To legally get someone out of your house in Alabama, the process depends on whether the individual is considered a tenant (even without a formal lease) or a guest/unlawful occupant. For tenants, a formal eviction process through the courts is required.
Understanding Occupant Types in Alabama
The method for removing someone from your property in Alabama hinges on their legal status. It's crucial to distinguish between a tenant and a guest, as the legal remedies are vastly different.
- Tenant: An individual who pays rent (even without a written lease) or has a formal rental agreement, establishing a landlord-tenant relationship. This relationship falls under Alabama's landlord-tenant laws.
- Guest/Licensee: Someone who stays on the property with permission but does not pay rent and is not intended to be a long-term resident. They typically have no formal agreement and are considered to have a temporary license to be on the property.
- Squatter: An individual occupying a property without legal right, permission, or payment of rent.
Getting a Tenant Out: The Formal Eviction Process
For individuals legally recognized as tenants, Alabama law requires landlords to follow a strict eviction process. This process ensures due process and prevents illegal self-help evictions (like changing locks or shutting off utilities, which are unlawful).
The general eviction process in Alabama involves several key steps:
Step 1: Send a Clear Written Notice
Before initiating a lawsuit, you must provide the tenant with a written eviction notice. The type and duration of the notice depend on the reason for eviction:
- 7-Day Notice to Quit (Non-Payment of Rent): If a tenant fails to pay rent on time, you can issue a 7-day notice. If the rent is not paid within this period, you can proceed with filing for eviction.
- 14-Day Notice to Quit (Lease Violation): For material noncompliance with the lease agreement (e.g., unauthorized pets, property damage), you can issue a 14-day notice to cure the violation or vacate. If the violation is not remedied, you can file for eviction.
- 30-Day Notice to Quit (Month-to-Month Tenancy/No Lease): If there's no written lease and rent is paid monthly, or if you simply wish to terminate a month-to-month tenancy, you generally must provide a 30-day written notice to vacate.
It's essential that the notice is clear, properly delivered (e.g., by certified mail, hand-delivery with a witness), and specifies the reason for the eviction and the deadline for the tenant to comply.
Step 2: Fill Out the Forms (File a Complaint)
If the tenant fails to comply with the notice, the next step is to formally initiate the eviction lawsuit, often called an "Unlawful Detainer" action. This involves:
- Filing a Complaint: You will need to obtain and fill out the necessary eviction forms from the District or Circuit Court in the county where the property is located. This document, the "Complaint," states the reason for eviction and requests the court to order the tenant to vacate.
- Paying Filing Fees: There will be associated court filing fees that must be paid at the time of filing.
Step 3: Serve the Tenant
After the complaint is filed, the tenant must be legally "served" with a copy of the Summons and Complaint. This official notification informs them of the lawsuit and the date of the court hearing. Service must be carried out by an authorized individual, typically:
- Sheriff or Process Server: These professional services ensure that the tenant is properly served according to legal requirements, preventing claims that they were unaware of the lawsuit.
Step 4: Attend the Trial
Both the landlord and the tenant will need to attend a scheduled court hearing. During the trial:
- Present Your Case: You (or your attorney) will present evidence to the judge supporting your request for eviction, such as the lease agreement, copies of notices served, payment records, and any evidence of lease violations.
- Tenant's Defense: The tenant will have an opportunity to present their defense against the eviction.
- Mediation (Optional): In some courts, mediation may be offered as an option to resolve the dispute before a formal trial.
Step 5: Wait for Judgment and Writ of Possession
If the judge rules in your favor, they will issue a judgment for possession of the property. If the tenant still refuses to leave after the judgment, you must then obtain a "Writ of Possession."
- Writ of Possession: This is a court order that authorizes the sheriff or other law enforcement officers to physically remove the tenant from the property. You cannot remove the tenant yourself; only law enforcement can enforce the writ.
- Enforcement: Law enforcement will serve the Writ of Possession on the tenant, typically giving them a short period (e.g., 24-48 hours) to vacate. If they still don't leave, the officers will return to escort them from the premises.
Getting a Guest or Squatter Out
If the individual is a guest who has overstayed their welcome or a squatter, the formal eviction process for tenants generally does not apply, as there is no landlord-tenant relationship.
- Guests/Licensees: If a guest refuses to leave, their presence may escalate to trespassing. You can contact law enforcement (the local police or sheriff's department) and explain that someone who was invited has now overstayed their welcome and is trespassing. They may assist in removing the individual. It's helpful to have proof that they are a guest and not a tenant (e.g., no rent paid, no mail received at your address, no long-term residency established).
- Squatters: For squatters, you should also contact law enforcement immediately. Provide proof of ownership of the property. Depending on the situation and how long the squatter has been there, law enforcement may treat it as a trespassing issue. In some complex squatter situations, particularly if they claim tenancy or adverse possession rights, you may need to pursue a legal action like an Ejectment lawsuit (different from Unlawful Detainer) to formally remove them, though simpler trespassing charges are often applicable first.
Key Considerations for Removing Anyone from Your Property
- Do Not Use Self-Help Eviction: It is illegal in Alabama to forcibly remove a tenant, change locks, shut off utilities, or take any other action to make a property uninhabitable to force a tenant out. These actions can lead to legal penalties and liability.
- Documentation is Key: Maintain thorough records of all communications, notices, rent payments, and any incidents.
- Seek Legal Advice: Eviction laws can be complex and vary slightly by county. Consulting with an attorney specializing in landlord-tenant law in Alabama is highly recommended to ensure you follow all legal procedures correctly and avoid costly mistakes.
