Landlord Eviction Representation in North Alabama
We represent landlords — residential and commercial — from the notice through the writ of possession. We do not represent tenants.
The single most valuable thing we do is the part before anything is filed: getting the notice right. Under Ala. Code § 35-9A-421 the period is seven business days, and a defective notice generally cannot be cured after filing.
What we handle
- Notice drafting and service — the right period, the required content, and provable service
- Unlawful detainer filing in the district court of the county where the property sits
- Default judgment where the tenant does not answer
- Contested hearings where the tenant does
- Writ of possession and coordination with the sheriff
- Money judgments for unpaid rent, damages and, where available, attorney fees
- Lease review and drafting, so the next tenancy is easier to enforce
- Commercial evictions and lease enforcement
What we do not handle
Rule 7.4 of the Alabama Rules of Professional Conduct permits a lawyer to state the fields in which they do and do not practise. Plainly: we do not represent tenants in landlord and tenant matters. If you are a tenant, we will tell you on the first call rather than take your file.
Have a tenant problem?
Call before you serve anything. The notice is where these cases are won or lost, and it costs almost nothing to get right.
Book a landlord eviction consultation We represent landlords only. The consultation is $150, paid at booking, and credited toward your attorney fee if you retain us within 14 days.
The notice rules
| Situation | Notice | Authority |
|---|---|---|
| Nonpayment of rent | 7 business days, stating the rent and late fees owed | § 35-9A-421(b) |
| Material noncompliance | 7 business days, specifying the acts and omissions | § 35-9A-421(a) |
| Intentional misrepresentation in the lease or application | Cannot be remedied | § 35-9A-421(a) |
| Same breach again within 6 months of a prior notice | Non-curable | § 35-9A-421(d) |
| More than two cures in 12 months | Not permitted without express written consent | § 35-9A-421(d) |
| End a week-to-week tenancy | 7 days’ written notice | § 35-9A-441(a) |
| End a month-to-month tenancy | At least 30 days before the periodic rental date | § 35-9A-441(b) |
A seven calendar day notice. The current statute says business days, and a great deal of published material — including some county court filing packets — still shows the older 7 / 14 calendar-day framework.
Alabama courts dismiss for defective notice, and the defect generally cannot be corrected after filing. That is a lost month of rent and a second filing fee.
Ala. Code § 35-9A-421, as amended through Act 2018-473.Never do it yourself
“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 lock changes. No removing belongings to the kerb. No cutting the power. Possession is recovered through the court and executed by the sheriff. A self-help eviction converts your possession case into a claim against you, and it is the one mistake that costs a landlord more than the unpaid rent ever would.
What to bring us
- The lease, and any addenda or renewals
- A ledger or payment history — what was due, what was paid, and when
- Any notices you have already served, and how you served them
- Correspondence with the tenant, including texts
- Photographs, if the issue is damage or a lease violation
- The tenant’s full legal name and any other adult occupants’ names
The payment ledger is the document that decides most nonpayment cases. If yours is not clean, that is the first thing to fix — and it is worth fixing before you own more property, not after.
Money as well as possession
Section 35-9A-421(c) provides that a landlord “may recover actual damages and reasonable attorney fees and obtain injunctive relief” for tenant noncompliance. On a wilful holdover, § 35-9A-441(c) allows an amount up to three months’ periodic rent or actual damages, whichever is greater, plus reasonable attorney’s fees.
Whether you collect is a separate question from whether you are entitled. We will give you an honest view on that before you spend money chasing a judgment.
Counties we file in
Our home county
If you own more than one unit
The economics change. A landlord with a portfolio benefits far more from a lease that is drafted to be enforced and a notice process that is standardised than from handling each eviction as a one-off emergency. That is a conversation worth having when you are not in the middle of one.
Landlord questions
How much notice do I have to give before filing?
Seven business days under Ala. Code § 35-9A-421, for both nonpayment of rent and material noncompliance. To end a tenancy that is not in breach, seven days for week-to-week and at least 30 days for month-to-month under § 35-9A-441.
Can I just change the locks?
No. Section 35-9A-427 prohibits a landlord from recovering or taking possession by action or otherwise, including interrupting essential services. Doing so turns your case into a claim against you.
What if the tenant will not open the door for service?
Ala. Code § 6-6-332 allows service on any adult residing on the premises, and 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.
Can I recover the unpaid rent as well as possession?
Yes, that is normally part of the same action. Section 35-9A-421(c) also allows actual damages and reasonable attorney fees. Collecting on a judgment is a separate exercise, and we will be straight with you about the odds.
The tenant left belongings behind. What now?
Do not simply dispose of them. How abandoned property is handled matters, and getting it wrong creates exposure. Call before you clear the unit.
How long will this take?
The notice period is the floor, not the timeline. Service, whether the tenant answers, and the court’s calendar all affect it. What you control is starting with a correct notice so you are not doing it twice.
Do you handle commercial evictions?
Yes. Commercial tenancies are governed largely by the lease rather than the residential act, which makes the lease language decisive. Bring it.
What does it cost?
Call and describe the situation. We will tell you what is involved and how we charge for it before you commit to anything.
Questions about an eviction? Email evictions@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
Call before you serve anything
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.