Landlord Question and Answer Forum

Advice on Eviction process in Alabama The tenant two months behind on rent. Going to mail the seven day letter out today. When should I let an attorney step in for help?

If you are evicting for non-payment of rent, give the tenant an Alabama Eviction Notice that gives them 7 days pay the rent or to vacate the property. If you are evicting for some other lease violation, you must give them an Alabama Eviction Notice giving them 14 days to fix the problem or vacate. It is good to hand-deliver the form, AND send it certified mail. Keep a copy of it… you will need this later on! If the tenant does not leave, you then file the complaint against them for Unlawful Detainer. Get this complaint from the court that handles evictions for the area where your property is located. 4. Once served with the lawsuit, the tenant will have 7 days to file a written objection.. If they do not file a written objection, you win the case and can have the sheriff remove the tenant. If they do file a written objection, then you must show up for your court date and ask the judge to grant the eviction. You will have to claim that rent was not paid (or other lease violation was not cured), and prove that you gave proper notice (by showing a copy of the 7 day notice you gave the tenant). Usually a non-payment of rent case is fairly simple. But if your case involves the unusual or not typcial elements, I would consult an attorney. I also would do this in te event your Tenant DOES file an objection.

Posted by Donna , NC on Saturday, January 14, 2012