Start with Ala. Code §§ 6-6-310 to 6-6-338; Ala. Code § 35-9A-421. In Alabama, Alabama requires forcible entry and detainer (FED) in district court (or circuit court in some counties) where the property is located. For nonpayment under the Alabama Uniform Residential Landlord and Tenant Act, landlords typically must give a 7-day written notice to pay or quit before filing. Longer or different notices apply for cureable lease breaches and for terminating month-to-month tenancies. That is the question this guide answers for how eviction works. After proper notice expires, the landlord files an FED complaint and serves the tenant. A hearing is often set within days to a couple of weeks; if the landlord prevails, the court issues a writ of possession that the sheriff may execute after a short statutory waiting period. Defaults move faster when the tenant does not appear.
The Alabama eviction / forcible entry and detainer (FED) framework
After proper notice expires, the landlord files an FED complaint and serves the tenant. A hearing is often set within days to a couple of weeks; if the landlord prevails, the court issues a writ of possession that the sheriff may execute after a short statutory waiting period. Defaults move faster when the tenant does not appear.
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of Alabama law.
Notice requirements before filing
For nonpayment under the Alabama Uniform Residential Landlord and Tenant Act, landlords typically must give a 7-day written notice to pay or quit before filing. Longer or different notices apply for cureable lease breaches and for terminating month-to-month tenancies.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
How the Alabama rule applies
Apply the Alabama authorities in order. The facts are simplified so the statute and the standard are visible.
A residential landlord in Alabama wants possession after unpaid rent and cannot use a lockout.
- Give the notice Alabama actually requires: For nonpayment under the Alabama Uniform Residential Landlord and Tenant Act, landlords typically must give a 7-day written notice to pay or quit before filing. Longer or different notices apply for cureable lease breaches and for terminating month-to-month tenancies.
- File forcible entry and detainer (FED) in district court (or circuit court in some counties) where the property is located under Ala. Code §§ 6-6-310 to 6-6-338; Ala. Code § 35-9A-421.
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Common defenses include improper notice or service, payment or tender of rent, landlord breach of the warranty of habitability, retaliatory eviction, and discrimination claims under fair-housing laws.
- If the landlord prevails, possession is enforced by writ — Landlords may not lock out tenants, shut off utilities, or seize belongings to force a move-out; recovery of possession requires a court judgment and writ.
After proper notice expires, the landlord files an FED complaint and serves the tenant. A hearing is often set within days to a couple of weeks; if the landlord prevails, the court issues a writ of possession that the sheriff may execute after a short statutory waiting period. Defaults move faster when the tenant does not appear.
Where the case is filed
Eviction actions in Alabama are filed in district court (or circuit court in some counties) where the property is located. Service must follow Alabama rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
Tenant defenses in Alabama
Common defenses include improper notice or service, payment or tender of rent, landlord breach of the warranty of habitability, retaliatory eviction, and discrimination claims under fair-housing laws.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Landlords may not lock out tenants, shut off utilities, or seize belongings to force a move-out; recovery of possession requires a court judgment and writ.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → forcible entry and detainer (FED) → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search Alabama opinions for “forcible entry and detainer (FED)”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in Alabama
Beck v. Glenn
Beck v. Glenn, 69 Ala. 121 (1881)
SOMENVTLLE, J. This is an action of unlawful detainer,, commenced before a justice of the peace, and removed by appeal to the Circuit Court, where a trial was had de novo as-required by statute. It is objected, by the appellant, that neither the verdict nor judgment rendered against him as defendant, in the court below, is in conformity to the statute. T…
On eviction / landlord-tenant, Beck v. Glenn speaks to the Alabama dispute in this passage: "SOMENVTLLE, J. This is an action of unlawful detainer,, commenced before a justice of the peace, and removed by appeal to the Circuit Court, where a trial was had de novo as-required by statute." The surrounding opinion shows how the court applied that language to the record.
Jordan v. Sumners. — Thomas, J., concurring
Jordan v. Sumners. — Thomas, J., concurring, 222 Ala. 314 (1930)
…urchaser at his foreclosure sale under mortgage, who brings unlawful detainer for possession against the mortgagor. It is differentiated from a case by the purchaser at foreclosure sale who was not the mortgagee, but a third party. The latter case is within the proper construction of section 8003, Code of 1923, which confers the right to sue in unlawful detainer upon the purcha…
Jordan v. Sumners. — Thomas, J., concurring is worth reading on Alabama eviction / landlord-tenant because the court put the point in its own words: "It is differentiated from a case by the purchaser at foreclosure sale who was not the mortgagee, but a third party." Use that passage as the starting point, then read the facts that precede it.
Davis v. Pou
Davis v. Pou, 108 Ala. 443 (1895)
…avis instituted a suit before a justice of the peace for an unlawful detainer of the land, and damages for the detention thereof, and recovered judgment for the possession and rent as damages for the detention, for the year 1893, and 1894 to the date of trial. The bill also avers and shows that Julia E. Davis, the plaintiff in the unlawful detainer suit, and respondent in this…
On eviction / landlord-tenant, Davis v. Pou speaks to the Alabama dispute in this passage: "The bill also avers and shows that Julia E." The surrounding opinion shows how the court applied that language to the record.
Riley v. Riley.
Riley v. Riley., 257 Ala. 636 (1952)
LAWSON, Justice. This is a proceeding in the nature of unlawful detainer under Title 31, Chapter 3, §§ 35-45, Code 1940, brought by H. D. Riley against his brother and sister, John T. and Ethel Riley. From an adverse judgment in the justice court, the defendants there appealed *638to the circuit court, where the proceedings were transacted de novo. In the circuit court a j…
On eviction / landlord-tenant, Riley v. Riley. speaks to the Alabama dispute in this passage: "LAWSON, Justice. This is a proceeding in the nature of unlawful detainer under Title 31, Chapter 3, §§ 35-45, Code 1940, brought by H. D. Riley against his brother and sister, John T. and Ethel Riley." The surrounding opinion shows how the court applied that language to the record.
Glenn v. Nixon.
Glenn v. Nixon., 28 So. 2d 718 (1946)
…LIVINGSTON, Justice. This is a proceeding in the nature of unlawful detainer, under Chapter 3, Title 31, Code, which deals with possession of land wrongfully withheld. In general effect, sections 35 and 36 of Chapter 3, supra, provide that where a tenant shall hold possession of land or tenancy over and beyond the .term for which the same was leased to him, ■and after his righ…
Practitioners open Glenn v. Nixon. when Alabama eviction / landlord-tenant turns on the distinction in this sentence: "LIVINGSTON, Justice. This is a proceeding in the nature of unlawful detainer, under Chapter 3, Title 31, Code, which deals with possession of land wrongfully withheld." Do not lift it out of the facts the court was deciding.
Harris v. Hill
Harris v. Hill, 190 Ala. 589 (1914)
…e ten clays’ written notice which is required in actions of unlawful detainer (see section 4268 Code 1907, in which an ‘unlawful detainer” is defined) has no applicability to this case. This is an action of ejectment, and not an action.of unlawful detainer, and the above subdivision of the Code reference to 10 days’ written notice applies, not to an action of ejectment which is…
Alabama opinions such as Harris v. Hill are cited where eviction / landlord-tenant is disputed. The court stated: "Code 1907, in which an ‘unlawful detainer” is defined) has no applicability to this case. This is an action of ejectment, and not an action." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Process name: forcible entry and detainer (FED).
- Primary authority: Ala. Code §§ 6-6-310 to 6-6-338; Ala. Code § 35-9A-421.
- Filing forum: district court (or circuit court in some counties) where the property is located.
- Notice: For nonpayment under the Alabama Uniform Residential Landlord and Tenant Act, landlords typically must give a 7-day written notice to pay or quit before filing.
- Self-help lockouts: Landlords may not lock out tenants, shut off utilities, or seize belongings to force a move-out; recovery of possession requires a court judgment and writ.
Frequently asked questions
How does eviction work in Alabama?
Alabama uses forcible entry and detainer (FED) under Ala. Code §§ 6-6-310 to 6-6-338; Ala. Code § 35-9A-421. After proper notice expires, the landlord files an FED complaint and serves the tenant.
How much notice does a landlord have to give?
For nonpayment under the Alabama Uniform Residential Landlord and Tenant Act, landlords typically must give a 7-day written notice to pay or quit before filing. Longer or different notices apply for cureable lease breaches and for terminating month-to-month tenancies.
Can a landlord change the locks without going to court?
Landlords may not lock out tenants, shut off utilities, or seize belongings to force a move-out; recovery of possession requires a court judgment and writ.
What defenses can a tenant raise?
Common defenses include improper notice or service, payment or tender of rent, landlord breach of the warranty of habitability, retaliatory eviction, and discrimination claims under fair-housing laws.