Alabama Eviction / Unlawful Detainer Complaint (Statement of Claim)

COMPLAINT FOR EVICTION (UNLAWFUL DETAINER) — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and Premises
4. Predicate Notice and Termination
5. Count I — Possession (Unlawful Detainer)
6. Count II — Rent and Lawful Charges (if pursued)
7. Count III — Holdover Damages (if applicable)
8. Count IV — Attorney's Fees and Costs
9. Prayer for Relief
10. Verification
11. Demand for Trial; Service Information
12. Signature Block
13. Certificate of Service / Filing
14. Exhibit List
15. Alabama Practice Notes
16. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, ALABAMA

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR EVICTION (UNLAWFUL DETAINER), RENT, MONETARY DAMAGES, AND OTHER RELIEF

COMES NOW Plaintiff, by and through undersigned counsel (or pro se if authorized), and complaining of Defendants pursuant to Ala. Code § 35-9A-461, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff is [LANDLORD NAME], a ☐ natural person residing at ☐ corporation organized under the laws of ☐ limited liability company organized under the laws of [________________________________], with a principal place of business at [________________________________].

2.2. Plaintiff is the ☐ owner ☐ landlord ☐ duly authorized property manager / agent for the owner of the premises described in Section 3.

2.3. Defendant [TENANT NAME] ("Tenant") is an adult resident of [________________________________] County, Alabama, who occupies the Premises as tenant.

2.4. Defendant "All Other Occupants in Possession" are joined to ensure complete relief in possession against any unauthorized occupants in possession of the Premises.

2.5. Subject-matter jurisdiction. This Court has subject-matter jurisdiction under Ala. Code § 12-12-30(b)(2) (district court jurisdiction over unlawful detainer regardless of amount in controversy) and over the monetary claims under § 12-12-30(a)(1) ($20,000 limit). The action is brought under Ala. Code § 35-9A-461.

2.6. Venue. Venue is proper in this Court under Ala. Code § 35-9A-461(a) because the Premises are located in [________________________________] County, Alabama.

2.7. Personal jurisdiction. Defendants are subject to personal jurisdiction in Alabama because they reside in or occupy real property in [________________________________] County, Alabama.

3. THE TENANCY AND PREMISES

3.1. Premises. The premises (the "Premises") are located at:

Street address: [________________________________]

Unit / apartment: [________________________________]

City: [________________________________] County: [________________________________] AL ZIP: [____________]

3.2. Rental agreement. On or about [__/__/____], Plaintiff (or Plaintiff's predecessor in interest) and Defendant Tenant entered into a:

☐ Written lease, a true and correct copy of which is attached as Exhibit A;

☐ Oral rental agreement;

☐ Holdover periodic tenancy following expiration of a written lease dated [__/__/____].

3.3. Tenancy type and term.

☐ Month-to-month tenancy

☐ Week-to-week tenancy

☐ Fixed term ending [__/__/____]

3.4. Periodic rent. Rent of $[____________] per ☐ month ☐ week is due on the [____] day of each ☐ month ☐ week.

3.5. AURLTA applicability. AURLTA, Ala. Code § 35-9A-101 et seq., governs this tenancy because: (a) the Premises are a "dwelling unit" used as a residence by Defendant; and (b) the rental agreement is not within any of the exceptions enumerated in Ala. Code § 35-9A-122. ☐ Alternative: this tenancy is governed by Ala. Code § 35-9-1 et seq. (pre-AURLTA chapter) and the unlawful detainer provisions at Ala. Code § 6-6-310 et seq. ☐ Alternative: this is a mobile-home park lot tenancy governed by Ala. Code § 35-9-101 et seq.

3.6. Possession. Defendants are currently in possession of the Premises.

4. PREDICATE NOTICE AND TERMINATION

4.1. Predicate notice served. On [__/__/____], Plaintiff served Defendant Tenant with a written [describe notice type] notice (the "Notice"), a true and correct copy of which is attached as Exhibit B.

4.2. Type of notice (check one).

☐ Seven (7) day Notice to Pay Rent or Quit under Ala. Code § 35-9A-421(b) (nonpayment of rent in the amount of $[__________])

☐ Fourteen (14) day Notice to Cure or Quit under Ala. Code § 35-9A-421(a) (material noncompliance described in Exhibit B)

☐ Seven (7) day Notice of Termination under Ala. Code § 35-9A-421(c) (substantially same breach within six months)

☐ Seven (7) day unconditional Notice for non-curable breach (intentional misrepresentation in application; illegal drug activity; criminal assault; firearm offense)

☐ Thirty (30) day Notice of Termination of month-to-month tenancy under Ala. Code § 35-9A-441(a)

☐ Seven (7) day Notice of Termination of week-to-week tenancy under Ala. Code § 35-9A-441(a)

☐ Notice issued under Ala. Code § 35-9-3 / § 6-6-310 (non-AURLTA tenancy)

4.3. Service of notice. The Notice was served on Defendant Tenant on [__/__/____] by:

☐ Personal hand-delivery

☐ Hand-delivery to a person of suitable age at the Premises

☐ Posting on the Premises plus first-class mail

☐ U.S. certified mail, return receipt requested

☐ U.S. first-class mail

A Proof of Service is included with Exhibit B.

4.4. Failure to comply. Defendant Tenant failed to (check all that apply): ☐ pay the rent demanded ☐ cure the material noncompliance ☐ vacate the Premises by the termination date specified in the Notice ☐ otherwise comply.

4.5. Termination. Pursuant to the Notice and Ala. Code § 35-9A-421 / § 35-9A-441, the rental agreement terminated on [__/__/____].

4.6. Holdover. Defendants have remained in possession of the Premises after the termination date without Plaintiff's consent and against Plaintiff's express demand for possession.

4.7. Conditions precedent. All conditions precedent to filing this action under AURLTA, the Alabama Rules of Civil Procedure, the rental agreement, and Alabama law have been performed, satisfied, excused, or waived.

5. COUNT I — POSSESSION (UNLAWFUL DETAINER)

5.1. Plaintiff incorporates paragraphs 1.1 through 4.7 as if fully set forth herein.

5.2. Plaintiff is entitled to immediate possession of the Premises pursuant to Ala. Code § 35-9A-461.

5.3. Defendants have unlawfully detained the Premises since [__/__/____], the termination date.

5.4. Plaintiff has been damaged by the unlawful detainer in the amount of the reasonable rental value of the Premises ($[__________] per ☐ day ☐ month) for the period of unlawful detainer.

WHEREFORE, as to Count I, Plaintiff demands judgment against Defendants for possession of the Premises and for issuance of a writ of restitution / writ of possession.

6. COUNT II — RENT AND LAWFUL CHARGES (IF PURSUED)

6.1. Plaintiff incorporates paragraphs 1.1 through 4.7.

6.2. Defendant Tenant has failed and refused to pay rent and other lawful charges in the following amounts:

6.3. Plaintiff continues to incur damages of $[__________] per ☐ day ☐ month from the filing date through the date of judgment and surrender of possession.

WHEREFORE, as to Count II, Plaintiff demands judgment against Defendant Tenant for the total amount of unpaid rent and lawful charges through judgment, with prejudgment interest at the legal rate.

7. COUNT III — HOLDOVER DAMAGES (IF APPLICABLE)

7.1. Plaintiff incorporates paragraphs 1.1 through 4.7.

7.2. Defendant Tenant's holdover after the termination date is willful and not in good faith.

7.3. Pursuant to Ala. Code § 35-9A-441(c), Plaintiff is entitled to recover an amount up to three (3) months' periodic rent, or actual damages sustained, whichever is greater.

7.4. Three months' periodic rent is $[____________]. Plaintiff's actual damages are $[____________].

WHEREFORE, as to Count III, Plaintiff demands judgment against Defendant Tenant for $[____________] in holdover damages.

8. COUNT IV — ATTORNEY'S FEES AND COSTS

8.1. Plaintiff incorporates paragraphs 1.1 through 4.7.

8.2. Plaintiff is entitled to reasonable attorney's fees pursuant to:

☐ Lease § [____] (contractual fee provision); and/or

☐ Ala. Code § 35-9A-441(c) (willful holdover); and/or

☐ Ala. Code § 35-9A-461(e) (action for eviction; recovery of attorney's fees authorized).

8.3. Plaintiff is entitled to court costs under Ala. R. Civ. P. 54(d).

WHEREFORE, as to Count IV, Plaintiff demands reasonable attorney's fees and all costs of court.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:

A. Possession of the Premises and issuance of a writ of restitution / writ of possession, with the seven-day stay under Ala. Code § 35-9A-461(c) noted;

B. Money damages in the amount of $[____________] for unpaid rent and lawful charges through the date of judgment, plus per-diem rent thereafter at $[__________] per day until surrender of possession;

C. Holdover damages under Ala. Code § 35-9A-441(c) in the amount of $[____________] (if applicable);

D. Reasonable attorney's fees and court costs;

E. Prejudgment and postjudgment interest at the rates allowed by law;

F. Such other and further relief as the Court deems just and proper.

10. VERIFICATION

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

Signature: [________________________________]

Printed name and title: [________________________________]

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

Notary signature: [________________________________]

Notary printed name: [________________________________]

My commission expires: [__/__/____] [Notary Seal]

11. DEMAND FOR TRIAL; SERVICE INFORMATION

11.1. Trial setting. Plaintiff respectfully requests that the Court set this matter for trial as a preferred case in accordance with Ala. Code § 35-9A-461(b).

11.2. Defendant's response deadline. Defendant is informed and notified that, pursuant to Ala. R. Civ. P. 12(dc), Defendant must serve a written answer within SEVEN (7) CALENDAR DAYS after service of process. Saturdays, Sundays, and legal holidays are NOT excluded for this seven-day period. Failure to answer may result in default judgment for possession.

11.3. Service address for Defendant.

Tenant address (for service): [________________________________]

Premises address (alternative service): (see Section 3.1)

11.4. Service options under Ala. Code § 35-9A-461(b). Plaintiff requests service by:

☐ Sheriff or constable (personal service per Ala. R. Civ. P. 4)

☐ Private process server

☐ Substituted service: leave with person sui juris residing on the Premises

☐ Posting on door of Premises plus first-class mail (after reasonable effort to locate)

12. SIGNATURE BLOCK

Respectfully submitted this [____] day of [__________], 20[____].

[________________________________]

[ATTORNEY NAME], Esq.

Alabama Bar No.: [____________]

[FIRM NAME]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Attorney for Plaintiff [LANDLORD NAME]

13. CERTIFICATE OF SERVICE / FILING

I certify that on this [____] day of [__________], 20[____], I filed the foregoing Complaint with the Clerk of the District Court of [________________________________] County, Alabama, and requested that the Clerk cause the same to be served on Defendants by the method(s) selected in Section 11.4.

[________________________________]

Counsel / Plaintiff

14. EXHIBIT LIST

15. ALABAMA PRACTICE NOTES

15.1. Form vs. custom complaint. Many Alabama district court clerks provide a fillable "Statement of Claim — Eviction / Unlawful Detainer" form (e.g., Mobile County 13th Judicial Circuit form; Russell County form; Alabama AOC small-claims forms). Use the local form when feasible; attach this complaint as a supplement when the local form is too constrained.

15.2. Filing fees. District court filing fees vary by county (commonly $200–$300, with sheriff service fees additional). Verify with the local clerk.

15.3. Default standard. If the tenant fails to file an answer within seven calendar days, the landlord may move for default on the possession count. The money count (if joined) typically gets fourteen days under Rule 12(dc) commentary; verify locally.

15.4. CARES Act. For "covered dwellings" (federally-subsidized or with federally-backed mortgages), confirm a 30-day notice to vacate has been served before filing nonpayment-based eviction. Recent Alabama rulings have dismissed for failure to plead CARES Act compliance.

15.5. Section 8 / HCV nonpayment. If a Housing Choice Voucher tenant has tendered the tenant portion but the PHA has not paid the HAP portion, courts in Alabama have held that the landlord may not evict for the HAP balance — it is owed by the PHA, not the tenant. Plead with care.

15.6. Acceleration clauses. Acceleration of unpaid future rent is generally disfavored under AURLTA where the landlord retakes possession; the landlord has a duty to mitigate. Be prepared to show mitigation efforts.

15.7. Joinder of money claim. Joining the money claim with the possession claim is permitted and economical. If money damages exceed $20,000, file in circuit court under § 12-12-30.

15.8. Bankruptcy stay. A pre-judgment bankruptcy filing by the tenant triggers the automatic stay (11 U.S.C. § 362). Obtain stay relief under § 362(b)(22)/(23) or move for relief under § 362(d) before continuing.

15.9. No self-help. Do not change locks or shut off utilities. Self-help during the pendency of the action will likely give rise to a counterclaim under Ala. Code § 35-9A-407.

15.10. Mobile-home parks. If the case involves a tenant who owns the mobile home and rents the lot, it is governed by Ala. Code § 35-9-101 et seq. Notice and procedural requirements differ.

16. SOURCES AND REFERENCES

• Ala. Code § 35-9A-101 et seq. — AURLTA.
• Ala. Code § 35-9A-122 — Exceptions to scope.
• Ala. Code § 35-9A-141 — Definitions.
• Ala. Code § 35-9A-161 — Notice; service.
• Ala. Code § 35-9A-201 — Security deposits.
• Ala. Code § 35-9A-204 — Landlord to maintain premises.
• Ala. Code § 35-9A-301 — Tenant to maintain premises.
• Ala. Code § 35-9A-407 — Self-help bar; tenant remedies.
• Ala. Code § 35-9A-421 — Cause-based termination notices.
• Ala. Code § 35-9A-441 — Periodic tenancy; holdover damages.
• Ala. Code § 35-9A-461 — Landlord's eviction action.
• Ala. Code § 35-9A-501 — Retaliatory conduct prohibited.
• Ala. Code § 35-9-1 et seq. — Pre-AURLTA tenancy provisions.
• Ala. Code § 35-9-101 et seq. — Mobile-home park tenancies.
• Ala. Code § 6-6-310 et seq. — Statutory unlawful detainer.
• Ala. Code § 12-12-30 — District court civil jurisdiction.
• Ala. Code § 24-8-1 et seq. — Alabama Fair Housing Law.
• Ala. R. Civ. P. 4 — Service of process.
• Ala. R. Civ. P. 6(a) — Computation of time (eviction carve-out).
• Ala. R. Civ. P. 8 — Claims for relief.
• Ala. R. Civ. P. 11 — Signing of pleadings.
• Ala. R. Civ. P. 12(dc) — Seven-day answer in district-court possessory actions.
• Ala. R. Civ. P. 38 — Demand for jury trial.
• Ala. R. Civ. P. 54(d) — Costs.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.
• 24 C.F.R. § 982.310 — Termination of Section 8 HCV tenancy.
• 15 U.S.C. § 9058 — CARES Act 30-day notice-to-vacate.