http://youtu.be/f0rLToOrEy8 Our topic today is tenant eviction, and our focus is specifically on evicting in Birmingham and Jefferson County, Alabama. Evicting a tenant is a process and before you read any further it’s important that you understand I’m not an attorney. I am a professional property manager who is well-versed in Alabama’s Landlord Tenant Law. The first step in your eviction process is to post a notice. There are two types of notices: one is for nonpayment of rent, which is why people usually evict. The other is for a material breach, which means there is some sort of lease violation such as the lawn not being cut as required. The notice you will serve for nonpayment of rent is a seven day notice. The notice you serve for material breaches is a 14 day notice. The notice will basically explain the problem and state that if the tenant doesn’t fix the issue, you are going to terminate the lease. The goal is for you to post the notice and then have your tenants fix the problem. That’s the best thing that can happen. If the rent is still not paid or the problem isn’t taken care of, you will need to file a lawsuit against your tenant in the Jefferson County courthouse. Keep in mind that this lawsuit can only be filed after the notice period has come to an end. You have the wait the seven or 14 days – you cannot file anything before that. Wait for a response from the tenant because once you file, the tenant will have an opportunity to respond to your lawsuit. If there is no response, the judge will award you with a summary judgment, which is a victory. If the tenant does respond, there is a good chance that you will have to go to court. Be prepared to handle the court process because you’ll need the appropriate paperwork, information on how much the tenants owe you and specifics about the lease violation. The more prepared you are for court, the better your chances for success. Hopefully, you will win your case. When you win, the tenants are required to leave. If they don’t leave, the sheriff is going to have to make them leave. These are the high points of an eviction process. There are details involved in each step that are very important to follow. We have seen cases get thrown out in court because the paperwork wasn’t filled out correctly or the process wasn’t followed. If you have any questions about evicting tenants, or you need help with the process, please contact us at GK Houses, and we’d be happy to give you more information.
Matthew is the CEO of Evernest. He is a student of the book Good to Great and is passionate about building the best property management company on the planet (and maybe even the universe if Elon Musk will hurry up). You can usually find Matthew at the baseball field with his son, at a dance recital with his daughter, or at his favorite restaurant with his wife, when he’s not in the office. And if you can’t find him in any of those places, it probably means he’s traveling.