What should a landlord do when a tenant breaches the lease and the landlord wishes to begin the eviction process? There are procedures set forth in the Alabama Uniform Residential Landlord and Tenant Act (the “Act”) and usually restated in the lease that must be followed to legally evict the tenant. What exactly needs to be done and how long the eviction process should take depends on a few factors. We prepared the following eviction timeline based on the law and our experience handling evictions in Tuscaloosa County and the surrounding areas:
STEP 1: The tenant breaches (violates) the lease or fails to comply with the Act.
STEP 2: The landlord gives the tenant the appropriate Notice of Default. Common defaults are as follows:
Failure to Pay Rent: The Notice of Default must state the current balance of rent and late fees owed and that the tenant has the opportunity to cure the default by paying that amount within seven (7) business days from the date the notice is given.
Damage to the Rental Property: The Notice of Default must state the balance owed for repairs and state that the tenant has the opportunity to cure the default by paying that amount within seven (7) business days from the date the notice is given.
Possession/Use of Illegal Drugs, Unlawful Discharge of a Firearm, or Criminal Assault of a Tenant/Guest: The Notice of Default must describe the default but does not have to provide the tenant with an opportunity to cure the default (non-curable).
STEP 3: If the tenant still has possession of the rental property and (a) did not cure the default and the landlord did not accept a partial payment, or (b) the default was non-curable, then the landlord may file an Unlawful Detainer/Eviction lawsuit in District Court.
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