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HB80 ENGROSSED
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HB80
U9IQHDD-2
By Representative Butler
RFD: Judiciary
First Read: 13-Jan-26
PFD: 17-Dec-25
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HB80 Engrossed
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PFD: 17-Dec-25
A BILL
TO BE ENTITLED
AN ACT
Relating to evictions; to amend Section 6-6-332, Code
of Alabama 1975, and to add Section 6-6-338 to the Code of
Alabama 1975; to provide certain notices to a tenant during
the eviction process; to establish the duties of a sheriff or
constable during the execution of a writ of possession; to
remove civil liability of officers and others for damages
relating to execution of a writ of possession; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 6-6-332, Code of Alabama 1975, is
amended to read as follows:
"§6-6-332
(a) Upon complaint being made, the district judge shall
issue a notice to the party against whom the complaint is made
to the following effect:
The State of Alabama,
________ County.
To ________
You are hereby commanded to be and appear before me, at
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You are hereby commanded to be and appear before me, at
_____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by
_____, for a forcible entry and detainer (or for unlawful
detainer, as the case may be).
Witness my hand this _____ day of ______, 2__.
_______________________________ District Court Judge
(b) The notice shall contain the following language:
"EVICTION NOTICE. You are being sued for eviction. At
the eviction hearing, the judge will determine if the landlord
is entitled to possession of your rental unit. If the landlord
is granted possession of the rental unit, then you will have
at least seven calendar days from the date of the judgment to
move out or appeal the eviction. If you move out by the date
ordered by the court and leave personal property behind, the
landlord may dispose of such abandoned property without
further notice. The landlord will have no obligation to
preserve the personal property upon removal. If you do not
move out by the date and time ordered by the court, the
landlord may have you removed by law enforcement and the
landlord may remove any personal property remaining on the
premises to the curb or an area designated for garbage. The
landlord will have no obligation to preserve the personal
property upon removal."
(c) The notice shall be served on the defendant at
least six days before the return day of the process and may be
served on the defendant anywhere within the state. The return
of the service thereof by any sheriff , special process server,
or constable of the state is sufficient proof of service. , or
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or constable of the state is sufficient proof of service. , or
proof of the fact may be made before the judge. Alternatively,
proof of service may be presented to the judge. A copy of the
notice shall be personally served upon the defendant. If the
sheriff , special process server, or constable is unable to
serve the defendant personally, service may be had by
delivering the notice to any person who is sui juris residing
on the premises , or if . If, after reasonable effort , no person
individual is found residing on the premises, service may be
made by posting a copy of the notice on the door of the
premises , and on . On the same day of posting or by the close
of the next business day, the sheriff, the constable, the
person filing the complaint, or anyone on behalf of the
person, shall mail a copy of the notice of the filing of the
unlawful detainer action by enclosing, directing, stamping,
and mailing by first class first-class mail a copy of the
notice to the defendant at the mailing address of the
premises . and if If there is no mailing address for the
premises , notice shall be mailed by first-class mail to the
last known address, if any, of the defendant and making an
entry of this action shall be disclosed on the affidavit filed
in the case. Service of the notice by posting shall be
complete as of the date of mailing the notice.
(c)(d) Upon complaint being made and upon request of
the plaintiff to have the notice served on the defendant by a
process server other than a sheriff or constable, the court
shall, if the process server is qualified under Rule 4 .1
(b)(2) of the Alabama Rules of Civil Procedure, order the
clerk to deliver the notice to the process server for
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clerk to deliver the notice to the process server for
service."
Section 2. Section 6-6-338 is added to the Code of
Alabama 1975, to read as follows:
§6-6-338
(a) An officer authorized to execute a writ of
possession issued pursuant to Section 6-6-337 shall post a
written warning of at least 8 1/2 by 11 inches on the exterior
of the front door of the rental unit notifying the tenant that
the writ has been issued and that the writ will be executed on
or after a specific date and time stated in the warning, which
date is not sooner than 24 hours after the warning is posted.
(b) Upon execution of the writ, the officer shall:
(1) Instruct the tenant and all individuals occupying
the property to leave the premises immediately;
(2) Keep the peace while the plaintiff, owner,
landlord, or their authorized agent of the plaintiff, owner,
or landlord, changes the locks and removes the personal
property of the unlawful occupants from the premises to the
curb or property line; and
(3) If the tenant or other individuals on the property
fail to comply, physically remove them from the premises.
(c) An officer may use reasonable force in executing a
writ under this section.
(d) The following persons are immune from any claim
that seeks to impose civil liability for damages to the
defendant's property resulting from the execution of a writ in
a reasonable manner:
(1) Any officer or individual acting under the
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(1) Any officer or individual acting under the
officer's supervision and within the line and scope of his or
her duties who executes the writ issued by the district court.
(2) The plaintiff, owner, or landlord for whom the writ
was issued.
(3) Any agent of the plaintiff, owner, or landlord for
whom the writ was issued.
(e) A person described in subsection (d) does not have
a duty to store or protect the tenant's property during or
after execution of the writ of possession and may dispose of
any property remaining on the premises after execution without
further notice or legal liability.
Section 3. This act shall become effective on June 1,
2026.
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2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................13-Jan-26
Read for the second time and placed
on the calendar:
2 amendments
................14-Jan-26
Read for the third time and passed
as amended
Yeas 103
Nays 0
Abs 0
................22-Jan-26
John Treadwell
Clerk
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