Alabama squatter removal under HB 182: file an affidavit, then police serve a notice after 24 hours
Alabama's HB 182, effective June 1, 2024, lets a dwelling owner file a sworn affidavit with a law enforcement agency in the county to remove an unauthorized person. After verifying ownership and waiting at least 24 hours from receipt, the agency serves a notice to immediately vacate. The act also makes a false lease a Class A misdemeanor and says removing a squatter does not require an eviction action.
What did Alabama's HB 182 change?
The enrolled act does five things. It adds a method for an owner to request removal of an unauthorized individual. It adds the crime of fraudulent sale or lease of residential real property. It amends the perjury statute to cover a false lease. It adds damage by a person who remains unlawfully in a dwelling to third degree burglary. And it takes squatters out of the landlord-tenant chapters. It took effect on June 1, 2024.
What do you file, and with whom?
The owner or the owner's agent submits a sworn affidavit to a law enforcement agency in the county where the dwelling sits. It must state that the affiant is the owner or agent, that someone entered and remains unlawfully, that the person was not authorized, that the person is not a tenant or a holdover tenant, and that you asked the person to leave. It must also state that the person is not an immediate family member, and that there is no pending litigation between you and the person.
- Notice delivered by hand or posted on the front door, with evidence of the date and time attached.
- A copy of your government-issued ID, or, for an agent, documents showing authority to act.
- A statement that any lease the person produces is fraudulent, and that the person is not on the title unless through title fraud.
- An acknowledgment that you can be sued for false statements or wrongful use.
The notice you post must tell the person they have no right to the dwelling and must vacate immediately, and it must include the street address of the law enforcement agency where the affidavit will be delivered. The agency may charge no more than $50 to process the affidavit.
What does law enforcement do?
The agency verifies that you are the record owner or the owner's agent and that you appear otherwise entitled to relief. After verification and at least 24 hours from receipt of the affidavit, it serves a notice to immediately vacate by hand delivery to any unauthorized occupant or by posting on the front door. It also tries to identify everyone inside and may arrest anyone for trespass, burglary, theft or another crime, or on an outstanding warrant.
Officers and governments are not liable for good-faith acts under this section, to the extent state immunity provides, and an officer is not liable for loss or damage to property.
How is this different from evicting a tenant?
Section 5 of the act defines a squatter as a person occupying a dwelling who is not entitled to occupy under a lease or rental agreement and not authorized by a tenant. The term does not include a tenant who holds over in a periodic tenancy. Occupancy by a squatter is excluded from Chapters 9 and 9A of Title 35, and removing a squatter "shall not require the use of an eviction action" under those chapters. A tenant, including a holdover tenant, stays inside the eviction process.
What are the penalties for a fake lease in Alabama?
- Second degree perjury now covers knowingly presenting a false document purporting to be a lease agreement, deed or other instrument giving a right to real property, with intent to civilly detain or to remain on the property. It is a Class A misdemeanor.
- Fraudulent sale or lease of residential real property covers listing property for sale, or renting it, while knowing you or the purported seller or lessor has no legal title or authority. It is also a Class A misdemeanor.
- Third degree burglary now includes knowingly entering or remaining unlawfully in a dwelling and intentionally causing $1,000 or more in damage. It is a Class C felony.
The second item matters when a scam artist rents out your vacant home. The person who paid that scammer may believe they are a tenant, which is a good reason to look at the facts before you file.
What if you file a false affidavit?
An affiant who knowingly gives a false affidavit may be prosecuted for false reporting to law enforcement authorities under Section 13A-10-9. A person wrongfully removed can sue the affiant, have possession restored and recover actual costs and damages, punitive damages of triple the fair market rent of the dwelling, plus court costs and reasonable attorney fees.
Example a made-up Alabama duplex unit rents for $900 a month. A wrongful removal could carry punitive damages of 3 x $900 = $2,700, plus actual damages, court costs and attorney fees.
How DoorKeeping fits in Alabama
DoorKeeping keeps a unit's records in one place: the signed lease and who is on it, dated documents and photos, and your notes on who has keys. A dated copy of the notice you posted, with the time of delivery, is one of the attachments the affidavit calls for, so keep it with the unit's documents. Anything that involves a legal step waits for your one-tap approval. This is general information, not legal advice. Check the current statute, your county's process and your own facts before you act.
Sources
- HB 182, 2024 Regular Session, enrolled (Alabama Legislature), read Oct 30, 2026
Questions
- How long before police serve a squatter notice in Alabama?
- After the agency verifies ownership, it serves the notice to immediately vacate after at least 24 hours from receipt of the affidavit.
- What does the Alabama affidavit cost?
- A law enforcement agency may charge a fee of not more than $50 to process it.
- Do I need an eviction case for a squatter in Alabama?
- No. Squatter occupancy is excluded from Chapters 9 and 9A of Title 35, and removal does not require an eviction action. A tenant who holds over is not a squatter.