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

Authored By: Legal Services Alabama LSC Funded
Contents

Information

 
  • Governor Ivey has signed a moratorium on the final step of all evictions in Alabama. 
  • The Order states that "All state, county, and local law enforcement officers are hereby directed to cease enforcement of any order that would result in the displacement of a person from his or her place of residence."
  • This means that law enforcement cannot enforce an eviction order to remove you from your home, whether you are a renter or if you have a mortgage and have been foreclosed on. 

 

There is also still a 120 federal "moratorium," or "stop," to evictions for nonpayment of rent for certain types of housing:
  • 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. 

 

FAQ's About the Governor's Eviction Moratorium 

Do I still have to pay my rent?

Yes. Under Governor Ivey's order, you are still responsible for your rent or mortgage payment. You must also continue to follow anything else written in your lease or mortgage. 

 

What if I can't afford my rent?

You can't be evicted right now, but you should try to pay it when you can. Otherwise, the landlord can try to evict you after the Governor's order expires. 

 

When will it expire?

There is no end date on the order, so this is not known at this time. 

 

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 may start having hearings after May 15, 2020. The Supreme Court has left this up to the counties. 

 

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's Evictions Protection Order

Last Review and Update: May 14, 2020