Can I Still Be Evicted in Alabama During the COVID-19 Pandemic?

Authored By: Legal Services Alabama LSC Funded
Contents

Many Evictions in Alabama Have Resumed

 
Governor Ivey has now LIFTED the statewide eviction moratorium as of June 1, 2020. 
  • 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

  • Find more information on the eviction process here and here.

Governor Lifts Evictions Protection Order

Last Review and Update: Jun 15, 2020