ala. Code § 35-9A-421(a) states that an intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured. The Act provides one general seven-business-day notice for material noncompliance and does not separately enumerate a non-curable criminal-activity notice category; the only ground that § 35-9A-421(a) expressly states cannot be cured is intentional misrepresentation.
Yes, after a point. Ala. Code § 35-9A-421(d) provides that, notwithstanding § 35-9A-141, 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 landlord's express written consent. After two cures within a 12-month period, the landlord is not required to accept a third cure for the same lease obligations.
Alabama's AURLTA does not contain a dedicated servicemember lease-termination section. Alabama servicemembers rely on the federal Servicemembers Civil Relief Act at 50 U.S.C. § 3955 for early lease termination on entry into military service or qualifying orders. A landlord who receives a termination request tied to military service or orders should verify the orders before proceeding with notice or an eviction action against that tenant.
Alabama ties the right to file and the termination date to the statutory notice. Under Ala. Code § 35-9A-421, the notice must be written, specify the breach (or the rent and late fees owed for nonpayment), and state a termination date not less than seven business days after receipt; § 35-9A-441 requires the periodic-termination notice to give at least 30 days (month-to-month) or 7 days (week-to-week) before the date specified. A notice that misstates the period or omits required content may not support the termination date the landlord relies on, which can force the landlord to re-serve a corrected notice before filing.
Yes. Ala. Code § 35-9A-501 prohibits a landlord from retaliating by discriminatorily increasing rent, decreasing services, or bringing or threatening a possession action because the tenant complained to a government agency about a building or housing code violation materially affecting health and safety, complained to the landlord of a violation under § 35-9A-204, or organized or joined a tenant's union or similar organization. Section 35-9A-501(c) preserves the landlord's right to bring a possession action in stated situations, such as where the tenant is in default in rent or there are other material lease violations.
No, not automatically. Alabama has no statewide statute that automatically seals unlawful detainer (eviction) court records. Eviction filings are generally part of the public district-court record, and sealing would require a separate motion rather than happening automatically on dismissal or settlement.
Other Alabama guides
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