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:
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.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. This material is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. You should not act or refrain from acting on the basis of this material without seeking legal advice.