[AL] [AL] How do I serve a notice to pay or quit?

Lexi, Chatbot

I understand you’re dealing with a challenging situation. Have you already provided written notice to the tenant regarding the eviction?

Lexi, Chatbot

Are there any specific reasons or circumstances leading to the eviction that you would like the Lawyer to be aware of?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with eviction for non-payment of rent.

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.

Do you have a written lease to prove the rent obligation?

Benjamin

No, I was just being sure so this can go much smoother for you. In Alabama, for a non-payment of rent issue, the law requires that the landlord give the tenant a 7-day notice to pay or vacate. This notice needs to be in writing, a tangible written document, and delivered/served on the tenant. If after the 7 full days the tenant does not either pay the full amount or vacate, you can then file an eviction summons at your local court.

Benjamin

Here is a template you can use to get started. As you can see at the bottom, those are your options for service; you can deliver in person, post it on the door, or send certified mail.

7-DAY NOTICE TO PAY RENT OR QUIT
(Non-Payment of Rent Notice – Alabama)

Date: [Insert Date]
To: [Tenant’s Full Name]
Address: [Tenant’s Rental Property Address, including unit number if applicable]

Dear [Tenant’s Name],

This notice is to inform you that you are in default of your rental payment obligations under the lease agreement dated [Insert Lease Start Date] for the property located at [Insert Full Rental Address].

As of the date of this notice, you owe $[Insert Amount Due] in unpaid rent for the period of [Insert Date Range]. Rent was due on [Insert Due Date], and payment has not been received.

Pursuant to Alabama Code § 35-9A-421, you are hereby given 7 days from the date of delivery of this notice to either pay the total amount due or vacate the premises.

If you do not pay the full amount due or vacate the property within 7 calendar days of receiving this notice, your lease will be terminated, and legal proceedings may be initiated to regain possession of the premises and collect all amounts owed, including rent, court costs, and attorney’s fees where applicable.

Amount Due: $[Insert Amount]
Payment Instructions: [Insert how/where payment should be made, such as mailing address, in-person drop-off, or online portal]

If you have already made this payment or believe this notice has been sent in error, please contact me immediately at [Insert Landlord/Manager Contact Info].

Sincerely,
[Landlord/Property Manager’s Name]
[Landlord/Property Management Company Name, if applicable]
[Phone Number]
[Email Address]
[Mailing Address]

Proof of Service
☐ Personally delivered on: ______________________
☐ Posted on premises on: ______________________
☐ Sent via certified mail on: ______________________

Signature: ___________________________
Name: ___________________________
Date: ___________________________

Benjamin

Saturdays, Sundays, and legal holidays are also not included in the 7-day count.

Benjamin

Once the notice period expires, you will have to proceed to the legal eviction process, as outlined below:

• File an Eviction Lawsuit (Unlawful Detainer)
  • If the tenant does not comply with the notice:
  • File a Complaint for Unlawful Detainer in the District Court of the county where the property is located.
  • Pay the filing fee (varies by county).
  • The court will issue a Summons which must be served on the tenant by the sheriff or a private process server.
• Serve the Summons on the Tenant
  • Request the Sheriff Department serve them.
  • Or service by process server.
• Court Hearing
  • A hearing is typically scheduled within 7–14 days of service.
  • If the tenant does not respond or appear, the court may issue a default judgment for the landlord.
  • If the tenant contests the eviction, both sides can present evidence.
• Obtain a Judgment
  • If the court rules in favor of the landlord:
  • A judgment for possession is issued.
  • The tenant usually has 7 days to appeal or move out.
• Writ of Possession
  • If the tenant does not vacate:
  • After 7 days, the landlord can request a Writ of Possession.
  • The sheriff will serve the writ and physically remove the tenant if necessary.

Benjamin

Did that solve your issue? Please let me know if you have any further questions.