How do I legally evict commercial tenants in Alabama?

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Question:

How do I legally evict commercial tenants in Alabama?

Answer:

Commercial eviction law in Alabama dictates that a commercial tenant must be evicted following proper procedure. The basics will vary depending on the signed lease agreement, but the general steps for such an eviction are as follows:

  • Landlords must give the tenants written notice before filing for an eviction. The notice must explain to the tenants the reason for the eviction. Notices must be issued in one of two capacities: a 7-day notice for unpaid rent, or a 14-day notice for breach of lease (other than failure to pay rent).
  • After notice is properly issued, the landlord can go ahead and file for the eviction with the local court. Depending on the circumstances, the eviction may be carried out with the assistance of the sheriff (if the landlord requests).

In all steps of the eviction it's key to follow the law; if you have questions, you should consult with an experienced lawyer who specializes in Alabama real estate law and/or consider asking at the county offices. Any failure to follow the proper procedure allows the tenants the possibility of suing for damages, and the landlord can be held directly responsible for this. Never attempt evictions outside of the written laws, i.e. do not change locks, turn off utilities, or otherwise attempt to force tenants out of the premises. Doing so, even if they owe you rent money, is against the law and you could find yourself in legal trouble just for trying to get back the property that belongs to you.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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