What is a summary ejection notice in Alabama?

Full question:

Is there a summary ejection notice in Alabama?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: National

Answer:

In Alabama, if a tenant breaches any terms of their lease, the landlord can issue a notice to quit. This notice must be given at least ten days before the lease is terminated. The notice can be in the following form:

"To A. B.: You are hereby notified that due to your default in (insert the nature of the default) of the premises you occupy, located at (describe the premises), I have chosen to terminate your lease. You are required to vacate and return possession to me within ten days from this date. Dated this _____ day of _____"

This notice must be signed by the landlord or their agent. No additional notice is needed to proceed with an unlawful detainer action.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do you have 30 days after an eviction notice in Alabama?

In Alabama, the notice period for eviction depends on the type of lease violation. If a tenant receives a notice to quit for a lease breach, they typically have ten days to vacate the premises. However, if the eviction is due to non-payment of rent, the landlord can initiate eviction proceedings after a seven-day notice. Therefore, tenants do not have a standard 30 days after an eviction notice unless specified in the lease agreement. Always check the specific terms of your lease for details.

What is a motion to stay summary eviction?

A motion to stay summary eviction is a request made by a tenant to temporarily halt the eviction process. This motion can be filed in court, usually when the tenant believes they have valid reasons to contest the eviction or need more time to resolve the issue. The court will review the motion and decide whether to grant the stay, allowing the tenant to remain in the property until a hearing can be held.

Are eviction notices public records?

Yes, eviction notices are generally considered public records in Alabama. This means that anyone can access these records, which may include information about the eviction proceedings and the outcome. However, specific details may vary by county, so it's advisable to check with local court offices for access procedures and any associated fees.

What are the new eviction laws in Alabama?

Recent changes to eviction laws in Alabama have focused on streamlining the eviction process and providing tenants with certain protections. For instance, landlords must provide tenants with a clear notice of lease violations and the right to remedy the situation before proceeding with eviction. It's essential for both landlords and tenants to stay informed about these changes, as they can affect the eviction timeline and procedures.

How do you answer a summary eviction tenant?

To answer a summary eviction notice, a tenant should file a written response with the court where the eviction was filed. This response should address the claims made by the landlord and may include defenses or reasons why the eviction is not justified. It's crucial to respond promptly, as failing to do so could result in a default judgment against the tenant, allowing the eviction to proceed.

What is the new eviction law in Alabama?

The new eviction law in Alabama emphasizes the importance of providing tenants with proper notice and the opportunity to remedy lease violations. Landlords must now give clear written notices for lease breaches, allowing tenants time to address issues before eviction proceedings can begin. This law aims to ensure fair treatment for tenants while also protecting landlords' rights.