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Updated over 5 years ago on . Most recent reply
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Timeline for Eviction in Alabama
I'm a new landlord with about 3 years experience. I have 11 rentals and have had a great experience with all tenants with one exception, the eviction I'm working on right now! I thought I'd post the eviction updates as they passed thru the court system as I had no idea how long an eviction took before I started this process.
1) 5/1/2018 Served 30 day "Notice of Non-Renewal" for month to month lease. (For non payment its only 7 days). This is a form that you create yourself that just says your not renewing the lease.
1) 6/5/2018 filed a form called "unlawful detainer" ($220 filing fee + $50 misc fees, $270 total) with Court. It's basically a lawsuit saying that the tenant is unlawfully occupying the home after the lease expired.
2) 6/22/2018 Received "Notice of service response". The court hired a process server to serve tenant, the tenant had 7 days to respond, she did not respond.
3) 7/9/2018 Because notice went uncontested I filed “application for entry of default judgment”
4) 8/13/2018 Default Judgement signed by the Judge.
5) 8/21/2018 filed "Writ of Possession" (Min Seven days waiting period after default judgment signed)
6) 8/24/2018 Writ of Possession signed by the Judge. Waiting on Sherrif for SET-OUT
7) TBD Acutal Set out
Ive been told that the actual set-out can take "6 weeks or so" to occur, it's basically when the sheriff gets around to it. This has been a learning experience! If you ever see anyone with an eviction on their credit keep in mind they most likely went 5-6 months without paying rent.
I wish you all on time rent payments and profitable flips!
Randy
Most Popular Reply
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@Randy D Visser, you can save time by hiring an independent process server for "nail and mail" service you can get the same day you file your lawsuit. If the judge did not sign your application for default until August 13th, that's pretty incredible. Did you ask for damages, or just the writ of possession? The 7 day waiting period is the appeal time, so that always has to expire before you get the writ. Jefferson County has a big back log for set outs. I'm hearing 2-3 months. Might be a good time for cash for keys. I know it really chaps you to do that, but it might be necessary. Thanks for sharing your experiences with everyone! I know it really helps to hear this from someone who is currently going through it.