Timeline for Eviction in Alabama

[Randy D Visser]

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

[Denise Evans]

@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.

[Randy D Visser]

@Denise Evans I may try the cash for keys, I considered that but I kept thinking I was so close I might as well stick it out. His is my first one so not sure if my experience was normal

[Denise Evans]

What county?

[Randy D Visser]

Jefferson County 

[Randy D Visser]

Update - I offered 1000 cash for keys by Text and Email with no response. I guess I'll just wait it out. 

[Carlos Cristiani]

Hi! I know this is an old thread, but I am looking at some opportunities in Alabama and I am curious about how this story evolved.

[Randy D Visser]

The Jefferson County Sheriff never executed the set out, I finally settled with the tenant on 10/15/2018 and paid her $500 to leave and called her an uber to take her to a hotel  because her car got repossessed. She only left because I showed her the eviction notice and told her the sheriff was coming anyday. I was shocked at the lack of action at the Sheriffs office. I thought the court order was the hard part, but even with a signed eviction order by the judge you still need the sheriff to execute it. I let the foreclosure notice stay open until 1/8/2019 when I got a new tenant in there and still not a word from the sheriff. I finally had to get the foreclosure order dismissed because I didn't want them to evict my new tenant on accident. This is my last rental in Jefferson county. 

[Steve Gregory]

Yes, I'm a small landlord in Jefferson County also. It's wrong, simply wrong, that the sheriff takes 3 months to do the set-out. Other counties do it so much faster. I have inquired as to whether the landlord can do the set-out himself, once he obtains the final writ of possession from the court. Like maybe hire an off-duty law enforcement officer to simply stand there while I have my own crew set out the belongings on the curb. Evidently that is not legal. I don't mind that the eviction process itself takes about 5 weeks with the Jefferson County court. That's not so bad. But the sheriff, taking 3 months to come to the set-out – it's just not right, and it costs the landlord a whole lot of money. Something's got to change in Jefferson County.