Alabama Eviction advice

3 Replies

I have a tenant that’s under Section 8 and been renting from me about 4 months. Her payments has been sporadic but has paid except I haven’t received November’s payment as of ( 11/20/21.)  

Because of the condition and where it’s heading along with other lease violations such as non tenants living there, filth, etc. I’ve sent her 7 days to cure and I also contacted Section 8.

My question, should I be prepared to get a lawyer to proceed with my eviction as I’m sure she won’t be out in the time allotted or should I just file the paperwork myself since I have a little leverage being that she has a voucher.

Section 8 told me they won’t pay me for Dec if my plans are to have her gone.. but it will be kind of messed up if she’s still in my house with their voucher after deadline.. but at this point I told them I just want her gone!

@Ahmad Moore , in Alabama property managers are not allowed to handle eviction. That is practicing law without a license. If you own the property in your own personal name (not an LLC or corporation or trust, for example) then you can file your own eviction lawsuit. They are not difficult, but you do have to follow the steps exactly right. You can't just stumble around and "get close" and the judge will let you slide. If you do not own in your own personal name, you will have to hire an attorney. That is because even if you own 100% of an LLC, for example, you and the LLC are two separate legal "people." So, you a natural legal person would be representing an artificial legal entity--the LLC. When one person represents another in court, that is practicing law.

Property management companies often have attorneys with whom they have relationships, who can handle evictions for them.  If you do not have a property management company and do not (or cannot) represent yourself in court, then how do you find the right attorney?  If would call the District Court, where evictions are filed. I would say, "I am not asking for any recommendation. But, can you tell me off the top of your head the names of 3 lawyers that file a lot of evictions?" That will tell you who you should contact.

Jamestown Invest
Build a well-balanced portfolio with CRE
Considering CRE Investing?
Download this whitepaper and learn about CRE investing from a manager with a 38 year track record
Learn More

FYI - Section 8 didn't sign a lease with you, the tenant did.

So, Section 8 is under no obligation to you once they terminate their payments to you, that they solely make on behalf of the tenant.

You should have clearly understood this from the beginning...