Alabama eviction notice and late fee rules

Notice for unpaid rent

7 days — If rent is unpaid when due, the landlord may deliver a written notice to terminate stating the rent and any late fees owed to remedy the breach and that the agreement will terminate not less than seven business days after receipt; if not remedied within the seven business days, the agreement terminates.

Ending a month-to-month tenancy

Either party may end a week-to-week tenancy with written notice at least seven days before the termination date, and a month-to-month tenancy with written notice at least 30 days before the periodic rental date.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is unpaid when due, the landlord may deliver a written notice to terminate stating the rent and any late fees owed to remedy the breach and that the agreement will terminate not less than seven business days after receipt; if not remedied within the seven business days, the agreement terminates.

“If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. If the breach is not remedied within the seven business days, the rental agreement shall terminate.”
Ala. Code § 35-9A-421(b)

Paying to stop an eviction

No lease breach may be cured more than two times in any 12-month period without the landlord's express written consent.

“Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord.”
Ala. Code § 35-9A-421(d)

Notice for other lease violations

For a material noncompliance, the landlord may give written notice that the agreement will terminate not less than seven business days after receipt; an intentional misrepresentation of a material fact cannot be remedied or cured.

“the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured.”
Ala. Code § 35-9A-421(a)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week tenancy with written notice at least seven days before the termination date, and a month-to-month tenancy with written notice at least 30 days before the periodic rental date.

“(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice. (b) 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.”
Ala. Code § 35-9A-441(a)-(b)

Lockouts and utility shutoffs

If a landlord unlawfully removes or excludes the tenant or willfully interrupts heat, water, electric, gas or other essential service, the tenant may recover possession or terminate and recover up to three months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

“If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months’ periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.”
Ala. Code § 35-9A-407

Retaliation

Except as provided, a landlord may not retaliate by discriminatorily increasing rent, decreasing services, or bringing or threatening a possession action because of the tenant actions listed in the statute.

“Except as provided in this section, a landlord may not retaliate by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession because:”
Ala. Code § 35-9A-501(a)

Notwithstanding the retaliation bar, a landlord may bring a possession action if the tenant is in default in rent (among other exceptions listed in the statute).

“(2) the tenant is in default in rent;”
Ala. Code § 35-9A-501(c)(2)

What the notice must say and how it is delivered

Where the eviction notice is served by posting, service is complete as of the date the notice is mailed.

“Service of the notice by posting shall be complete as of the date of mailing the notice.”
Ala. Code § 35-9A-461(c)

Court deadlines and the eviction case

The unlawful detainer notice must be served on the defendant at least six days before the return day.

“The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state.”
Ala. Code § 6-6-332(b)

Any party may appeal a district court eviction judgment to circuit court within seven days after its entry.

“any party may appeal from an eviction judgment entered by a district court to the circuit court at any time within seven days after the entry thereof.”
Ala. Code § 35-9A-461(d)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Alabama rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Alabama have to give for unpaid rent?

If rent is unpaid when due, the landlord may deliver a written notice to terminate stating the rent and any late fees owed to remedy the breach and that the agreement will terminate not less than seven business days after receipt; if not remedied within the seven business days, the agreement terminates. (Ala. Code § 35-9A-421(b)).

How much notice is needed to end a month-to-month tenancy in Alabama?

Either party may end a week-to-week tenancy with written notice at least seven days before the termination date, and a month-to-month tenancy with written notice at least 30 days before the periodic rental date. (Ala. Code § 35-9A-441(a)-(b)).