Landlord Law F.A.Q.

How can I evict a tenant?

Generally speaking, you can evict a tenant for violating the lease agreement. The most common violation of a lease is non-payment of rent or fees. Other common violations include: repeated noise violations, unpaid pet deposits/unauthorized pets, engaging in criminal or otherwise unauthorized activities on the premises.

State law stipulates that specific notices be posted prior to filing an eviction and that a tenant be able to “cure” or fix their lease violation. The notices vary based on the type of lease violation and must have certain language in order to support a case for eviction.

If the property seems abandoned, but some of the tenant’s belongings are still in the unit, do I HAVE to file an eviction?

Well, it’s up to you. We generally advise our clients to proceed with an eviction to protect themselves from any liability should the tenant choose to come back for his or her belongings. Even a discarded toothbrush can cause major problems when called into question should the tenant elect to sue.

Do I have to have an attorney to file an eviction?

If the property is not held in a corporate form (such as an LLC) then you do NOT have to have an attorney file an eviction on your behalf. However, if you hold the property in a corporate form you must have an attorney file an eviction on your behalf.

If I want to file an eviction for non-payment, can I also “go after” the tenant for the unpaid balance?

Our office is happy to assist you in both your eviction and in pursuit of repayment for the unpaid balance.

My house did not sell, and we’re thinking of renting it out. Do we need a lease agreement?

Yes, yes and YES! Lease agreements establish the terms by which you are renting the property. Without a lease agreement, the rental terms may become “he said/she said”, wasting much of your time, energy, and money. Furthermore, renting a property month-to-month without a lease can present tax problems.

As a first time landlord, how familiar do I need to be with Alabama Landlord Tenant Law?

Extremely familiar. You can only be sure that you’re not in violation of the law if you are aware of what the law is. The law does not care that a violation is “accidental” and you may expose yourself to serious repercussions for any violation, even if it is inadvertent.

Fortunately, our firm offers a “First Time Landlord Consultation”. During this consultation you’ll be advised of common violations first time landlords make. You’ll also receive all of the notices and forms you’ll need throughout your landlord tenant relationship, to ensure your compliance with state and federal law. Also, the attorney gives numerous speaking engagements throughout the state on landlord-tenant law and our office would be happy to put you on the mailing list so you are informed of when the next speaking engagement will take place.

What are the stages of the eviction process, and how long does the entire process take?

After an eviction is filed, a default must be submitted to the court and signed by the judge. After the default has been signed, a writ can be filed. The writ will be issued by the court to the sheriff’s office, who will then send a representative to the property to assist in removal of the tenant and his or her belongings. If the tenant requests a court appearance, that will be calendared on an expedited docket. Now, this whole process takes an average of four weeks, due to the amount of time we’re required to wait between phases. Depending on how efficiently the system is running on any given month, it may take less than four weeks.  Recognizing that time is money, our office specializes in “same-day filing” and works diligently to make the process as quick as possible.