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FILING
AN EVICTION IN Alabama
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In Alabama, a
landlord may give notice of termination for any
reason. Even if you are a model tenant—quiet,
paying your rent on time and keeping your apartment
clean—your landlord can refuse to renew your
lease. He must give you one rental period’s notice
if you have an oral lease, or give notice according
to the terms of the written lease if you have one.
(The only exception is for non-payment of rent in
which case eviction procedures may take place.) Find
Alabama Eviction Lawyers
.
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Failure to pay rent
or to pay rent on time, for any reason, is grounds
for eviction. There are two types
of eviction procedures a landlord can use to get you
to move:
1. "unlawful
detainer" ( a civil eviction)
2. "failure to
vacate" (a criminal eviction)
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If a landlord uses
the "unlawful detainer"
method of eviction, he must give you three (3) days
written notice to vacate. If you do not leave, the
landlord can sue by filing a complaint against you
in court. After you receive a summons to appear in
court, you have five (5) days to object in writing
to the eviction. If you do not file an objection you
can be removed from the dwelling by the Sheriff. If
you do object, a hearing will be scheduled to
determine your right to possession of the property.
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If a landlord uses
the "failure to vacate"
method of eviction, he must give you ten (10) days
written notice. This method of eviction applies only
to non-payment of rent. If you do not leave the
premises within ten (10) days, you can be charged
with a misdemeanor. You would then be required to
appear in court where you could be fined up to $25
for each day you remained in the dwelling after
being given the ten (10) day notice to vacate.
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As in most states,
Alabama landlords are not permitted to change
the locks on your doors, move your furniture out,
turn off your utilities or use any other
"self-help" method of eviction or
harassment to get you to move.
Additionally,
Alabama landlord/tenant law states that upon the
voluntary or involuntary termination of any lease
agreement, all property left in the dwelling by the
tenant will be considered abandoned, and may be
disposed of by the landlord as the landlord sees fit
and without recourse by the tenant. All property
left on the premises by the tenant is subjected to a
lien in favor of the landlord for the payment of all
sums agreed to be paid by the tenant.
To
help select tenants in the future, see our Tenant
Screening Services.
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