Birmingham Eviction Court Steps 2026–27: Alabama's Seven-Day Deadlines, From Notice to Writ
Alabama eviction law runs on sevens. Seven business days to fix unpaid rent after a notice. Seven calendar days to answer the court papers. Seven days to appeal a judgment. Seven days before a writ of possession can issue. Miss one and the case usually moves forward without you. Meet them and you keep your options open.
For Birmingham renters, eviction cases are filed in Jefferson County District Court (the county has a Birmingham Division and a Bessemer Division; the clerk's address on your court papers tells you which). This guide follows a nonpayment case from the first notice to the sheriff, using the Alabama Uniform Residential Landlord and Tenant Act and the court's own forms.
Last checked October 2026. This is general information, not legal advice. If you have court papers, call Legal Services Alabama (number below) the same day.
Stage 1: The Seven-Business-Day Notice
Under Alabama Code § 35-9A-421(b), when rent is unpaid, the landlord may deliver a written notice to terminate the lease that:
states the amount of rent and any late fees owed, and
says the lease will end on a date at least seven business days after you receive the notice.
If you pay what the notice says within those seven business days, the lease does not end. If you don't, the lease terminates and the landlord can file in court.
What to do right away:
Count business days, not calendar days. Weekends and holidays don't count toward the seven.
Check the amount. The notice must specify the rent and late fees owed. If the number looks wrong, write down why and keep your receipts together.
Pay in a way you can prove. Money order, cashier's check or a payment portal that gives a receipt. Avoid cash without a signed receipt.
The "two cures" limit. Section 35-9A-421(d) says a tenant can't cure a breach of the lease more than two times in any 12-month period without the landlord's written consent. If you've already caught up twice this year after notices, the landlord may not have to accept payment a third time. Ask legal aid whether that applies to you.
Stage 2: The Statement of Claim (Court Papers)
If the notice period runs out, the landlord files an Eviction/Unlawful Detainer case. The court form is the Statement of Claim (Form C-59).
How you get served. Under § 35-9A-461(c), a sheriff, constable or process server tries to hand it to you. If they can't, they can leave it with an adult living in the home, or, if no one is found after reasonable effort, post it on your door and mail a copy by first-class mail the same day or by the close of the next business day. Service by posting is complete on the date of mailing.
That means papers taped to your door count. Don't wait for a second copy in the mail.
Stage 3: Answer Within Seven Calendar Days
This is the most important deadline in the whole process. The Statement of Claim says you must answer within seven calendar days after the papers were served or posted, and that the answer must be received by the clerk within those seven days. If you file an answer, a notice of trial is mailed to you. If you don't, a judgment may be entered against you.
How to answer:
Get the Answer to Landlord's Claim form. Jefferson County has its own local version, "Answer to Landlord's Claim: Residential Eviction/Unlawful Detainer," on the Alabama courts e-forms site (Local County Forms, Jefferson). The statewide version is Form PS-01.
Check the boxes that describe why you disagree (for example, you paid, the amount is wrong, or you didn't get proper notice) and sign it.
Fill out the Certificate of Service at the bottom.
Make copies: one for you and one to mail or hand-deliver to the landlord or the landlord's lawyer at the address on the Statement of Claim.
File the original with the clerk at the address on the Statement of Claim, before the deadline. If you mail it, the clerk has to receive it by day seven. Hand-delivering is safer.
Late but not yet judged? AlabamaLegalHelp.org notes that you can still file an answer after the deadline if the court has not entered judgment yet. Late is better than never, but on time is far better.
What happens if you don't answer. The landlord can ask for a default judgment by filing an affidavit showing when you were served and that the answer time has passed. A default can include both possession of the home and a money judgment for rent.
Stage 4: The Trial
Once you answer, the court mails (and emails, if available) a trial notice. Under § 35-9A-461(b), eviction cases get precedence in scheduling over other civil cases, so the date can come quickly.
Bring:
the notice to terminate and the Statement of Claim
your lease
every receipt, bank record, money order stub and text showing payments
any letter or email from a rent help program about a pending payment
photos and written repair requests if conditions are part of your defense
witnesses, if someone saw you pay or saw the conditions
At trial you can present evidence and witness testimony to the judge. Be on time. If you aren't there when the case is called, expect to lose by default.
Stage 5: After a Judgment, the Seven-Day Clocks
If the judge rules for the landlord, two seven-day clocks start under § 35-9A-461:
The appeal window (§ 35-9A-461(d)). Either side can appeal a district court eviction judgment to circuit court within seven days after it is entered. A timely post-judgment motion pauses that clock. On appeal, the case must be set for trial within 60 days.
Paying rent during the appeal. An appeal does not stop the writ of possession unless you pay the clerk of the circuit court all rent due under the lease since the case was filed, and keep paying rent to the clerk as it comes due while the appeal is pending. If you miss one of those payments, the court, on the landlord's motion, will issue the writ and put the landlord in possession. If the amount is in dispute, the court decides it.
The writ stay (§ 35-9A-461(e)). After an eviction judgment, the landlord can apply for a writ of possession, but the automatic stay on issuing it is seven days. That week is your window to appeal, negotiate a move-out date, or move your belongings.
If you return to the unit without just cause after being removed, the statute says you can be held in contempt.
What You Can Do at Each Stage
Notice to terminate: 7 business days. Pay the stated amount with proof, and apply for help.
Statement of Claim: 7 calendar days. File the Answer with the clerk and send a copy to the landlord.
Trial: the date on your trial notice. Show up with every document.
Judgment: 7 days. Appeal (and pay rent into court) or plan the move.
Free Legal Help
Legal Services Alabama: 1-866-456-4995 (English), 1-888-835-3505 (Español), or apply online through AlabamaLegalHelp.org. Call as soon as you get a notice or court papers. Waiting until the day before trial leaves little room.
AlabamaLegalHelp.org has the answer form, instructions and plain-language guides.
2-1-1: for rent help, churches with emergency funds, and shelter if a move is coming.
Money Help While the Case Is Open
Paying in full within the seven-business-day notice period ends the problem before court. Once a case is filed, any payment offer is a negotiation with the landlord. Get any agreement in writing, and if the case is already filed, ask that the agreement be filed with the court or that the case be dismissed.
Sources to try for rent money in the Birmingham area include churches with benevolence funds (dial 2-1-1 for current openings), and if a utility bill is also behind, see our water bill guide below so a shutoff doesn't stack on top of an eviction.
Frequently Asked Questions
How much notice does an Alabama landlord have to give for unpaid rent?
A written notice giving at least seven business days after you receive it, stating the rent and late fees owed, under § 35-9A-421(b).
How long do I have to answer an eviction in Jefferson County?
Seven calendar days after the papers were served on you or posted on your door. The clerk must receive the answer within that time.
My papers were taped to my door. Does that count?
Yes, if they were also mailed to you. Under § 35-9A-461(c), service by posting is complete on the date of mailing.
Can I still answer if I missed the seven days?
You may still file before the court enters a judgment. File immediately and call legal aid.
Can I appeal an eviction judgment?
Yes, to circuit court within seven days. To stay in the home during the appeal, you must pay all rent due since filing to the circuit clerk and keep paying as rent comes due.
How soon after judgment can I be removed?
A writ of possession can't issue during the seven-day automatic stay after judgment. After that, the landlord can apply for the writ.
Comments