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Eviction notices in Alabama

Source: Ala. Code § 35-9A-421; § 35-9A-141; § 35-9A-461; § 6-6-332; § 35-9A-407 · Checked against the statute

Unpaid rent
7 business days (pay or move out)
Lease violation
7 business days (fix it or move out)
Serious or repeat violation
7 days

Alabama eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease that states the amount of rent and any late fees owed and that the lease will end on a date not less than 7 business days after the tenant receives the notice. If the tenant pays within the 7 business days, the lease does not end. A tenant cannot cure the same kind of breach more than two times in any 12-month period unless the landlord agrees in writing (Ala. Code § 35-9A-421(b), (d)).

Can the tenant pay to stop it? The tenant can stop the termination by paying the rent and late fees stated in the notice within the 7 business days.

Type:
Pay or move out
Notice period:
7 business days
Days not counted:
Saturdays, Sundays and holidays (the statute says 'business days' without defining them; Legal Services Alabama explains this as not counting Saturdays, Sundays and state holidays)
Law:
Ala. Code § 35-9A-421(b)

Notice for a lease violation

For a material noncompliance with the lease or a health-and-safety violation, the landlord may deliver a written notice to terminate stating the breach and that the lease ends on a date not less than 7 business days after receipt. If the tenant remedies the breach before that date, the lease does not end (Ala. Code § 35-9A-421(a)).

Chance to fix it: For a material lease violation (or a health-and-safety violation), the tenant has 7 business days after receiving the notice to fix it. An intentional misrepresentation of a material fact in the lease or application cannot be cured.

Type:
Fix it or move out
Notice period:
7 business days
Days not counted:
Saturdays, Sundays and holidays (statute says 'business days' without defining them)
Law:
Ala. Code § 35-9A-421(a)

Serious, repeat or illegal-activity violations

For these defaults the landlord may terminate the lease on a 7-day notice and the tenant has no right to cure unless the landlord agrees (Ala. Code § 35-9A-421(d)). The statute says 'seven-day notice' here, and the chapter defines 'day' as a calendar day (Ala. Code § 35-9A-141(3)).

When it applies: Noncurable defaults: illegal drugs in the unit or common areas; illegal use or discharge of a firearm on the property; criminal assault of a tenant or guest on the property; a repeat of substantially the same breach within 6 months after a cured notice; and any breach after the tenant has already cured twice in 12 months (unless the landlord consents).

Notice period:
7 days
Law:
Ala. Code § 35-9A-421(d)

How the days are counted

In the landlord-tenant act 'day' means a calendar day (not Rule 6 of the Alabama Rules of Civil Procedure), but if a period ends on a weekend or official holiday, the last day becomes the next business day when the court is open (Ala. Code § 35-9A-141(3)). The nonpayment and cure notices are expressly 'seven business days after receipt of the notice' (§ 35-9A-421(a)-(b)). Alabama's general rule excludes the first day and includes the last (Ala. Code § 1-1-4). The act's general rule that mail is received 3 days after mailing does NOT apply to notices that terminate a tenancy (§ 35-9A-144(e)).

How the notice must be delivered

The notice must be written and delivered to the tenant (Ala. Code § 35-9A-421). The act's general notice rules do not apply to termination notices (§ 35-9A-144(e)), and the statute does not spell out a delivery method for the 7-day notice. The court papers (not the notice) must be served personally, or on a resident who is sui juris, or by posting on the door plus first-class mail (Ala. Code § 35-9A-461(c); § 6-6-332(b)).

If the tenant doesn't pay, fix it or leave

If the tenant does not pay or fix the problem in time, the landlord files an eviction (unlawful detainer) case in district court; the court papers must be served at least 6 days before the return day (Ala. Code § 6-6-332(b)). Legal Services Alabama says the tenant has only 7 calendar days to file a written answer after being served. After judgment, the writ of possession is automatically stayed for 7 days and either side may appeal to circuit court within 7 days (Ala. Code § 35-9A-461(d)-(e)). A landlord who locks out or removes a tenant, or cuts off heat, water, electricity or gas, owes the tenant up to 3 months' rent or actual damages plus attorney's fees (Ala. Code § 35-9A-407); Legal Services Alabama notes a sheriff's deputy must be present when belongings are removed.

Also good to know

  • The 7-day nonpayment notice must list the rent and any late fees owed (Ala. Code § 35-9A-421(b)).
  • If both nonpayment and another violation apply, the 7-day nonpayment notice period governs (§ 35-9A-421(b)).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.