Tenant Evictions Best Practices in Alabama
If you are reading this, then you probably have an eviction looming around you. If not, you are trying to equip yourself for the unforeseen. Whether you are a landlord or a tenant, you must know the tenant eviction best practices in Alabama. This will help you do things right and respond adequately when required.
We wrote this piece to help shine some light on the best approach to carrying out eviction. But before we continue, let us give a clearer definition of what tenant eviction is.
What Does It Mean to Evict a Tenant?
Evicting a tenant is the legal process by which a landlord removes a tenant from a rental property. This action is taken when the tenant has violated the terms of the contract. Eviction is also enforced if the tenant fails to comply with legal requirements.
Eviction is a serious step and involves specific legal procedures. This ensures that both the tenant's and landlord's rights are respected.
7 Legal Reasons for Eviction
Many reasons exist for eviction in Alabama, and most are well justified. In this piece, we will cover just 10 legal reasons for eviction which we consider more important.
1. Non-Payment of Rent
If a tenant fails to pay rent on time, the landlord may start eviction proceedings. Consistently late rent payments can also be grounds for eviction.
(Also read; Understanding the Role of a Guarantor in Property Management)
2. Lease Violations
Having pets or additional occupants without landlord approval is a ground for eviction. Conducting any other illegal activity can also justify beginning an eviction process.
3. Property Damage
Significant damage to the property beyond normal wear and tear can call for an eviction. The tenant's responsibility is to keep the house in good shape. If the tenant's stay is causing a massive deterioration of the building, then such a tenant can be evicted.
4. Illegal Activities
Conducting illegal activities on the premises can warrant an eviction. any activity that contradicts the Alabama laws is illegal. Such activity can warrant an eviction.
5. Nuisance or Disturbance
Causing excessive noise or disturbances that affect other tenants or neighbors can warrant an eviction. Any form of a nuisance that disturbs other neighbors or infringes on their rights is enough to get a tenant evicted.
6. Lease Expiration
Refusal to vacate the property after the lease term has expired is a warrant for eviction. Every tenant is supposed to vacate a property after the lease term has expired. The failure of the tenant to do this is a call for eviction.
7 Subleasing the Apartment
When you rent a house, it is expected of you to occupy it unless you are renting it to someone. If you decide to rent out a house you rented, it's called subleasing. Subleasing is an unacceptable deal unless the contract allows it. Subleasing a house can attract an eviction.
(Also read; Understanding the Role of a Cosigner in Property Management)
Step-By-Step Guide on How to Evict a Tenant
Below is the step-by-step approach to carrying out an eviction of a tenant. A tenant must have defaulted in one or more of the reasons for eviction given above. Asking a tenant to quiet when they haven't violated any of the above reasons for eviction is illegal.
Notice to Quit
The landlord must provide the tenant with a written notice specifying the reason for eviction. It must also contain the timeframe for the tenant to resolve the issue or vacate the property.
Types of Notices to Quit
We have 3 basic types of notices to quit.
Pay Rent or Quit
Pay Rent or Quit notice allows is given for non-payment of rent. It allows the tenant a specific number of days to pay the overdue rent or leave.
(Also read; Everything on how to create and manage a rent roll)
Cure or Quit Notice
Issued for lease violations, giving the tenant time to correct the violation or vacate. This notice is more like a warning strike.
Unconditional Notice to Quit
Requires the tenant to leave without the chance to rectify the situation, used for severe or repeated violations. Unconditional notice to quit is mostly non-negotiable.
(Also read; RENT RECOVERY SOLUTIONS)
Filing an Eviction Lawsuit
If the tenant does not comply with the notice, the landlord can file an eviction lawsuit. It is also called an unlawful detainer action, in the local court. The tenant will receive a court summons, notifying them of the lawsuit and the date of the hearing.
Court Hearing
Both the landlord and tenant present their cases in court. The landlord must prove that the eviction is justified based on the tenant’s actions. An order for eviction will be issued if the judge rules in favor of the landlord.
Eviction Order and Enforcement
The court issues an official eviction order, which typically gives the tenant a set period to vacate the property. If the tenant does not leave voluntarily, law enforcement officials can be called upon. They will enforce the eviction and remove the tenant from the property.
Tenant's Rights During Eviction
1. Right to Proper Notice
Tenants have the right to receive proper notice of eviction with clear reasons and a reasonable period to resolve the issue.
2. Right to Defense in Court
Tenants can present their case in court, arguing against the eviction if they believe it is unjustified.
3. Right to Appeal
In some cases, tenants can appeal the court's decision if they believe there was a legal error in the eviction process.
4. Right to Protection Against Retaliation
Tenants are protected against retaliatory eviction, such as being evicted for reporting health and safety violations or exercising their legal rights.
(Also read; Tenants' Rights in Alabama you should know)
Landlord's Responsibilities During Eviction
- Following Legal Procedures: Landlords must follow state and local eviction laws precisely. This ensures the process is legal and fair.
- Providing Clear Documentation: All notices and legal documents must be written and properly served to the tenant.
- Avoiding Self-Help Evictions: Landlords cannot forcibly remove tenants, change locks, or shut off utilities. All evictions must go through the legal process.
(Also read; Landlord Rights in Alabama you should know in 2024)
Conclusion: Tenant Evictions Best Practices in Alabama
Eviction is a legal remedy available to landlords to address significant issues with tenants. This includes non-payment of rent or lease violations. The process involves specific legal steps, including providing notice, filing a lawsuit, and potentially involving law enforcement.
Both landlords and tenants have rights and responsibilities during this process to ensure it is conducted fairly and legally. Understanding these aspects is crucial for both parties to navigate the eviction process effectively. If you still need assistance regarding tenant eviction, you can contact us directly. We will assign someone to help you out immediately.
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