Evicting a resident is never something landlords look forward to. It’s an unfortunate part of the rental business, but sometimes it’s necessary to protect your property and investment.

When you sign a lease with a resident, it’s with the expectation that they’ll take care of your property and pay rent on time, every month. But sometimes, things don’t go as planned. Maybe your resident has stopped paying rent, or perhaps they’re not taking care of your property as they should. If you’re feeling frustrated or kicking yourself for letting things slide for too long, know that you’re not alone. Many landlords have been in your shoes, and it’s not too late to take action.

Here at Evernest, we've become familiar with the eviction process in Birmingham, Alabama, after more than 15 years of property management service. And we’re here to share what we’ve learned along the way.

In this article, we’ll walk you through the eviction process in Birmingham and provide our top tips for navigating this complex process. While we aim to provide helpful information, keep in mind that we always recommend consulting with a legal professional to ensure you’re following the law correctly. 

Now, let’s get started.

The Two Reasons You Can Evict a Resident in Alabama

When it comes to evictions in Alabama, the law is pretty clear about when you can take action. As a landlord, you can start the eviction process for two main reasons: nonpayment of rent and material breach of the lease.

Nonpayment of Rent

This is the most straightforward reason for eviction. If your resident isn’t paying rent as agreed in the lease, you have the right to begin the eviction process.

Material Breach of the Lease

The second reason is for a "material breach of the lease." This is a broader category that covers any serious violations of the lease terms, like damaging the property, having unauthorized occupants, or engaging in illegal activities. Basically, anything that significantly violates the lease agreement.

In the past, Alabama’s Uniform Residential Landlord and Resident Act (URLTA) required landlords to give different notices depending on the reason for eviction: a 7-day notice for nonpayment of rent and a 14-day notice for material breaches. However, the law has changed, and now a 7-day notice is sufficient for either situation. It’s important to stay updated on these changes to make sure you’re following the current form of the law.

The Alabama Eviction Process at a Glance

Evicting a resident in Alabama involves a series of legal steps that must be followed carefully to ensure compliance with state laws.

Here is a brief overview of the eviction process:

1. Provide Notice to the Resident

The first step in the eviction process is to provide the resident with a written notice, which typically gives them seven days to correct the issue (such as paying overdue rent) or vacate the property. This is known as a "7-Day Notice to Pay or Quit" for nonpayment of rent or a "7-Day Notice to Cure or Quit" for lease violations. If the issue is not resolved within the notice period, the landlord can proceed with the eviction.

2. File an Eviction Lawsuit (Unlawful Detainer)

If the resident does not comply with the notice, the landlord must then file an eviction lawsuit, also known as an unlawful detainer action, in the district court of the county where the property is located. This requires submitting a complaint to the court, along with the necessary filing fees, to officially begin the legal eviction process.

3. Serve the Resident with Court Papers

After filing the lawsuit, the resident must be formally served with court papers, including the summons and complaint. This can be done by a process server, sheriff, or sometimes by certified mail. The resident will have a specific amount of time (usually 7 to 14 days) to respond to the complaint.

4. Attend the Court Hearing

If the resident contests the eviction, a court hearing will be scheduled. Both the landlord and resident will have the opportunity to present their cases. If the judge rules in favor of the landlord, a judgment for possession will be issued.

5. Obtain a Writ of Possession

If the resident does not vacate the property after the court’s decision, the landlord can request a writ of possession from the court. This document authorizes the sheriff to remove the resident from the property. The sheriff will then execute the writ, typically within a few days, and the landlord can regain possession of the property.

6. Recover Damages

If the resident owes unpaid rent or has caused damage to the property, the landlord can request a monetary judgment as part of the eviction process. This judgment can be pursued through garnishment or other collection methods if the resident does not pay voluntarily.

It’s essential for landlords to follow each step of the process carefully to avoid delays or legal complications. Failure to adhere to the legal requirements can result in the eviction being dismissed or postponed, meaning the resident can remain in the property longer than necessary.

Again, we are not legal experts so we always recommend that landlords consult a legal professional to make sure they are following the letter of the law at each step.

Our Tips to Navigate the Eviction Process

If you’re feeling a bit overwhelmed by the eviction process, don’t worry, we’re here to help! As experts in property management, we have helped countless landlords navigate the eviction process and have gained some helpful tips to ease the confusion. Let’s explore our top tips:

Tip #1: Serve One Notice That Covers BOTH Eviction Reasons

To simplify things, we recommend serving a single notice that addresses both nonpayment of rent and any material breaches of the lease. This way, you cover all your bases and don’t have to worry about issuing separate notices. It’s a time-saver and helps keep everything straightforward.

If your resident has not committed any material breaches of the lease other than nonpayment of rent, you do not have to serve a notice covering both eviction reasons. Only list reasons that your resident has clearly committed and can be conclusively proven.

Tip #2: A 7-Day Notice Doesn't End on the 7th Day—It Ends on the 8th

Here’s a small but important detail: even though it’s called a "7-day notice," your resident actually has until the end of the 8th day to fix the issue. It’s a common mistake to think the notice ends on the 7th day, but giving that extra day ensures you’ve done everything by the book.

Tip #3: You Can't Terminate the Lease by Posting the Notice

It’s important to know that posting a 7-day notice is just the first step in the eviction process. This notice doesn’t terminate the lease; it’s a warning that your resident needs to fix the problem or leave. If they do what’s required within the notice period, the lease continues as usual. If not, you can then move forward with filing for eviction in court. Knowing this distinction helps prevent any premature actions that could complicate things.

Tip #4: Only Accept Certified Funds and State This in the Notice

To protect yourself, we strongly recommend accepting only certified funds—like a cashier's check or money order—if the resident tries to make a payment after you’ve served the notice. Personal checks can bounce, which could cause more headaches down the road. Make sure to state in the notice that only certified funds will be accepted, so there’s no confusion.

Tip #5: Include Debt Collection Language

Including debt collection language in your notice is a smart move. This makes it clear that your resident is still responsible for any unpaid rent or fees, even if they move out. It’s a way to set the stage for collecting any debts that remain after the eviction is complete, ensuring you’re not left out of pocket.

Tip #6: Have the Notice Notarized

While it’s not always required, getting your eviction notice notarized can add an extra layer of security. A notarized document is harder to dispute in court, giving you a stronger legal footing if your eviction is challenged. It’s a small step that can make a big difference in the long run.

Final Thoughts: Birmingham Eviction Process

Evicting a resident isn’t easy, but by understanding the process and following these tips, you can manage it more effectively. Serving a comprehensive notice, sticking to the correct timelines, and protecting your financial interests are key to navigating the eviction process in Birmingham, Alabama.

If you’re feeling unsure about handling an eviction on your own, we’re here to help. At Evernest, our experienced team can guide you through each step. Don’t let a tough resident situation throw you off course—reach out to Evernest today and let us help you keep your rental business on track.