Facing Eviction? What Are Your Rights?
- Rommie Wheeler
- Jun 21
- 2 min read
Receiving an eviction notice can be frightening and overwhelming. Whether you are a renter who has fallen behind on payments or a tenant dealing with a landlord dispute, it is important to know that you have legal rights in Alabama — and that you do not have to face the process alone.
What Is Eviction?
Eviction, legally known as an 'unlawful detainer' action in Alabama, is the formal legal process a landlord must follow to remove a tenant from a rental property. A landlord cannot simply change the locks, remove your belongings, or shut off utilities to force you out. Doing so is illegal and may give you grounds for a legal claim against the landlord.
Common Reasons for Eviction in Alabama
Non-payment of rent is the most common reason landlords initiate eviction proceedings. Other grounds include lease violations, staying beyond the lease term, or engaging in illegal activity on the premises.
The Eviction Process in Alabama
Step 1 — Written Notice: Before filing in court, a landlord must provide written notice. For non-payment of rent, Alabama law requires a 7-day notice to pay or vacate. For lease violations, a 7-day notice to remedy or vacate is typically required.
Step 2 — Filing in Court: If you do not comply with the notice, the landlord may file an eviction complaint in district court.
Step 3 — Court Hearing: You will receive a summons with a hearing date. This is your opportunity to appear and present your defense. Do not skip this hearing — failing to appear almost always results in a judgment against you.
Step 4 — Judgment and Writ of Possession: If the court rules in the landlord's favor, a writ of possession is issued and a law enforcement officer will carry out the eviction.
What Are Your Rights as a Tenant?
You have the right to receive proper written notice before eviction proceedings begin. You have the right to appear in court and present a defense. Landlords must maintain the property in a habitable condition — failure to do so may be a valid defense. You cannot be evicted in retaliation for reporting code violations or other protected activities. Discrimination-based evictions are illegal under federal and Alabama law.
Possible Defenses Against Eviction
Depending on your situation, there may be strong legal defenses available to you. These include improper or insufficient notice, acceptance of rent after the notice was issued, retaliatory eviction, discrimination, or the landlord's failure to maintain habitable conditions.
What Should You Do If You Receive an Eviction Notice?
Act immediately. The timelines in eviction cases are short, and waiting too long can limit your options.
Gather all documentation including your lease, rent payment records, and any communications with your landlord.
Then contact an attorney as soon as possible.
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