Every year, an estimated 2.7 million U.S. households face eviction.
With evictions being so prevalent, landlords should familiarize themselves with the process. So, if you're renting out property in Huntsville, AL, you must learn how to evict a tenant legally. That way, you comply with housing laws and avoid legal trouble yourself.
This guide explains the basics of evicting tenants, so read on.
Grounds for Evictions
In Alabama, landlords can evict tenants for non-payment of rent, criminal activity, and lease violations.
An example of a lease violation is failure to adhere to legal tenant responsibilities. For instance, the tenant neglects their obligation to clean the property and maintain its sanitary condition. They may have also broken the lease by smoking inside the property.
Seven-Day Eviction Notice
Under Alabama eviction laws, landlords must give a tenant they wish to evict a seven-day notice. It applies to all the grounds for eviction mentioned above.
The notice must indicate the landlord's reason for evicting the tenant.
Let's say you want to evict a tenant for non-payment, even after you've tried collecting rent several times. In this case, you must specify the rental amount due and if they also owe late fees. The tenant then has seven days to pay everything they owe.
If the tenant fails to pay rent within seven days of receiving the notice, you can file an official eviction case.
Filing the Unlawful Detainer
Once the seven-day period ends, you can file an eviction case or "Unlawful Detainer." You must file it with the Madison County Circuit or District Court. You must provide the Court with a copy of the lease agreement and the tenant eviction notice.
For civil cases worth under $50,000, expect to pay over $400 for court filing fees alone.
Serving the Tenant With the Summons
Once you've filed the eviction case, the Court will issue a notarized complaint and summons. You can't personally deliver the summons to the tenant. Only an authorized third party, such as the Sheriff, constable, or process server, can.
After receiving the summons, the tenant has seven days to file an answer. If they don't, the law will consider them in default. If they respond, they may file for an appeal and explain why they believe you, their landlord, shouldn't evict them.
Attending the Hearing
Suppose the tenant files an appeal correctly and on time. If so, the Court will set a hearing date. You and your tenant must attend this procedure, as the Court will decide whether to evict or allow the tenant to stay.
If you win the case, the tenant will have seven business days to vacate your property.
Protect Yourself From Evictions
As you learned in this guide, evictions in Huntsville, AL, are time-consuming and costly. For this reason, you should consider partnering with a full-service property management company that provides eviction protection plans.
PMI North Alabama is one such company. With our eviction protection plan, we can safeguard you from the stress and cover up to $2,000 of the costs associated with filing evictions. Plus, we back our high-quality property management services with our Happiness, 21-Day, and On-Time Rent guarantees.
So, speak with us today! We'll happily discuss how we can help protect you and your Huntsville properties from evictions.
