Alabama Eviction Notice + Unlawful Detainer Complaint Package

ALABAMA EVICTION PACKAGE — 7-DAY NOTICE + UNLAWFUL DETAINER COMPLAINT

PART 1 — 7-DAY NOTICE TO QUIT / CURE OR VACATE

(Ala. Code § 35-9A-421; § 35-9A-441)

TO: [TENANT NAME(S)] [________________________________]

PREMISES ADDRESS: [________________________________]
City: [________________________________] County: [____________] Alabama, ZIP [_______]

FROM (Landlord / Owner / Agent): [________________________________]
Address: [________________________________]
Phone: [____________] Email: [________________________________]

DATE OF NOTICE: [__/__/____]

TYPE OF NOTICE (check one)

☐ 7-BUSINESS-DAY NOTICE — NONPAYMENT OF RENT (Ala. Code § 35-9A-421(b)). Rent is unpaid. The rental agreement will terminate upon a date not less than seven (7) business days after receipt of this Notice if the rent is not paid in full.

☐ 7-BUSINESS-DAY NOTICE — MATERIAL NONCOMPLIANCE (Ala. Code § 35-9A-421(a)). Tenant has materially breached the rental agreement as described below. The rental agreement will terminate on [__/__/____] (not less than 7 business days after receipt) if the breach is not remedied.

☐ 7-DAY NOTICE — TERMINATION OF WEEK-TO-WEEK TENANCY (Ala. Code § 35-9A-441(a)). Tenancy terminates on [__/__/____].

☐ 30-DAY NOTICE — TERMINATION OF MONTH-TO-MONTH TENANCY (Ala. Code § 35-9A-441(b)). Tenancy terminates on [__/__/____] (the periodic rental date specified in this notice).

STATEMENT OF DEFAULT

For nonpayment: Total past-due rent: $[__________]. Period: [__/__/____] through [__/__/____]. Late fees (lease-authorized): $[__________]. TOTAL DUE: $[__________].

For noncompliance: Specific acts/omissions constituting the breach: [________________________________].

To CURE, Tenant must: [________________________________] on or before [__/__/____].

DEMAND

For a notice selected under Ala. Code § 35-9A-421, Landlord specifies the breach or rent owed and notifies Tenant that the rental agreement will terminate upon a date not less than seven (7) business days after receipt of this Notice if the curable breach is not remedied. For a periodic-tenancy termination under § 35-9A-441, use the termination date and period stated in the selected checkbox instead. If the possessory interest terminates and Tenant does not vacate, Landlord may file an eviction action under Ala. Code § 35-9A-461.

Do not use Ala. Code § 35-9A-422 as a 14-day termination notice. Section 35-9A-422 gives a separate seven-day repair/replacement/cleaning procedure for tenant noncompliance materially affecting health and safety; after noncompliance, it allows the landlord to do the work and submit an actual and reasonable itemized bill as rent. A lease-termination theory must independently satisfy § 35-9A-421 or another applicable ground.

TENANT-RIGHTS NOTICES

• Tenant has the right to seek legal help. Free legal aid may be available through Legal Services Alabama (1-866-456-4995 / legalservicesalabama.org).
• Tenant may raise habitability defenses under Ala. Code § 35-9A-204 and § 35-9A-405.
• If Tenant receives federal housing assistance, the CARES Act (30-day notice) or HUD rules may apply.

CERTIFICATE OF SERVICE

I, [________________________________], certify that I delivered this pre-suit Notice as recorded below. Section 35-9A-144(e) excludes termination and eviction notices from its general notice presumptions, and § 35-9A-421 measures its period from receipt. Do not import the complaint-service alternatives in § 35-9A-461(c) into this pre-suit step without Alabama legal review.

☐ Personal delivery to Tenant on [__/__/____]
☐ U.S. mail sent on [__/__/____]; documented receipt date: [__/__/____]
☐ Other method confirmed by counsel: [________________________________]; documented receipt date: [__/__/____]

Signature: [________________________________] Date: [__/__/____]

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PART 2 — COMPLAINT FOR UNLAWFUL DETAINER

(Ala. Code § 35-9A-461; § 6-6-310 et seq.)

Required form check: Alabama's Unified Judicial System publishes Form C-59, “Statement of Claim — Eviction/Unlawful Detainer,” revised 06/25. Use the current official form and clerk instructions. The pleading below is a drafting companion, not a substitute where Form C-59 is required.

IN THE DISTRICT COURT OF [____________] COUNTY, ALABAMA

CIVIL DIVISION

Case No.: DV-[____]-[__________]

Plaintiff's Attorney (if any): [________________________________]
Alabama State Bar No.: [____________]
Address: [________________________________]
Phone: [____________] Email: [________________________________]

COMPLAINT FOR UNLAWFUL DETAINER AND POSSESSION

COMES NOW Plaintiff, by and through [pro se / counsel], and complains against Defendant(s) as follows:

1. Parties. Plaintiff is the owner / lawful landlord of the residential rental premises described below. Defendant(s) is/are the tenant(s) and all occupants in possession.

2. Premises. The premises are located at [________________________________], City of [____________], County of [____________], State of Alabama, ZIP [_______] (the "Premises").

3. Rental Agreement. The parties entered into a ☐ written ☐ oral rental agreement on or about [__/__/____]. Term: ☐ Month-to-month ☐ Week-to-week ☐ Fixed term, expiring [__/__/____]. Monthly rent: $[__________], due on the [____] day of each month.

4. Grounds for Eviction (Ala. Code § 35-9A-421 / § 35-9A-441) — check all that apply:

☐ (a) Nonpayment of rent — $[__________] due for [__/__/____] through [__/__/____].
☐ (b) Material noncompliance with rental agreement: [________________________________].
☐ (c) Holdover after expiration of fixed term ending [__/__/____].
☐ (d) Termination of periodic tenancy by proper notice served [__/__/____].
☐ (e) Tenant noncompliance materially affecting health and safety under § 35-9A-301, pursued through § 35-9A-421(a): [________________________________].

5. Notice and Cure Period. On [__/__/____], Plaintiff served the statutory written notice on Defendant(s) (attached as Exhibit A). The seven (7) business-day cure period (or other applicable statutory notice) expired on [__/__/____]. Defendant(s) has/have failed to cure or vacate.

6. Amounts Owed.

Per-diem rent accruing after the date of this Complaint: $[__________].

7. Willful Holdover (where applicable — Ala. Code § 35-9A-441(c)). If the holdover is willful and not in good faith, Plaintiff seeks up to three (3) months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

8. CARES Act / Federal Coverage. ☐ The Premises is NOT a "covered dwelling" under the CARES Act. ☐ If covered, the required 30-day notice has been provided.

9. No Retaliation. This action is brought in good faith and is not in retaliation for any protected activity (Ala. Code § 35-9A-501).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendant(s):

(a) Awarding Plaintiff immediate possession of the Premises and issuing a Writ of Possession;
(b) Awarding Plaintiff money damages for past-due rent, per-diem rent through possession, late fees, lease-permitted charges, and damages in the amount of $[__________];
(c) Awarding willful holdover damages up to three months' rent and reasonable attorney's fees under § 35-9A-441(c), where applicable;
(d) Awarding costs and reasonable attorney's fees as permitted by the lease or statute;
(e) Granting such further relief as the Court deems just and proper.

VERIFICATION

I, [________________________________], being first duly sworn, depose and state that I am the Plaintiff (or authorized agent of Plaintiff), that I have read the foregoing Complaint, and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________] Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

________________________________
Notary Public, State of Alabama
My Commission Expires: [__/__/____]

SUMMONS DATA / SERVICE NOTE

The summons and complaint must be served under Ala. R. Civ. P. 4 and Ala. Code § 35-9A-461(c). Current Unified Judicial System Form C-59 states that the defendant must answer within seven (7) days after the papers are served or posted as provided by law.

SOURCES AND REFERENCES

• Alabama Legislature, Code of Alabama portal: https://alison.legislature.state.al.us/code-of-alabama
• Ala. Code § 35-9A-421 (Noncompliance / Nonpayment): https://law.justia.com/codes/alabama/title-35/chapter-9a/article-4/division-2/section-35-9a-421/
• Ala. Code § 35-9A-441 (Periodic Tenancy; Holdover): https://law.justia.com/codes/alabama/title-35/chapter-9a/article-4/division-3/section-35-9a-441/
• Ala. Code § 35-9A-461 (Eviction actions and service): https://law.justia.com/codes/alabama/title-35/chapter-9a/article-4/division-4/section-35-9a-461/
• Alabama Unified Judicial System Form C-59 (rev. 06/25): https://eforms.alacourt.gov/media/u5marq2c/statement-of-claim-eviction-unlawful-detainer.pdf
• Legal Services Alabama — legalservicesalabama.org