The eviction process in Alabama, step by step

The question this answers: “Under the Alabama Uniform Residential Landlord and Tenant Act, how much notice must my landlord give to end my month-to-month tenancy, and how does the eviction process work?”

Notice Required to End a Month-to-Month Tenancy

Under Alabama's Uniform Residential Landlord and Tenant Act, your landlord must give you at least 30 days' written notice before the next periodic rental date to terminate a month-to-month tenancy. [3][5] The Alabama Court of Civil Appeals has confirmed that this 30-day written notice is the general requirement for month-to-month tenancies covered by the Act. [5]

Note: An older statute (not part of the Act) allows only 10 days' notice for month-to-month holdover tenants in some situations. [1][6] Which rule applies to your situation can depend on whether your lease is governed by the Act — something worth confirming with an attorney.

How the Eviction Process Works

If you do not leave after proper notice, your landlord can file an eviction (called an "unlawful detainer") action in the district or circuit court in the county where the property is located. [2] Eviction cases are given scheduling priority over other civil cases, so they move quickly. [2]

Service of process (being formally notified of the lawsuit) can happen in several ways: personal delivery, delivery to another adult living at the property, or — if no one is found — by posting a copy on your door and mailing one to you. [2]

Your Right to Appeal

If the district court rules against you, you have only seven days to appeal to the circuit court. [2] ⚠️ This deadline is very short — missing it will typically end your ability to appeal.

Even if you appeal, a writ of restitution (an order requiring you to vacate) can still be issued unless you pay the clerk all rent that has come due since the filing of the action and continue paying rent as it becomes due. [2]

If You Stayed Past Your Lease in Bad Faith

If a court finds your holdover was willful and not in good faith, your landlord may recover up to three months' rent or actual damages (whichever is greater), plus reasonable attorney's fees, in addition to possession. [3]

⚠️ Important: Eviction timelines in Alabama move extremely fast. If you've received a notice or a court summons, contacting a local tenant's rights organization or legal aid office right away is critical — an Alabama tenant attorney can evaluate how these specific rules apply to your situation, and many offer free consultations.