Under Ala. Code § 35-9A-421, the notice period is seven business days — for nonpayment of rent and for material noncompliance. Both. Not seven calendar days, and not fourteen days for “everything else.”
A great deal of published material on Alabama evictions — including filing packets on some county court websites — still shows the older 7 calendar day / 14 calendar day framework. Serving that notice can get your case dismissed, and the defect generally cannot be fixed after filing.
What the statute actually says
“…the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice.”
Ala. Code § 35-9A-421(b).“…the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice.”
An intentional misrepresentation of a material fact in a rental agreement or application cannot be remedied.
Ala. Code § 35-9A-421(a).Note what each notice must contain. For nonpayment, the amount of rent and any late fees owed. For noncompliance, the specific acts and omissions. A notice that says “you are behind on rent, vacate” is not a compliant notice.
The repeat-breach rules landlords should know
Section 35-9A-421(d) contains two provisions that matter enormously if you have a tenant who keeps doing the same thing:
- No breach may be cured more than twice in any 12-month period except by the landlord’s express written consent.
- A breach involving substantially the same acts or omissions as one for which a notice to terminate was previously given, occurring within six months, is a non-curable default.
- The subsection also identifies non-curable defaults including illegal drug use, illegal firearm use and criminal assault.
That means the third late payment in a year is a different legal posture from the first, and a repeat of the same breach inside six months is different again. Landlords who do not document the earlier notices lose the benefit of both rules.
Not sure your notice is right?
Send it to us before you serve it. A defective notice is the most common reason an Alabama eviction gets dismissed, and it costs a month.
Ending a tenancy that is not in breach
| Tenancy | Written notice required |
|---|---|
| Week to week | At least seven days before the termination date specified in the notice |
| Month to month | At least 30 days before the periodic rental date specified in the notice |
Section 35-9A-441(c): if a tenant remains in possession without consent after the term expires or is terminated, the landlord may bring an action for possession — and “if the tenant’s holdover is wilful and not in good faith the landlord may also recover an amount equal to not more than three month’s periodic rent or the actual damages sustained by the landlord, whichever is greater, and reasonable attorney’s fees.”
Ala. Code § 35-9A-441(c).Do not lock them out
This is the fastest way to turn a straightforward possession case into a claim against you.
“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.”
Ala. Code § 35-9A-427.No changing the locks. No removing belongings. No cutting the power or the water. Possession is recovered through the court and executed by the sheriff, and there is no shortcut that ends well.
After the notice expires
- File the unlawful detainer actionIn the district court of the county where the property sits. Bring the lease, the payment history, and proof of how and when the notice was served.
- ServiceUnder Ala. Code § 6-6-332 the notice is served at least six days before the return day. If the officer cannot find the tenant, service may be made on any adult residing on the premises; if after reasonable effort nobody is found, by posting on the door and mailing a copy first class, with service complete as of the date of mailing.
- The tenant’s responseAnswer deadlines and local filing requirements vary between district courts. Confirm with the court where you file rather than assuming a figure from a website.
- JudgmentIf no answer is filed, an application for default judgment follows. If the tenant answers, the case is set.
- Writ of possessionAfter the appeal period runs, the landlord requests the writ and the sheriff executes it. You do not remove the tenant — the sheriff does.
Almost never on the merits. They lose on the notice — wrong period, missing content, no proof of service, or a notice that was served before the rent was actually due. Alabama courts dismiss for defective notice, and the defect generally cannot be corrected after filing.
Which means the cheapest hour you will spend on an eviction is the one before you serve anything.
Verify the current statutory text and your local court’s filing requirements before serving.Attorney fees
Section 35-9A-421(c) provides that a landlord “may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.” Section 35-9A-441(c) separately allows fees on a wilful holdover.
Whether you recover in practice depends on the tenant’s ability to pay, but the entitlement is in the statute.
What we handle
We represent landlords in residential and commercial evictions across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties — notice drafting and service, unlawful detainer filing, judgment and writ of possession.
We do not represent tenants in landlord and tenant disputes. If you are a tenant, we will tell you that on the first call rather than take the file.
Alabama landlord questions
How many days notice does a landlord have to give in Alabama?
Under Ala. Code § 35-9A-421 the notice period is seven business days for both nonpayment of rent and material noncompliance. To end a tenancy that is not in breach, § 35-9A-441 requires seven days for week-to-week and at least 30 days for month-to-month.
Is it seven business days or seven calendar days?
Business days, under the current text of § 35-9A-421. A significant amount of published material — including some county filing packets — still shows the older 7 calendar day / 14 calendar day framework. Confirm the current statute before serving.
What has to be in the notice?
For nonpayment, the amount of rent and any late fees owed. For noncompliance, the specific acts and omissions constituting the breach. In both cases, a termination date not less than seven business days after receipt.
Can I change the locks or shut off the utilities?
No. Section 35-9A-427 prohibits a landlord from recovering or taking possession by action or otherwise, including wilful diminution of services by interrupting heat, water, hot water, electricity, gas or other essential service, except in case of abandonment or surrender or as the chapter permits.
How long does an Alabama eviction take?
It depends on service, whether the tenant answers, and the court’s calendar. The statutory notice period is the floor, not the timeline. Budget considerably longer than the notice period and start the notice correctly so you are not doing it twice.
Can I evict for something other than unpaid rent?
Yes — material noncompliance with the rental agreement, an intentional misrepresentation in the agreement or application, or noncompliance with § 35-9A-301 materially affecting health and safety. The notice must specify the acts and omissions.
The tenant has broken the same rule three times this year. Do I have to keep giving them a chance to cure?
Section 35-9A-421(d) provides that no breach may be cured more than twice in any 12-month period except by the landlord’s express written consent, and that a breach involving substantially the same acts or omissions within six months of a prior termination notice is non-curable. Documenting the earlier notices is what lets you rely on this.
Can I recover my attorney fees?
Section 35-9A-421(c) allows a landlord to recover actual damages and reasonable attorney fees for tenant noncompliance, and § 35-9A-441(c) allows fees on a wilful holdover. Recovery in practice depends on collectability.
Do you represent tenants?
No. We represent landlords only in these matters.
Send us the notice before you serve it
Landlord-side evictions across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties. We do not represent tenants.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles real estate closings and title work, deeds, estate planning and probate, business formation and contracts, and DUI and traffic defence for clients across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about an eviction? Email evictions@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
