An Alabama Landlord's
Legal Resource
Competent. Dependable. Aggressive.
15,932+
17
99.96%
1
Evictions Filed
Years in Practice
Case Win Rate
Dedicated Attorney
Results Matter
Why Choose Us
We are Alabama Specific
Alabama is a unique state and so is its landlord/tenant law. Sarah Taggart, P.C. has filed over 15,000 eviction cases throughout the state of Alabama.
We are Landlord-Focused.
Our firm is narrowly focused on just serving the needs of an Alabama landlord. Our legal advice is both seasoned and affordable — this is all we do.
We Show Up.
We are with you when you need advice. We are with you in court. We advocate for your interests in state and local government. At Sarah Taggart, P.C. we are dedicated to being with you every step of the way.
Our Services
Get to Know Us
Whether you are a large multifamily housing provider, a self-managing owner, a property-managing realtor, or a commercial landlord, our firm is tailored to meet your unique needs.
Learn All About Our Attorney
Meet Sarah Taggart
Sarah Taggart founded Sarah Taggart, P.C., a boutique Alabama law firm focused on landlord/tenant law, in her hometown of Huntsville, Alabama in 2006. As of January 1, 2020, she has filed more than 14,000 eviction actions throughout the state with over a 99% win rate at trial. She has authored the highly successful “Landlord/Tenant Law Formbook”, a fillable USB product of Alabama-specific landlord/tenant law forms.
Sarah is a frequent lecturer on issues relating to fair housing defense, landlord/tenant law, and property management with audiences at both the state and national level. As a tireless advocate for principled and consistent application of housing law, Sarah Taggart values the opportunity to represent a diverse group of Alabama landlords.
Sarah Taggart
Attorney
1. Giving A Notice
In Alabama, a tenant must receive a written notice of their lease violation and, in most cases, be given seven business days to correct their behavior. This applies if the lease violation is nonpayment or conduct (i.e., unauthorized occupants, no utilities, etc.) These notices are highly technical. You can give the written violation notice yourself. In most circumstances it must be posted on the property and sent via regular U.S. mail. It does not have to be hand-delivered to the tenant. It is very important that your notice have all of the essential elements to be legally valid. Giving an improper or outdated notice can ruin your potential case before it starts.
3. Filing The Case
You file an eviction in the district court of the Alabama county where your rental property is located. You need the assistance of a licensed attorney if your property is managed by someone else, if you are a property management company, or if you have operated as an LLC or in another corporate form. Once the case is filed, it must be served. This can be done by the sheriff or by a private process server. If you are seeking a money judgment against the tenant for unpaid rent, the process server or sheriff must physically hand the eviction paperwork (a “Summons and Complaint”) to the tenant. This is called personal service. If you are only seeking to get the rental property returned to you, the tenant does not have to be personally served.
4. Does The Tenant Want A Hearing
The tenant has seven calendar days from being served to request a court appearance. This is called “filing an Answer”. They do this at the Court Clerk’s office in the county where you filed. If they request a court appearance, you will receive notification of a date and time for the hearing. At your hearing, you or your attorney will present evidence about the tenant’s default and you may be asked to testify about your written lease termination notice. If the written notice meets all of the technical requirements and there is a basis for the eviction, the Judge will rule in your favor. If the tenant does not request a court appearance and the seven days elapses, you or your attorney can file an “Application for Default Judgment”. This document re-quests that the Judge rule in your favor because the tenant has not acted to request a court appearance. Once the Judge grants that application, your case can move forward. Most of the time the Judge acts on these applications in a week or two, if not earlier.
5. The Writ
After you have received an Order from the Judge giving you the rental property back, the tenant has seven calendar days to appeal. If they want to appeal they will have to post a bond. This bond is equal to the amount of rent that has come due since the case was filed. Very few tenants appeal because of the bond requirement. After the seven days to appeal has passed, you can apply for a Writ of Possession. The Writ commands a sheriff to restore the rental property to you.
6. The Set-Out
You should contact the Sheriff’s Office a few days after you have filed your Writ of Possession to schedule your set-out. You will need your case number and you should ask if they have any specific policies that they like to follow. You may be asked to have individuals there to help out. Each Alabama county has slight variations in its procedures. On the day of the set-out, the Sheriff will supervise and keep the peace while you remove the tenant and their belongings from the residence. The Sheriff is also responsible for confiscating any contraband that you may discover in this process. The tenant does not have to be present. After this is completed, you can change the locks and the eviction is complete. You should never re-move a tenant or their belongings from the rental property without following the proper legal steps.
2. The Notice Expires
After the notice has expired and the tenant has failed to correct their violation, the lease or rental agreement terminates. If you accept any payment - even in the case of a conduct-related issue - the notice is void and cannot be used to start an eviction.
Roadmap To Eviction
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What People Say About Us
Client Testimonials
"I have had the pleasure of working with Sarah Taggart for years, in the Alabama market. She is easily accessible, knowledgeable, dedicated and result driven."
Ann Porter
Regional Manager, Sealy Management Co.
