Your tenant didn't pay rent. It's the 5th, then the 10th, then the 15th. Every day that passes costs you money, and the anxiety of not knowing what to do next makes it worse. This guide walks you through exactly what happens — and what you should do — from day 1 of missed rent through resolution, whether that's getting paid, filing for eviction, or recovering money after the tenant is gone.
Day 1: Rent Is Due
In Alabama, rent is due on the date specified in the lease — typically the 1st of the month. If your lease includes a grace period (commonly 3–5 days), the tenant has until the end of that grace period before any action is taken. If there's no grace period in the lease, rent is legally late on day 2.
At James-Hawkins, rent is due on the 1st with a grace period through the 3rd. This is standard in the Montgomery market and gives tenants a reasonable buffer while keeping clear boundaries.
Days 4–5: Late Fee and First Contact
Once the grace period expires, the late fee kicks in per the lease terms (typically 5–10% of monthly rent or a flat fee of $50–$100). This should be automatic and documented — don't waive late fees inconsistently, as it sets a precedent that undermines enforcement.
At this stage, a courtesy reminder goes out — text, email, and a notification through the tenant portal. Most late payments are resolved here. The tenant forgot, had a temporary cash flow issue, or was waiting for a deposit to clear. A friendly but firm reminder gets the majority of late payers back on track.
Pro tip: This is where Livble's split payment option prevents most late payments from happening in the first place. Tenants who struggle with a single large payment on the 1st can split it across their pay schedule.
Days 5–7: Phone Call
If the reminder doesn't produce payment, it's time for a direct phone call. This serves two purposes: first, you may learn about a legitimate hardship that can be addressed with a short-term payment plan. Second, you establish a documented pattern of communication that strengthens your legal position if the situation escalates.
During this call, be professional and direct. Ask when payment can be expected. If the tenant commits to a specific date, document it in writing (follow up with an email or portal message confirming the conversation). If the tenant is unresponsive or evasive, proceed to the next step.
Day 7–10: The 7-Day Pay-or-Quit Notice
This is where Alabama law gets specific. Under Ala. Code § 35-9A-421, a landlord must provide the tenant with a written 7-day notice to pay or vacate before filing for eviction. This notice must:
State that rent is past due and specify the amount owed. Inform the tenant they have 7 days to pay in full or vacate the property. Be delivered properly — in person, posted on the door, or sent via certified mail (we recommend posting and mailing for documentation).
This notice is a legal prerequisite for eviction in Alabama. If you skip it or do it incorrectly, a judge can dismiss your eviction case. At James-Hawkins, our notices are prepared in compliance with Alabama Code and delivered with documentation that holds up in court.
Important: Do NOT accept partial payment after issuing a pay-or-quit notice without consulting an attorney. In some jurisdictions, accepting partial payment can reset the eviction clock and require a new notice. Our attorney partner advises on every case individually.
Day 14–17: Filing for Eviction
If the 7-day notice expires and the tenant has neither paid nor vacated, it's time to file an unlawful detainer action (eviction) in district court. In Montgomery County, this is filed at the Montgomery County District Court.
The filing requires: the original lease, proof of the 7-day notice delivery, a ledger showing the unpaid rent and late fees, and the filing fee (typically $256 in Montgomery County). Once filed, the court schedules a hearing — usually within 7–14 days.
James-Hawkins works with one of Montgomery's top eviction attorneys who handles the filing and court appearance. Our owners don't have to appear in court, prepare legal documents, or navigate the process themselves.
Day 21–30: Court Hearing
At the hearing, the judge reviews the evidence: the lease, the notice, the payment ledger, and any communication records. If the landlord has followed proper procedure and the tenant hasn't paid, the judge issues a judgment for possession and typically awards the unpaid rent and court costs.
The tenant may appear and contest the eviction. Common defenses include: claiming the notice was improper, claiming the landlord failed to maintain the property (habitability defense), or requesting additional time. This is why proper documentation and legal compliance throughout the process is critical — and why having an attorney matters.
If the tenant doesn't appear, the judge typically issues a default judgment in the landlord's favor.
Day 30–45: Writ of Possession and Move-Out
After the judge rules in your favor, the court issues a writ of possession. This authorizes the sheriff or constable to physically remove the tenant if they haven't left voluntarily. The tenant typically has 7 days after the writ is issued to vacate.
If the tenant still refuses to leave, the sheriff executes the writ by removing the tenant and their belongings from the property. At no point should a landlord attempt to remove a tenant themselves — changing locks, removing doors, shutting off utilities, or moving belongings out is illegal self-help eviction in Alabama and can result in the landlord being sued.
After Move-Out: Make-Ready and Collections
Once the property is vacated, the clock starts on two parallel tracks:
Make-ready: Our team conducts a move-out inspection, documents any damage beyond normal wear and tear, coordinates repairs, and gets the property re-listed as quickly as possible. Target turnaround: 5–10 days for standard make-readies.
Collections: For money owed after eviction — unpaid rent, late fees, damages exceeding the security deposit, court costs, and early termination fees — James-Hawkins partners with Hunter Warfield, the nation's leading property management collections agency. Hunter Warfield pursues the debt aggressively, reports to credit bureaus, and has recovery rates that far exceed general collection agencies. Your financial interests are protected even after the tenant is gone.
The Full Timeline
Day 1: Rent due
Day 4: Late fee applies, courtesy reminder sent
Day 7: Phone call if unpaid
Day 7–10: 7-day pay-or-quit notice posted
Day 14–17: Eviction filed in court (if notice expires unpaid)
Day 21–30: Court hearing
Day 30–45: Writ of possession, tenant removed
Day 45+: Make-ready, re-lease, collections on outstanding balance
Total timeline from first missed rent to resolution: approximately 30–45 days when handled properly. Self-managing landlords who delay any step can easily double this timeline, losing $2,000–$4,000+ in additional vacancy and unpaid rent.
What NOT to Do
Don't do nothing. Waiting and hoping the tenant pays is the most expensive mistake. Every day you delay is money lost.
Don't threaten. Verbal threats, intimidation, or harassment can result in the tenant suing you — even if they owe you money.
Don't change the locks. Self-help eviction is illegal in Alabama. Period. You must go through the court process.
Don't accept partial payment without a plan. It can reset your legal timeline. Consult an attorney first.
Don't skip the notice. The 7-day pay-or-quit notice is legally required. Skip it and the judge throws out your case.
How Section 8 Properties Are Different
For Section 8 properties, the HAP (Housing Assistance Payment) portion of rent — typically 60–80% of the total — comes directly from the Housing Authority and is virtually never late. The delinquency risk is limited to the tenant's portion, which is usually $100–$300/month. This dramatically reduces your exposure to non-payment situations, which is one of the strongest arguments for Section 8 investing.
If a Section 8 tenant stops paying their portion, the same legal process applies. However, you should also notify the Housing Authority, as non-payment of the tenant portion can be grounds for voucher termination — which is significant leverage that market-rate landlords don't have.
Why Landlords Hire a Property Manager After Their First Eviction
Eviction is the #1 reason self-managing landlords hire a PM. The process is stressful, time-consuming, legally complex, and emotionally draining — especially when you have a personal relationship with the tenant. A property manager provides professional distance, legal expertise, and a proven process that minimizes financial damage.
At James-Hawkins, our delinquency management process starts on day 1 — not day 30. We don't wait for the situation to get bad. And if eviction becomes necessary, our attorney partner handles the entire legal process while we coordinate the make-ready and re-leasing in parallel to minimize your total vacancy.
Frequently Asked Questions
How much does eviction cost in Alabama?
Court filing fees in Montgomery County are approximately $256. Attorney fees vary but typically run $300–$500 for a straightforward eviction. Total cost: $500–$800 plus any unpaid rent and make-ready expenses. This is why prevention through thorough screening is so critical — one bad placement can cost $5,000–$15,000+.
Can I evict a tenant for reasons other than non-payment?
Yes. Alabama law allows eviction for lease violations (unauthorized pets, property damage, illegal activity, unauthorized occupants) with a 14-day notice to cure or vacate. The process is similar but uses a different notice period.
What if the tenant offers to pay after I file for eviction?
You can accept payment and dismiss the case, but consult your attorney first. Some landlords choose to proceed with eviction even after the tenant pays if there's a pattern of chronic late payment — the court may still grant possession based on the history.
How do I prevent this from happening?
Screen rigorously (our 3-bureau process catches risks that single-bureau checks miss), set clear lease terms, enforce late fees consistently, offer split payment options for tenants who struggle with lump-sum payments, and act immediately when rent is late. Don't let a 5-day problem become a 45-day problem.
Dealing with a non-paying tenant right now?
We handle the entire process — from late notices to eviction to collections. Let us take this off your plate.
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