DISCLAIMER – READ BEFORE USING
This template is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney–client relationship. Alabama eviction law is highly technical; service mistakes or incorrect notice periods can defeat an eviction action. Always have a qualified Alabama attorney review and tailor this form to the specific facts of your matter before it is served.
ALABAMA NOTICE OF TERMINATION OF TENANCY
(Demand for Possession / Eviction Notice)
[Effective Date: [DATE]]
I. DOCUMENT HEADER
-
Parties
1.1 Landlord: [LANDLORD LEGAL NAME], an individual ☐ / entity ☐ (the “Landlord”)
Business/Service Address: [STREET, CITY, STATE, ZIP]
1.2 Tenant: [TENANT LEGAL NAME] (the “Tenant”)
Leased Premises: [UNIT#, STREET, CITY, COUNTY, AL ZIP] -
Governing Framework
This Notice is issued pursuant to the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-101 et seq. (the “Act”), and any controlling provisions of the parties’ [DATE] lease agreement (the “Lease”). -
Notice Type ☐ 7-Day Pay-or-Quit (Non-Payment)
☐ 14-Day Cure-or-Quit (Material Non-Compliance)
☐ 7-Day Unconditional Quit (Repeat/Uncurable Violation)
☐ 30-Day Termination (Month-to-Month Holdover)
☐ Other: [SPECIFY]
[// GUIDANCE: Check Ala. Code § 35-9A-421 for the correct notice category. Select ONE box only.]
II. DEFINITIONS
“Act” – The Alabama Uniform Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-101 et seq.
“Default” – The Lease violation identified in Section III.
“Notice Period” – The statutory period indicated in Section I.3, counting exclusive of the day of service and inclusive of the last day.
“Premises” – The dwelling unit described in Section I.1.2.
III. OPERATIVE PROVISIONS
3.1 Statement of Default
The Tenant is in Default as follows: [DETAILED FACTS – e.g., “Failure to pay $_, rent due on _” OR “Keeping an unauthorized pet in violation of §__ of the Lease,” etc.]
3.2 Cure / Vacate Requirement
a. If this is a Curable Default, Tenant must within the Notice Period:
i. [For Non-Payment] Pay to Landlord the total sum of $[AMOUNT], representing:
– Unpaid rent: $_
– Late fees (if permitted by Lease): $_
– Other lawful charges: $____
ii. [For Other Violations] Remedy the Default described above and provide written proof to Landlord.
b. If the Tenant fails to cure (or if this is an Unconditional Quit), the Lease shall terminate automatically at 11:59 p.m. on the last day of the Notice Period, and Tenant must surrender possession of the Premises.
3.3 Payment & Delivery Instructions
All payments shall be made by [acceptable methods] and delivered to [payment address or online portal].
3.4 Preservation of Rights
Acceptance of partial payment shall not waive Landlord’s right to proceed with eviction unless required by Ala. Code § 35-9A-421(d).
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
a. The Lease is currently in force and has not been modified except as disclosed herein;
b. All statutory notices required prior to this Notice (if any) have been given; and
c. The amounts claimed are true, correct, and lawfully due.
4.2 Tenant makes no representations in this Notice; all Lease warranties remain in effect.
V. COVENANTS & RESTRICTIONS
5.1 Tenant shall:
a. Comply with the Act and all municipal housing codes;
b. Maintain the Premises as required under the Lease; and
c. Immediately notify Landlord upon full cure of any Default.
5.2 Tenant shall not:
a. Commit waste or nuisance;
b. Interfere with peaceful enjoyment of other tenants; or
c. Retaliate against Landlord for lawful exercise of rights.
VI. DEFAULT & REMEDIES
6.1 Events of Default – Any failure to cure as outlined in Section III.2.
6.2 Remedies (non-exclusive):
a. Initiation of an unlawful detainer action in the [NAME OF COUNTY] District Court;
b. Recovery of past-due rent, holdover damages, court costs, and attorney’s fees as allowed by the Lease and the Act;
c. Issuance and execution of a writ of possession.
[// GUIDANCE: Alabama law allows recovery of “reasonable attorney fees” if the Lease so provides. Insert specific Lease section reference, or omit if none.]
VII. RISK ALLOCATION
(Not applicable – Indemnification and liability caps are expressly inapplicable per provided metadata.)
VIII. DISPUTE RESOLUTION
8.1 Governing Law – State of Alabama (without regard to conflicts principles).
8.2 Forum Selection – Exclusive jurisdiction lies in the state housing (district) court for the county in which the Premises are located.
8.3 Arbitration – Not available for eviction matters under Alabama law.
8.4 Jury Waiver – Tenant retains constitutional right to jury trial; Landlord shall request bench trial where permitted.
8.5 Injunctive Relief – Landlord reserves the right to seek immediate possession as statutory injunctive relief.
IX. GENERAL PROVISIONS
9.1 Amendments – Must be in a writing signed by both parties.
9.2 Severability – Invalid provisions shall be severed; remainder to remain in full force.
9.3 Entire Agreement – This Notice, together with the Lease, constitutes the entire understanding regarding the Defaults stated herein.
9.4 Counterparts – This Notice may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
9.5 Delivery of Notice – Service shall be made in strict conformity with Ala. Code § 35-9A-141, by:
a. Personal delivery to Tenant; OR
b. First-class mail to the Premises; AND if returned undelivered,
c. Posting in a conspicuous place at the Premises.
X. EXECUTION & CERTIFICATE OF SERVICE
IN WITNESS WHEREOF, the Landlord has executed this Notice on the Effective Date written above.
[LANDLORD NAME]
Title (if entity): _______
Date: ____
Certificate of Service
I, [NAME OF PERSON SERVING NOTICE], certify under penalty of perjury that on [DATE] I served this Notice upon the Tenant by:
☐ Personal delivery ☐ First-class mail ☐ Posting (after mail returned)
Signature: ____
Printed Name: ___
Address: ____
Phone: _______
[// GUIDANCE: Retain proof of service (e.g., USPS receipt, photo of posting). Failure to comply with service rules is a common ground for dismissal of eviction actions in Alabama.]
END OF TEMPLATE