Each Eviction case varies depending on the situation. If the property is owned or rented out by a company then only a licensed Alabama attorney can file for eviction. AN outline of steps follows:
Give a 7-day notice to the tenant (for a yearly lease) & 30-days’ notice (for month to month, expired, or no lease). The notice can be hand delivered, posted on the premises, or sent certified mail and must also be mailed USPS 1st Class. The defendant must be served personally (not posted or mailed) on the statement of claim to apply for a money judgement on the application for default judgement. This notice is critical and must contain all the necessary information as well as any right to cure. The state of Alabama does not provide an initial notice to vacate/move/evict.
Filing an Unlawful Detainer Statement of Claim with the clerk's office along with required fee along with copy of notice & lease agreement is the next step if the tenant has not moved after being served with the notice. ***If there is no lease & your agreement is oral, a written statement is required as to what your agreement is/was.***
Defendant has 7 business days to file an answer Once served, the defendant/tenant has to the court. If an answer is received, it will be submitted to the judge for review & setting of a trial. If an answer is not received after 7 business days of being served, the plaintiff/landlord can file an application for default judgement (with fee). Typically, the judge will order the defendant to put up a bond if they want to contest the default.
File for a judgment for possession first and a money judgement later if you followed all the requirements for a money judgment. After a judgement is entered, the defendant/tenant has 7 consecutive days to appeal the case to circuit court.
Request for writ of possession (with fee) after 7 consecutive days if no appeal has been filed with the court and the defendant/tenant has not vacated the premises. The plaintiff/landlord can file a request for writ of possession (with fee) 7 consecutive days after the judgement.
Request will be submitted to the judge to obtain a writ of possession; the order will be submitted to the sheriff's office for a final attempt to vacate the tenants from the premises.
Coordinate with the sheriff for the “set out” to regain possession of your rented property.
File garnishment (with fee) to collect on the money, if you followed the specific process to allow a money judgment, 14 consecutive days after a money judgement is obtained, you must have current address on the defendant and current garnishee information.
Each case is different, and each eviction may take from a month to several month depending on how you proceed. Seek the advice of counsel before attempting to file anything with the court.
STANLEY & ASSOCIATES, LLC Stanley and Associates, LLC
