Evictions - Unlawful Detainer/
Complaint Procedures
Office located on the 2nd Floor
District Civil Division
Telephone: 256-574-9203
EFFECTIVE JAN 1, 2007 - ACT NO. 2006-316 -
Uniform Residential Landlord and Tenant Act
REGARDING LANDLORD/TENANT RELATIONS EVICTIONS
Alabama Uniform Residential Landlord Tenant Act
Procedures and Guidelines for Filing Unlawful Detainer Actions in the District
Court
IT IS HIGHLY RECOMMENDED THAT YOU CONSULT AN ATTORNEY BEFORE ATTEMPTING THIS
LEGAL ACTION. THE STAFF OF THE CLERK’S OFFICE CANNOT ADVISE YOU OR ANSWER ANY QUESTIONS
ABOUT THIS PROCEDURE.
Unlawful Detainer Actions are the remedy for eviction in a landlord tenant relationship----Title
6, Code of Alabama . Effective Date: January 1, 2007. Some existing lease provisions
remain until lease renews in 2007.
WHO MAY FILE ACTIONS
Individuals representing themselves or an attorney licensed to practice law in the
State of Alabama.
JURISDICTION
District Court and Circuit Court have concurrent jurisdiction. Actions seeking injunctive
relief must be filed in the Circuit Court . Injunctive relief is defined as seeking
to obtain an order to either command or prohibit an action. Rules of Civil Procedure
govern.
NOTICE TO TENANT
The landlord must give a written seven calendar day notice if the reason for the
eviction is for failure to pay rent, or a written fourteen calendar day notice if
the reason for the eviction is for anything else. The purpose of the notice is to
terminate tenancy rights. Notice must provide for right to pay any delinquent rents
or correct any lease prohibitions also known as the right to cure.
INITIATED BY FILING A COMPLAINT
Form No. C-59. The Landlord/Plaintiff may sue for possession of property and for
money damages in the same action.
Click here
for a list of filing fees.
Please include a copy of the “Notice to Tenant” when filing an original action.
Counterclaims are allowed by the defendant/tenant, and there is no filing fee for
this action in District Court.
To download Unlawful Detainer Form
(form C-59) CLICK HERE
(Please make sure you make copies of this form after you have completed it.
The court will need an original and two copies per defendant. If copies are not
made when you come in to file your claim, there will be a charge of $.50 per page
to make them for you. Please type or print when completing the form)
SERVICE
Personal service must be attempted for a complaint for possession.
If unable to make personal service, the complaint may be served by posting a copy
on the premises. If posted on the premises, the Sheriff/process server must also
mail a copy of complaint to defendant by first class mail. Tile 6-6-332, Code of
Alabama.
Complaint for money must be served in accordance with Rule 4, Alabama Rules of Civil
Procedure which requires service by certified mail or personal service by either
the Sheriff's office or a private process server – it cannot be posted.
ANSWER
The tenant has seven calendar days to file an answer to
complaint for possession of property. Fourteen calendar days to file an answer to
money claim (if filed in the District Court).
IF NO ANSWER FILED, an application and affidavit for default may
be filed. Filing fee for filing for default is $50.00 per defendant.
To download Application for Default Judgment (signature needs to
be notarized) Form number C-25B
CLICK HERE
To download Writ of Restitution or Possession -
Form number C-59A CLICK HERE
APPEALS
If the case is filed in the District Court, any appeal would go to the Circuit Court.
Appealed cases must be set in the Circuit Court within 60 days.
(If the case is filed in the Circuit Court, the appeal would go to the Court of
Civil Appeals.) The time for filing an appeal is seven calendar
days from the final order or from the ruling on a post-trial motion.
A post-trial motion filed before a Notice of Appeal is filed would greatly extend
the time for filing a Notice of Appeal.
Order entered by District Court Judge should set the amount of appeal bond which
would be two amounts based on past due rent and accruing rent. If the District Court
Judge fails to set a bond before Notice of Appeal to Circuit Court is filed, the
Circuit Court Judge will set bond upon filing of a motion.
In order stop the eviction while the appeal is pending, an appeal bond MUST
be posted. The bond money is paid to the Clerk of the Circuit Court. Affidavit of
Substantial Hardship does not waive the posting of this bond to stop the eviction
while the appeal is pending. If the tenant does not post a bond, it has no effect
on the appeal only on his right to possession of the property during the time the
appeal is pending.
ENFORCEMENT OF COURT ORDER
In order for property to be returned to the landlord, the landlord must file a request
for a Writ of Possession (Form C-59A). A Writ of Possession
cannot be requested until after the time for the filing of a post-judgment motion
and the appeal time has expired, which is seven days from the date of the judgment
in the District Court.
This information is being provided to you for the purpose of explaining the guidelines
and procedures of this office in the filing of Unlawful Detainer actions in the
District Court and should in no way be construed as legal advice. Should you have
any questions or need additional information, it is recommended that you see an
attorney.