All Housing/Apartments Matters

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Section 35-9-6

Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:

"To A. B.:

(Code 1923, §8823; Code 1940, T. 31, §6.)

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Section 35-9-7

Service of demand or notice.

(a) Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person above the age of 18 years, residing on or in possession of the premises; and in case no one is in the actual possession of said premises, then by posting the same on the premises.

(b) When any such demand is made or notice served by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated.

(Code 1923, §§8824, 8825; Code 1940, T. 31, §§7, 8.)

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Section 35-9-80

Demand for premises.
Repealed by Act 2006-316, §3, effective January 1, 2007.

In all cases where a tenant shall hold possession of lands or tenements over and beyond the term for which the same were rented or leased to him, or after his right of possession has terminated or been forfeited, and the owner of the lands or tenements shall desire possession of the same, such owner may by himself, his agent or attorney-in-fact or attorney-at-law demand the possession of the property so rented, leased, held or occupied; and if the tenant refuses or omits to deliver possession when so demanded, the owner, his agent or attorney-at-law or attorney-in-fact may go before the district court in the county in which the land lies, and make oath of the facts.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §35.)

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Section 35-9-81
Issuance of writ or process.
Repealed by Act 2006-316, §3, effective January 1, 2007.

When the affidavit provided for in section 35-9-80 shall be made, the district court before whom it was made shall grant and issue a writ or process directed to the sheriff or his deputy or any lawful constable of the county where the land lies, commanding and requiring him to deliver to the owner or his representative full and quiet possession of the lands or tenements mentioned in the affidavit, removing the tenant with his property found thereon away from the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §36.)

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Section 35-9-84
Arrest of proceedings.
Repealed by Act 2006-316, §3, effective January 1, 2007.

The tenant may arrest the proceedings and prevent the removal of himself and goods from the land by declaring on oath that his lease or term of rent has not expired, and that he is not holding possession of the premises over and beyond his term, or that his right of possession has not terminated or been forfeited, and that he still has a good and lawful right to the possession of said premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §37.)

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Section 35-9-85
Trial upon delivery of counter affidavit.
Repealed by Act 2006-316, §3, effective January 1, 2007.

If the counter affidavit provided in section 35-9-84 be made and delivered to the sheriff or deputy sheriff or constable, the tenant shall not be removed, but the officer shall immediately return the proceedings to the court which issued said writ or process, and the fact or facts in issue shall be there tried by said court, and shall stand for trial on the third day after the delivery to said sheriff or deputy sheriff or constable of such counter affidavit, Sundays and legal holidays excepted.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §39.)

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Section 35-9-86
Judgment for landlord.
Repealed by Act 2006-316, §3, effective January 1, 2007.

If the issues specified in section 35-9-85 shall be determined against the tenant, judgment shall go against him, and the movant or plaintiff shall, after the expiration of one day after judgment, have a writ of possession and, without further delay, be by the sheriff, deputy or constable placed in full possession of the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §40.)

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Section 35-9-87
Appeals.
Repealed by Act 2006-316, §3, effective January 1, 2007.

(a) Any party may appeal from a judgment entered against him by any district court, to the circuit court, at any time within one day after the entry thereof, and such appeal and the proceedings thereon shall in all respects be governed by the law relating to appeals from district courts.

(b) An appeal does not prevent the issuance of a writ of restitution or possession unless the defendant also executes a supersedeas bond with sufficient sureties, payable to the sheriff, in the sum of twice the yearly value of the rent of the premises, to be ascertained by the court, with condition to pay the plaintiff all such damages as he may sustain by the prosecution of the appeal.

(c) Upon the trial in circuit court, the judgment, if against the appellant, must be entered against him and the sureties on the appeal bond, including the costs in both courts, and if the appeal was taken by the defendant, and a supersedeas bond was executed, a writ of restitution or possession must be awarded, and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises, pending the appeal.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §§41-43.)

PS.

SL: Appeal within one day - that is Draconian and lizzard-like.

Even if a Tenant is not an angel, he/she deserves more
than one day to appeal.

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http://www.arisecitizens.org/Landlor...%205-19-06.pdf

The law also prohibits retaliatory action by a landlord.

Prior to the new law, the process for eviction varied
from court to court around the state. One of the goals
of landlords in negotiating this statute was to put into place
a consistent, streamlined process for all of Alabama. Under
the law, a landlord must provide seven days’ written notice
of an intent to evict for non-payment of rent (14 days’
written notice is required for an eviction for other reasons).

If the tenant has not complied in the specified time, the
landlord may then file with the court an action for eviction.
Upon formal notice of this filing, the tenant has seven days
to file an answer to the court. Once the court has ruled, any
appeal of the ruling must be filed within seven days.

Seven day appeal from one day is a tiny improvement
but, still, draconian as, even in the corrupt courts
of New York, it is 30 days -not 7!

Alabama, Alabama... I thought South would be fair...

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Browse these two first.

http://www.arisecitizens.org/The%20Alabama%20Tenants'%20Handbook%20final.pdf


http://www.arisecitizens.org/Tenant%...re%20final.pdf

The main link is here:

The Law:

http://www.arisecitizens.org/HB287-enr.pdf

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