Ala. Code §§ 35-9B-1 to 35-9B-9 § 35-9B-3
Verification of Owner; Service of Notice; Identification and Arrest of Squatters; Fees.
Operative Text
(a) Upon receipt of the affidavit, the law enforcement agency shall verify that the affiant is the record owner of the dwelling or the authorized agent of the owner of the dwelling and appears otherwise entitled to relief. Upon verification and after at least 24 hours from receipt of the affidavit, the law enforcement agency shall serve a notice to immediately vacate on the unauthorized individual. Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling. Law enforcement shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service. If appropriate, a law enforcement officer may arrest any individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for an outstanding warrant. (b) A law enforcement agency may charge a fee of not more than fifty dollars ($50) to process an affidavit filed pursuant to this section.
Under Alabama Code §§ 35-9B-1 to 35-9B-9, § 35-9B-3, when a property owner or authorized agent submits a sworn affidavit, law enforcement must first confirm the affiant's ownership or authorization before taking action. After verification and a waiting period of at least 24 hours, officers serve a notice to vacate on any unauthorized occupants, either in person or by posting it at the dwelling's entrance. Officers may also document the identities of all individuals found inside and, where circumstances warrant, make arrests for trespass, burglary, theft, or other criminal offenses, or on outstanding warrants.
Plain English — not legal advice.
Under § 35-9B-3, property owners or their authorized agents who believe unauthorized individuals are occupying their dwelling may initiate the process by filing a sworn affidavit with a law enforcement agency. Compliant operators generally ensure they can demonstrate clear record ownership or documented authorization before submitting the affidavit, since law enforcement is required to verify that status before proceeding. The law enforcement agency may charge a processing fee of up to $50 for handling the affidavit, so operators typically account for that cost when using this procedure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9B-3 establishes that law enforcement must verify an affiant's ownership or authorization and wait at least 24 hours before serving a notice to vacate on individuals occupying a dwelling without authorization. Anyone who receives such a notice and believes they have a lawful right to occupy the property — such as a valid lease or rental agreement — may have grounds to contest the characterization of their occupancy as unauthorized. Individuals in this situation can explore their options by contacting a local tenant-rights organization or legal aid office familiar with Alabama housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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