Alabama Statewide Rule
Alabama Eviction Notice: 7 Business Days to Pay or Cure (§ 35-9A-421)
Key Facts
- Nonpayment notice
- 7 business days (pay or quit)
- Lease-violation cure
- 7 business days
- Non-curable breaches
- Drugs, assault, firearm discharge
- Court process
- Unlawful detainer; ~3-8 weeks if contested
- Self-help eviction
- Prohibited
Summary
Under Ala. Code § 35-9A-421 an Alabama landlord must give 7 business days' written notice for unpaid rent (pay or quit) and 7 business days to cure a material lease violation. After the notice expires, the landlord files an unlawful-detainer action; a contested case typically takes several weeks.
(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, 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 may not be remedied or cured. If the breach is not remedied within the seven business days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.
Full Breakdown
Ala. Code § 35-9A-421(b) provides that if rent is unpaid when due, the landlord may deliver written notice specifying the rent and any late fees owed and stating the lease terminates on a date "not less than seven business days after receipt of the notice"; if not paid within those seven business days, the lease terminates. Section 35-9A-421(a) applies the same seven-business-day cure period to other material noncompliance, though some breaches (illegal drug activity, criminal assault, firearm discharge) are non-curable. After the notice period, the landlord files an unlawful-detainer suit; the tenant has seven days to answer, and a contested eviction commonly resolves in roughly three to eight weeks. Self-help lockouts are prohibited.
Violations & Penalties
A landlord who uses self-help eviction, locks out a tenant, or shuts off utilities is liable under Ala. Code § 35-9A-407 for actual damages of at least three months' rent or actual damages, whichever is greater, plus reasonable attorney's fees.
Frequently Asked Questions
How many days is an Alabama eviction notice for unpaid rent?
How long does eviction take in Alabama?
Can an Alabama landlord change the locks to evict?
Sources
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