Eviction in Alabama taking more than 1 year ?

Question

Hello,

I own a few turnkey houses in Alabama (famous and reputable turnkey company)

One of my tenant in the Jefferson county stopped paying rent 1 year ago.

Property manager immediately sent him for eviction and 6 months later we go the WRIT from the court.

It's been since January that we are waiting for the WRIT to be executed by the Sheriff.

Tenant has been living rent free for almost 1 year now.. He doesn't open the door and doesn't answer phone call.

PM say they can't do anything more and are just waiting for the sheriff to execute the WRIT.

Is there anything I can do to get the WRIT executed by the sheriff ?
I'm a foreign investor living in Europe, so it's a bit complicated but if there is a specific lawyer or office I could contact to fasten the process, it would be nice.

Thank you very much

Denise Evans · Answer

It is not necessarily the PM's fault. The lawyer might have delayed filing the suit. The tenant might have answered and disputed and there were several continuances before a trial.  I happen to know that Jefferson County Sheriff's department is running MANY months behind on executing writs of possession, and there is nothing anybody can do about it. Which is not to say delays were not the fault of the PM, but that is not necessarily true in this instance.  Yes, he needs to get the court file and read it.

Denise Evans · Answer

Evictions in Alabama are supposed to be fast tracked on the District Court docket. That is the trial court of limited jurisdiction that does not have jury trials.

The only reasons I can think that it might have taken 6 months for a writ is because of the two most common reasons. One: the attorney failed to take a default judgment as soon a he/she was able, 15 days after service. Nail and mail service means you don't even have to actually find the person to serve the lawsuit papers, so delays in service are not an issue.  Two: the tenant answered and denied everything, which forced a trial. Trials are supposed to be set ahead of all other cases, so you should have gotten a trial date in 30 days. Then again, if the tenant asked for a continuance because of any sort of semi-plausible reason, that might add another 30 days. Let's suppose the next time, your attorney has a conflict and asks for another date. That might add another 30 days.  Once you get an order in your favor, that is final and non-appealable after 14 days. Boom, you are ready for your writ.

BUT, Jefferson County is running 4-5 months behind on serving writs. That is the real bottleneck. For Jefferson County, I usually recommend cash for keys if the tenant leaves it broom clean and not severely damaged. People will grab for the cash instead of thinking, "Wait, is this in my best interest? Maybe with the cash savings vs. the cash for keys, it's better if I drag this out for a year and have no rent to pay."  No, they go for the quick cash. Often, return of security deposit and another half month of rent will get it done. It really burns to pay a terminated tenant to move out, but the economics almost always work out better.

Make sure you get a full release from the tenant when they get the cash, you they cannot then turn around and sue you over supposed things YOU did wrong while their landlord.

Nathan Gesner · Answer

Something doesn't smell right. Here's a timeline: Alabama Eviction Process

Once the Writ is issued, the Sheriff has one week to forcibly remove the Tenant. Have you called to confirm and verify your property manager's story? Has your property manager visited the home to see if anyone's even living there?

You need to talk to an attorney. Check this out: https://www.kickemoutquick.com...

Patricia Steiner · Answer

You need a new PM.  It wouldn't take a year on Mars.  Have the PM provide you with all filings and documentation on the eviction.  Contact the court directly - and get an update.  If it were me, I would have a real estate attorney intervene and get this tenant out. And, I would get a new PM.  Fast.

Best...

Denise Evans · Answer

If you have the case number, you can call the Bessemer Division Sheriff's office, ask for the civil service division, and perhaps get an estimate on when they will be served.

Melanie Thomas · Answer

Wow, an entire year?! Something is definitely not up to snuff. I would request copies of all the paperwork filed and look at the timelines. Sounds like a huge ball has been dropped and may need to lawyer up. Good luck & happy investing.

Eviction in Alabama taking more than 1 year ?

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