A landlord or property owner may choose to evict for several reasons. However, all tenants have rights that can protect them from illegal actions by their landlord. Consult this guide to Alabama’s eviction policies below before contacting a lawyer.

How Can Tenants Defend Themselves From Eviction 

What Does the Landlord Have to Prove?

Alabama state laws don’t allow landlords to evict without reason. The landlord must prove that the tenant has broken the rules of the rental agreement by failing to pay rent, violating the lease, or using the apartment for illegal activity.

What is the Protocol for Filing Eviction Paperwork?

To avoid involving lawyers, landlords try to settle tenant disputes by using a “notice system.”

A tenant is given a notice that they have seven days to pay their back rent or cease activities that violate the lease. If the tenant does not remedy the situation, the landlord will escalate the process by hiring a lawyer and filing an eviction lawsuit.  

However, if the tenant has used the property for illegal activity (including drug possession, drug use, and violence), the landlord can file for eviction without providing a seven-day notice warning.

What Options Do Tenants Have?

Since Alabama evictions move very quickly, a tenant should immediately hire a lawyer to represent them. This draws out the legal process, allowing the tenant to stay on the property while the lawyers investigate if the eviction was legal. If the landlord is attempting to evict due to discrimination based on sex, age, religion, or race, the eviction would be found unlawful.

Evictions are also unlawful if they are retaliatory. If the tenant makes a complaint regarding the building’s health or safety, and the landlord responds by raising the rent or attempting eviction, this would be considered retaliation.

Other illegal retaliatory actions include: making changes to the lease the tenant hasn’t agreed to, harassing or threatening actions, filing for eviction to force the tenant to move, or by blocking necessary services (such as cutting off gas, electricity, or refusing to make repairs to the property). If the court determines a landlord retaliated against a tenant, the tenant will be allowed to remain on the property or be awarded three months’ worth of rent.

If you are going through an eviction and need help, contact Daniel H. Craven, P.C. He handles all his clients personally and provides 24/7 legal advice. Craven is an experienced lawyer and trusted member of the Gulf Shore, Alabama community, where he has represented commercial and residential clients for nearly 20 years. If you are in need, Craven offers legal expertise in several fields, including criminal defense, construction, and real estate litigation. For a full list of his services, refer to his website. To schedule a consultation, call (251) 968-8170.