When a tenant is renting without a lease, landlords still have to follow the correct eviction procedure to avoid violating the tenant’s rights and risking a potential legal dispute. Follow this guide to learn about the eviction process in Alabama without a lease.
Eviction Process in Alabama Without A Lease 2025
Tenants without a lease in Alabama are considered at-will tenants—tenants who live at a property with the landlord’s consent but without a formal lease.
Under Alabama law, at-will tenants are classed as week-to-week tenants or month-to-month tenants. Unlike a fixed-term tenancy with a specific end date, the landlord or the tenant can end an at-will tenancy at any time by giving notice.
Whether a no-lease tenancy is a week-to-week or month-to-month tenancy depends on how often the rent is paid—weekly or monthly.
To evict at-will tenants, landlords in Alabama have to follow the correct eviction process:
- Landlord serves notice to the tenant
- Landlord files a lawsuit with the court
- Tenant served with summons and complaint
- Court holds hearing and issues judgment
- Writ of execution is issued
- Sheriff enforces the eviction
Landlords cannot resort to self-help evictions where they remove the tenant themselves, turn off utilities, remove doors, change locks, or harass the tenant in any way.
What Is An At-Will Tenant?
An at-will tenant is a person who occupies a rental property without a formal lease agreement or a defined rental term. At-will tenancies are also known as periodic tenancies.
An at-will tenancy continues for as long as both the tenant and landlord agree. This arrangement is informal and often arises in situations where:
- A formal lease has expired, but the tenant continues to live at the property with the landlord’s permission.
- There was never a written lease, but the tenant was allowed to move in with the landlord’s permission.
Alabama Eviction Notice No Lease
Before the eviction process begins landlords must give tenants proper notice, warning them that their tenancy is being terminated. The length of the notice period is governed by Alabama eviction laws and depends on the reason for the termination.
Alabama eviction laws are detailed under Chapter 9A of the Uniform Residential Landlord and Tenant Act. The specific sections we’re focusing on are section 35-9A-441 which deals with periodic tenancies, and section 35-9A-421 covering failure to pay rent and other lease noncompliance.
How to issue notice: Notices must be in writing. In Alabama, delivery methods include personal service, certified mail, and posting the notice at the rental property if no one is present.
For Cause Termination Notice: Non-Payment Of Rent
If the tenant hasn’t paid their rent the landlord can issue a seven-day notice to pay or quit. The notice must be written and should include:
- The amount of rent and late fees due
- When the rent must be paid (giving at least seven business days after receipt of the notice)
- Notice the tenancy will terminate on that date if the rent isn’t paid
For Cause Termination Notice: Other Lease Violation
For other lease violations, landlords can issue a seven-day notice to remedy giving the tenant time to fix their violation, or a seven-day unconditional quit notice that doesn’t allow any remedy.
Seven-day notice to remedy: The written notice should inform the tenant they have seven days to remedy the violation or move out.
The notice should warn the tenant that If they fail to fix the violation or move out, the landlord will file an eviction lawsuit. If the tenant fixes the violation, the landlord cannot file an eviction lawsuit.
Seven-day unconditional quit notice: The written notice should specify the violation(s) and the date the tenant must vacate the property. The move-out date should be at least seven business days after the receipt of the notice.
When a tenant doesn’t have a written lease, lease violations will still include things like property damage, disruptive behavior, and criminal activity.
No Cause Termination Notice
At-will or periodic tenancies can be terminated for any reason by giving seven days’ notice for week-to-week tenancies or thirty days’ notice for month-to-month tenancies.
The written notice should state that the tenancy is being terminated and the tenant is required to vacate the property.
The rules for giving notice of no cause termination for a periodic tenancy are very specific because Alabama law follows the principle that a tenancy ends at the end of a rental period, not mid-cycle.
“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.”
What does that mean? If rent is next due on July 1st (the periodic rental date), the termination notice must be given on or before June 1st for the tenancy to end by June 30th (before the next rental period begins).
If the notice is not given until July 15th, for example, the effective termination date would roll forward to August 31st.
Alabama Step-By-Step Eviction Process
Landlord Issues Notice To Tenant
The landlord must give the tenant a notice to move out, or a notice to remedy their lease violation or vacate the property. Depending on the cause, the notice will be a seven-day notice or a thirty-day notice.
Landlord Files Lawsuit With Court
If the tenant doesn’t fix their lease violation or move out by the specified date, the landlord files an eviction lawsuit, commonly known as an unlawful detainer action.
Use the Alabama court e-filing portal at https://efile.alacourt.gov/ or submit paperwork to the Clerk’s office. Filing fees cost around $247 plus an additional $10 for each tenant named in the lawsuit.
The filing should include:
- Names of landlord and tenant(s)
- Rental property address, including the county
- Grounds for eviction
- Date notice was served
Landlords typically need 3 copies of the summons and complaint and three copies of the notice served on the tenant. Proof of service is also required.
Tenant Served With Summons And Complaint
The court will serve the tenant with the summons and complaint at least 6 days before the process return date (the deadline for the tenant to respond to the complaint).
If the tenant decides to contest the eviction, the tenant must respond to the complaint with their defense. They must also mail a copy to the landlord or landlord’s attorney.
The landlord or the tenant can ask for the hearing to be postponed for 15 days.
Court Holds Hearing And Issues Judgment
If the tenant doesn’t contest the eviction or answer the complaint by the deadline, the landlord can file a motion for a default judgment granting the eviction. Otherwise, the court will listen to both sides before making a decision.
The landlord and tenant should both bring:
- The notice to vacate, remedy, or pay
- The complaint
- Their evidence – payment receipts, billing statements, photos of damage, etc.
If the judge grants the eviction the court will issue a writ of execution immediately.
Appeals against the court’s decision can be made within seven days. Appeal hearings will take place within sixty days.
Writ Of Execution Issued
The writ of execution gives the tenant a maximum of seven days to move out.
Sheriff Enforces The Eviction
If the tenant doesn’t move out the landlord will ask the sheriff to enforce the writ of execution and forcibly remove the tenant from the property.
Alabama Tenant Rights Without Lease
Tenants at-will (those without a lease) have many of the same rights as formal tenants.
- Right to live in a safely maintained property that complies with health and safety codes.
- Right to have functional utilities and appliances.
- Right to protection against landlord retaliation when reporting code violations, unsafe conditions, or making a legal complaint about the landlord.
- Right to privacy. Landlords must give two day’s notice before entering the property (except in emergencies). Landlords can enter for inspections, maintenance, and showings.
- Right to receive proper written notice before eviction or termination of the tenancy.
- Right to due process in eviction. Landlords must file an eviction lawsuit and follow proper legal procedures, they can’t use self-help evictions.
- Right to security deposit protection. Landlords must ensure the timely return of security deposits (minus deductions for damages, if applicable).
How Long Do You Have To Move Out After Eviction in Alabama?
Notice to vacate: If you receive a notice to vacate from your landlord, you can move out on or before the date on the notice to avoid formal eviction proceedings.
Court order: If you wait until the court orders your eviction (which could take several months) you’ll have to move out within seven days of the court order.
Sheriff’s lockout: If you don’t move out, your landlord will ask the sheriff to come and remove you. The sheriff will usually give you 24 hours’ notice.
Recent Entry: How does the NJ eviction process for non payment of rent work?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.