Alabama Commercial Eviction Process (Unlawful Detainer)

Removing a business tenant requires following formal legal procedures under the Code of Alabama 1975. Before filing an unlawful detainer action, you must issue a mandatory commercial eviction notice in Alabama—specifically a 10-day statutory demand for possession—to demand the return of the premises.

Drafting the Notice to Quit

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Code of Alabama 1975, Title 6, Chapter 6, Article 8Preview unavailable. Landlords must always ensure their lease agreements directly adhere to this state code.

Before you can file an eviction lawsuit (unlawful detainer under Code of Alabama § 6-6-310), you must deliver a written 10-day demand for possession as required by Ala. Code § 6-6-332(a). This 10-day notice is a mandatory prerequisite for the court's jurisdiction, regardless of any shorter notice-to-cure periods specified in your lease agreement.

You must deliver this notice according to statutory requirements. Under Ala. Code § 6-6-332(b), the demand must be served by personal delivery to the tenant. If the tenant cannot be found, service may be achieved by leaving a copy with a person of suitable age residing on the premises or by posting a copy in a conspicuous place on the premises and mailing a copy via first-class mail on the same day.

Abandoned Business Equipment

If a tenant realizes they are losing the eviction lawsuit and abandons the property, they might leave inventory or heavy machinery behind. Commercial abandoned property is not governed by the residential 14-day disposal rule; instead, you must follow the specific "abandonment" or "default" clauses within your commercial lease.

In the absence of specific lease provisions, Alabama common law dictates that the landlord acts as a constructive bailee. You must provide reasonable notice to the tenant before disposing of or selling the equipment to avoid liability for conversion or wrongful destruction of property.

Staying Updated on Alabama Property Laws

Keeping up with exactly how these rules evolve is vital to protecting your investment. Alabama regulations and local housing ordinances can shift, meaning what is perfectly legal today might require a new lease addendum tomorrow. Always ensure your rental operations align with the most recent local guidelines and statewide precedents to avoid easily preventable compliance fines and prolonged disputes with renters.

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