Alabama Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of rent: the seven-business-day notice

Alabama has no separate mobile-home-park eviction law, so lot tenancies run under the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), Ala. Code §35-9A-101 et seq. When a resident falls behind on lot rent, your first legal step is a written notice to terminate under §35-9A-421(b).

The statute lets you deliver written notice specifying the rent and late fees owed and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. In plain terms, the resident has at least seven BUSINESS days (not calendar days) to pay everything owed or the tenancy ends.

Mind the history: before Act 2018-473 this period was 14 days. Any template or web page citing a 14-day pay-or-quit for Alabama nonpayment is out of date. Put the notice in writing, keep proof of delivery, and only file for eviction after the seven business days pass without full payment.

Other lease violations and notice periods

For a breach other than rent — unauthorized occupants, unregistered pets, an unmaintained lot, or conduct materially affecting health and safety — you use §35-9A-421(a). The lease terminates upon a date not less than seven business days after receipt of the notice specifying the acts and omissions constituting the breach, giving the resident that window to cure.

Some breaches are non-curable. Under §35-9A-421(d) the tenant cannot cure violations such as illegal drug activity, illegal firearm use, or criminal assault on other residents or guests, and a tenant may cure the same type of breach no more than twice in any 12-month period without your written consent. For those, no cure period is owed.

If it is a month-to-month tenancy with no violation, terminate without cause under §35-9A-441, which requires a written notice given to the other at least 30 days before the periodic rental date. A week-to-week tenancy needs seven days. Choosing the wrong statute and notice period is a common way to get a case dismissed.

Filing the eviction (unlawful detainer)

When the notice period runs out and the resident has not paid, cured, or left, you file an unlawful-detainer (eviction) action under §35-9A-461. District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located, and the action is governed by the Alabama Rules of Civil Procedure.

After the court enters an eviction judgment in favor of a landlord, a writ of possession shall issue upon application by the landlord. The statute sets the automatic stay on the issuance of the writ of possession or restitution for a period of seven days, so the resident gets a short window after judgment before the sheriff can enforce removal.

A resident cannot stall for free by appealing: an appeal does not prevent the issuance of a writ of restitution or possession unless the tenant pays to the clerk of the circuit court all rents properly payable since the date of the filing of the action and keeps paying during the appeal. Only the sheriff enforces the writ — never attempt a self-help lockout or utility shutoff.

What happens to the home

This is where parks differ from apartments: the resident usually OWNS the home, so winning possession of the LOT does not give you the home sitting on it. You cannot seize or sell the home for unpaid rent. Disposal of a home left behind is governed by a separate statute — Title 35, Chapter 12A, Abandoned Manufactured Dwellings.

Under §35-12A-1 a home is legally abandoned only when the tenant is absent from the premises following expiration of 30 days after default, termination, or expiration of the lease, or is absent from the premises continuously for 30 days after service of a court order requiring the tenant to vacate. Until that 30-day threshold is met, treat the home as the resident's property.

Once the home is abandoned, §35-12A-3 requires written notice (personal delivery, certified mail to the last known address, or affixing on the doors). Under §35-12A-8 you must honor the response window in your notice and cannot sell until the tenant fails to remove the home within 45 days after responding; a sale also requires newspaper publication and notice to any lienholder at least 30 days before the sale. Follow this precisely — improper disposal of a resident's home creates serious liability.

Typical timeline in Alabama

• Serve written notice
  Nonpayment: at least 7 business days to pay or quit (§35-9A-421(b)). Other curable breach: at least 7 business days to cure (§35-9A-421(a)). No-cause month-to-month: 30 days (§35-9A-441).
• Notice period expires
  If the resident has not paid, cured, or moved, the tenancy terminates on the date stated in the notice.
• File unlawful detainer
  File in the District Court for the county where the park sits (§35-9A-461); the case proceeds under the Alabama Rules of Civil Procedure.
• Judgment and writ of possession
  On a landlord judgment, a writ of possession issues on application, and a 7-day automatic stay runs before the sheriff can enforce it (§35-9A-461).
• Sheriff restores the lot
  Only the sheriff removes the resident and restores the LOT to you — never a self-help lockout or utility shutoff.
• Home left behind
  The home is not abandoned until the resident is absent 30 days after termination, or 30 days after a court vacate order (§35-12A-1); then serve Chapter 12A notice.
• Abandoned-home disposal
  After notice, allow the response window plus 45 days to remove; a sale requires newspaper publication and 30-day lienholder notice (§35-12A-8).

Operator best practices in Alabama

• Use 7 business days, not 14
  After Act 2018-473, Alabama nonpayment and cure notices are not less than seven business days (§35-9A-421). Retire any old 14-day templates and count business days, not calendar days.
• Match the notice to the ground
  Nonpayment and curable breaches use §35-9A-421; no-cause month-to-month terminations use the 30-day notice in §35-9A-441. Serving the wrong notice can get your case tossed.
• Document service
  Deliver every notice in writing and keep proof — photos of posting, certified-mail receipts. Alabama courts want a clean record that the resident actually received notice.
• Never use self-help
  No lockouts, no utility shutoffs, no towing the home. Possession is enforced only by the sheriff under a writ after the 7-day stay (§35-9A-461).
• Respect home ownership
  You win the lot, not the home. Wait for the 30-day abandonment threshold, then follow Chapter 12A's notice, 45-day removal window, publication, and lienholder-notice steps before touching the home (§35-12A-1, §35-12A-8).
• Build a relationship with an Alabama MHP attorney
  Because Alabama layers AURLTA eviction on top of a separate Chapter 12A home-disposal process, a local attorney who handles manufactured-housing cases will keep your notices, filings, and home sales defensible.