Evictions

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November 26, 2024

Client Story

Eviction is the process by which someone is removed from a home that they rent or otherwise stay at. You might be evicted for missed rent, for breaking terms of the lease, or simply because the landlord wants you to leave. You have legal rights during an eviction, and ways to represent yourself.

Context

The legal term for eviction is Unlawful Detainer. An eviction occurs after your lease has been terminated by your landlord, either because the lease ended or because you broke your lease in some way. This usually happens when you’ve fallen behind on rent, but can happen for other reasons as well.

Requirements

You will need

  • Any documents you have received from your landlord, including:
    • Lease termination notice – also known as:
      • 7-day Notice
      • Pay or Quit Notice
    • Court papers for the unlawful detainer
  • An Answer form
  • Any evidence you have in support claims you will make, or to defend against claims your landlord has made. This can include:
    • Your lease
    • Pictures of any damages
    • Rent receipts
    • Text messages, emails, or letters from your landlord
    • A ledger
    • Eyewitnesses

Steps

Step 1: The Lease Termination Notice

The first step of an eviction is a Lease Termination Notice
.
The landlord must tell you why you are being evicted.

If the eviction is for not paying rent, the notice must tell you how much rent you owe. The landlord must give you at least 7 business days to pay your rent.

This is the only step in the process where the landlord must accept the balance if you try to pay it in full. They do not have to accept partial payments.

Your rent is late based on the date of the month specified in your lease. If your rent is considered late on the 5th, for instance, they can send you a 7-day Lease Termination Notice on the 6th
.
If you are being evicted for something other than nonpayment, the notice must tell you what it is with enough detail. You must usually be given 7 business days to fix the issue. If the issue threatens the health or safety of other tenants then you will still be given 7 business days, but in some cases, you may not have a right to keep your lease by fixing the issue.

Step 2: File an Answer to the Unlawful Detainer

If the issue the landlord reports to you isn’t fixed within 7 business days, or if rent they’ve notified you is due is not paid within 7 business days, then the landlord can file an Unlawful Detainer in court.

The court papers will likely be posted on your door. You only have 7 calendar days—not business days—to file an answer. An answer is a written response. It must be delivered to the courthouse within 7 days.

Here is an example answer form. If the papers were only posted to your door, and not handed to you or anyone who lives with you, then make sure you check box “e” which states that this was the case; this may be important in court.

If you cannot print out that form, you can file any other document which states “I deny everything and demand proof.” You typically do not have to include very much information on your answer; it’s simply a chance to tell the court the position you will take. It is better to avoid long statements, and to bring any proof you have to your hearing rather than try to explain it in your answer.

Filing an answer is the most important part of protecting yourself during an eviction. If you do not file an answer, the landlord will get a “default judgment” against you. You will NOT get a court date. They will be able to evict you, and you will never get a chance to tell your side of the story.

It is critical that you file an answer.

Step 3: Attend Your Court Date


Your court date is your day in court. Courts will typically not move the court date, so you must attend. If you don’t, the court will rule against you and it will be difficult, if not impossible, to get another court date.

Defenses

Certain things are not defenses to nonpayment of rent under Alabama law.

For instance: under Alabama law, you are not allowed to withhold rent because your landlord failed to make repairs to the property. If you bring up repairs at your hearing, you will probably not be successful.

Some things which are valid defenses to evictions include:

  1. Not receiving a proper lease termination notice. Always ask the landlord to produce the notice.
  2. Sending an improper lease termination notice:
    1. Not giving you 7 business days to pay your balance
    2. Not telling you that you can pay your balance (your Right to Cure)
    3. Stating that you owe an incorrect amount that you can prove is wrong
  3. Accepting rent from you after sending the notice or filing the eviction.

Settlement

The court will most likely give you the opportunity to go outside and speak to the landlord or their lawyer. It is polite to attempt to do so, and you should do so when prompted by the judge even if you do not intend to settle. You do not have to settle your case at this point. If the landlord makes you an offer simply let you move and you want to do so, you may choose to; however, that choice is yours to make, and you have every right to continue with your court date if you can’t agree on terms of a settlement.

If you want to pay your balance and stay, you should be prepared to pay as much of it as possible by your court date. Landlords do not have to make a payment plan with you, and many simply won’t. If you can pay your entire balance relatively soon after the hearing, they may agree to accept the money and drop the eviction.

If you settle your case, the court may enter a “Consent Judgment.” You should ask the court to include the terms of the settlement in the court order. You will NOT have a trial and will not get to speak to the judge, other than to tell them what the agreement is. You will not present any evidence to the court.

Evidence

You should come to court prepared with any evidence that you have. Evidence can include:

  • Rent receipts
  • Pictures
  • Eyewitness testimony
  • Emails, text messages, or letters

Trial

If you do not settle your case, then the trial will be held on the day of your court date. The court will hear evidence and testimony from both sides. Be prepared to tell the court in a calm, rational manner what happened.

Never interrupt the judge, the other lawyer, or any witnesses.Always remain calm and respectful. If you don’t, it will only hurt your case. Remember that afternoon television depictions of court proceedings are often unrealistic; in reality, all parties are expected to be courteous to one another, and all parties will be given an equal chance to speak and make their case.

The court will make a decision on your case. Some judges will tell you their decision that day; others will send their decision to you by mail. Make sure the clerk’s office has your updated address.

Step 4: Next Steps or Appeal

If you win, the court will dismiss the eviction, and you will be allowed to stay where you live. If the eviction is dismissed because the notice was incorrect, but you still owe money, the landlord may still try to evict you. In this case, you might be able to make a deal with them to prevent another eviction attempt.

If you lose, the court will enter a judgment against you.

You have 7 calendar days to file an appeal if you want to challenge the outcome of the case. In order to appeal, you must also pay an Appeal Bond. The appeal bond is equal to the amount of rent which has come due since the eviction was filed. The court’s order should say how much rent must be paid in order to appeal. You would need to pay that amount in cash to the clerk’s office within 7 days.

If you are able to appeal, your case will be heard again in the county’s Circuit Court. You will get a brand new trial.

If an appeal is not filed, after 7 days, a Writ of Possession will be issued. This document is sent to the sheriff’s department. They are authorized to do a set-out: a scheduled occasion where they will visit the property and enforce the eviction.

Step 5: Monetary Claims

When a landlord files an eviction against you, they can sue you for two things:

  1. Possession (getting their property back; that is, making you leave)
  2. Monetary claims (for back rent, damage to the property, etc.)

Some landlords only want possession and won’t pursue any money. Others will handle possession and money claims at the first court date. Other times, the landlord may get possession back and then later try to sue for money.

The court may enter a Money Judgment against you. This is a court order that states you legally owe money. (This is different than the court determining how much the appeal bond is – that is, the amount that has to be paid for you to appeal.)

If a judgment is entered against you, the landlord can try to garnish your wages or seize your assets in the future. You may be able to protect your assets or wages. See some of our other Legal Action Plans for more information on that.

If the landlord pursues the money claims later, you may receive another court date. Generally, you must be personally served in order for the landlord to sue you for money. That means the court papers must be handed to you or someone living with you. Service by posting the notice on the door is enough for them to get possession—that is, to have you removed from the property—however, if they want to sue you for money, they must personally serve you or a household member.

If you were only served by posting, you may not want to bring anything the landlord owes you money for. If you do, you may be waiving your rights and it may make it easier for them to sue you for the money owed.

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