Evicting a Tenant in Alabama? Avoid These Costly Mistakes

By Gregory S. Stanley, Esq.

If you're a small landlord in Alabama—owning just a handful of rentals—every missed rent check or legal delay hits hard. Eviction can be a necessary business move, but only if you do it by the book. Alabama's eviction laws are strict, and one mistake can send you back to square one. Don’t make these mistakes:

1. Using Online or Out-of-State Forms

Generic eviction forms from the internet—or worse, from another state—won't hold up in Alabama courts. If your property is owned by an LLC or company, the law requires that an attorney file the eviction for you. Using the wrong forms can lead to an automatic dismissal.

2. Skipping or Messing Up the Notice

Alabama law requires written notice before you can file. For nonpayment or other breaches, that's a 7-business-day notice, with a clear "right to cure." If your notice is missing one key element, the judge can throw the case out.

3. Filing Too Early

Don't rush to court before the notice period expires. Filing even one day early means your case can be dismissed. Courts count time differently than most people expect.

4. Improper Service of Process

Eviction lawsuit papers must be served on the tenant in a very specific way. Do it wrong, and it can take months to fix—or your case might be kicked out of court entirely.

5. Trying a "Self-Help" Eviction

Changing locks, turning off utilities, or removing a tenant's belongings without a court order is illegal in Alabama. It can result in damages, attorney's fees, and even free rent for the tenant.

6. Lacking Paperwork

Keep everything: the lease, payment records, and all notices. You'll need proof that you followed the law and that the tenant breached the agreement. Courts require evidence.

7. Retaliating After a Complaint

If a tenant complains to code enforcement or asserts their rights, don't rush to evict. Courts can see that as retaliation, and you'll lose.

The Bottom Line: Evictions in Alabama are all about Notice, Notice, Due Process

The rules aren't complicated—but they're unforgiving. Following each step exactly can save you weeks of frustration and thousands in lost rent.

Need help with an eviction?

Contact Stanley & Associates at 205-451-4196 or visit us at

201 20th Street S., Irondale, AL 35210