Alabama Eviction Law
As a property owner, you've taken all the steps to having a successful rental business. You've obtained a well-drafted lease agreement. Protected your assets by incorporating. Screened potential tenants. But no matter how careful you are, with enough time, you will encounter tenants who simply don't hold up their end of the bargain. Rent doesn't get paid on time. Properties get trashed. Leases expire and tenants refuse to leave. With every day that passes, you are losing money.
Can I kick my tenant out myself?
No, there is no "self-help" eviction in Alabama. If a landlord-tenant relationship exists, you must go through the judicial procedure for eviction.
How do you evict a tenant in Alabama?
The eviction process was streamlined in 2014 by the new Alabama Landlord-Tenant Act. Even with these changes, however, the legal procedure can be very tricky, involving very strict rules for notice and waiting periods. After the initial notice and waiting period, an eviction action is filed in District Court. The tenant is served with a copy of the summons and complaint, and given an opportunity to dispute the complaint. The case will then be set for hearing, in which the judge will listen to arguments for and against the eviction. After the hearing, if the judge finds that the tenant has violated the terms of the lease or the lease has expired, she will enter an order granting possession to the landlord.
Can I reenter my property then?
No, there is a waiting period for the order to become final and non-appealable. And even then, it may be wise to take extra steps before you enter the property, depending on the circumstances. Failure to take the necessary legal steps before reentering your property might expose you to a lawsuit.
Anniston Eviction Attorney
The process of eviction is best undertaken with the assistance of competent legal counsel. Our Oxford eviction attorneys are experienced and professional, and focus on reclaiming your property with the minimum hassle and delay . Call our office to set up a free consultation.