Can I Still Be Evicted in Alabama During the COVID-19 Pandemic?
Authored By: Legal Services Alabama
Many Evictions in Alabama Have Resumed
- The moratorim previously stopped the final step of all evictions in Alabama (where the sheriff does the set-out after a case goes through court).
- Sheriff's departments are now free to resume doing eviction set-outs.
What if I receive a notice from my landlord or an unlawful detainer (eviction lawsuit)?
- You can still pay your rent if you receive a notice that you are behind.
- You should still file an answer if an eviction is filed against you. Here is a sample answer form.
- Court in Alabama have started having in-person hearings again. The Supreme Court has left this up to the counties as of May 15, 2020.
There is still a federal "moratorium" for certain types of housing until after July 25:
Renters in public housing or section 8
If you rent a house from a landlord who has a "federally backed mortgage."
How do I know if this applies to me?
- If you live in public housing, then your landlord is likely a "Housing Authority" for the city or area where you live.
- The federal eviction ban probably applies to you if:
- Your rent is "subsidized"
- Your rent is based on your income
- You pay below market rent.
- If you are facing eviction - have received a notice, court papers, or think you'll be behind on your rent - call Legal Services Alabama at 1-866-456-4995 and we can try to help you figure out what kind of housing you have.
If the federal eviction ban applies to me, what does that mean?
- Your landlord cannot file a NEW eviction for 120 days, or between March 27 and July 25, 2020.
- Only applies to evictions for nonpayment of rent. You can still be evicted for other reasons.
- Your landlord also cannot charge you late fees, etc. related to your nonpayment during this time.
What happens after July 25?
- Your landlord must give you a notice of at least 30 days before filing an eviction for nonpayment of rent.
If you are facing eviction, you can call Legal Services Alabama at 1-866-456-4995 for legal help or apply online HERE.
If you are a homeowner facing foreclosure, find more information here.