The Alabama Eviction Process: What Montgomery Landlords Need to Know

No landlord wants to deal with an eviction. But when a tenant stops paying rent or violates the lease, understanding the legal process is essential. Here's how eviction works in Alabama — and how James-Hawkins handles it so you don't have to.

Grounds for Eviction in Alabama

Alabama law allows landlords to evict tenants for several reasons, the most common being:

• Non-payment of rent: The most frequent cause. If rent is late and the grace period has passed, you can begin the eviction process.
• Lease violations: Unauthorized pets, unauthorized occupants, property damage, criminal activity, or any other material breach of the lease agreement.
• Holdover tenancy: The lease has expired, you’ve provided proper notice of non-renewal, and the tenant hasn’t vacated.

Important: You cannot evict a tenant as retaliation for filing a complaint or for exercising their legal rights. Fair Housing laws also prohibit eviction based on protected class status.

The Alabama Eviction Timeline

1. Notice to Vacate (7 days): Alabama law requires a written 7-day notice for non-payment of rent before filing in court. The notice must clearly state the amount owed and that the tenant has 7 days to pay in full or vacate. For lease violations, a 14-day notice is typically required. The notice must be delivered properly — personal service, posting on the door, or certified mail. Improper service is one of the most common reasons eviction cases get dismissed.
2. Filing the Complaint (Day 8+): After the notice period expires without payment or cure, the landlord files an Unlawful Detainer action in District Court. Filing fees in Montgomery are typically $271–$311 depending on the court. You’ll need the lease, the notice to vacate, and proof of service.
3. Court Hearing (14–21 days after filing): The court schedules a hearing. Both parties may appear. If the tenant doesn’t appear, the court typically rules in the landlord’s favor by default. If the tenant contests, the judge hears both sides and issues a ruling.
4. Writ of Possession (7 days after judgment): If the court rules for the landlord, a Writ of Possession is issued. The sheriff posts a notice on the property giving the tenant 7 days to vacate voluntarily.
5. Physical Removal: If the tenant still hasn’t left after the 7-day period, the sheriff schedules and executes the physical removal. The tenant’s belongings are set out, and the landlord regains possession.

Total timeline: approximately 4–8 weeks from the initial notice, depending on court scheduling and whether the tenant contests. Contested cases or cases with procedural issues can extend to 8–12 weeks.

What an Eviction Actually Costs

Eviction isn’t just an inconvenience — it’s expensive:

• Lost rent during the process: 1–3 months at $1,100/month = $1,100–$3,300
• Court filing fees: $271–$311
• Attorney fees: $500–$1,500 for a standard eviction
• Make-ready/turnover costs: $500–$3,000 depending on property condition
• Vacancy during re-leasing: 2–4 weeks additional

A single eviction can cost $3,000–$8,000+ when you add everything up. That’s why prevention through thorough tenant screening is worth far more than the screening cost itself.

Critical Mistakes to Avoid

Never do a “self-help” eviction. Changing locks, removing doors, shutting off utilities, or physically removing a tenant without a court order is illegal in Alabama. It exposes you to significant liability including damages, attorney fees, and potential criminal charges. Always go through the court process, no matter how frustrated you are.

Don’t accept partial payment during the eviction process. Accepting even a partial rent payment can reset the clock on your eviction case and require you to start over with a new notice.

Document everything. Keep copies of all notices, communications, lease violations, and photos. Written records are critical if the case goes to a hearing.

Section 8 Evictions: Additional Considerations

Evicting a Section 8 tenant follows the same legal process, but you must also notify the Montgomery Housing Authority. MHA may have additional requirements or timelines for their records. The housing authority does not intervene on the tenant’s behalf in lease violation cases — if they’ve breached the lease, you have the same legal recourse as with any tenant. In fact, serious lease violations can result in the tenant losing their voucher entirely.

How James-Hawkins Handles Evictions

We partner with one of Montgomery’s top eviction attorneys to handle all legal proceedings. Our process ensures every notice is properly drafted and served, every filing is timely, and every court appearance is covered. For post-move-out debt collection, we work with Hunter Warfield — the industry leader in property management collections. Your financial interests are protected at every step.

More importantly, our thorough 3-bureau tenant screening process — including credit checks, background checks, eviction history, and dual prior landlord references — significantly reduces the likelihood of eviction in the first place. Most evictions are preventable at the screening stage, and we take that step seriously for every applicant.

Have questions about handling a difficult tenant situation? Schedule a free consultation or learn more about our late rent payment strategies.