How to Remove a Squatter in Alabama: The Legal Process for Owners

If someone is living in your Alabama property without permission and they have settled in, you usually cannot have them hauled out by police. In Alabama, removing a holdover occupant or squatter who has established possession is generally a civil matter handled through an unlawful detainer action in the District Court of the county where the property sits. Once a person has been there long enough to claim they are an occupant, an Alabama owner typically must give written notice, file suit, win a judgment, and have the sheriff carry out a writ of possession. For context on the worst-case timeline, Alabama's adverse possession period is long: 20 years by prescription, or 10 years with color of title plus payment of taxes, so a single weekend squatter is nowhere near owning your land.

Trespasser vs. Squatter: Why It Changes Who Helps You

The single most useful thing to understand is the line between a criminal trespasser and a civil squatter.

• Trespasser: Someone who just broke in or refuses to leave a property where they clearly never had permission and have not settled. This can be criminal trespass under Alabama law, and police may remove them.
• Squatter / holdover occupant: Someone who has moved in, perhaps has mail, belongings, utilities, or a (fake or expired) lease. Once a person has established occupancy, Alabama officers usually treat it as a civil dispute over possession.

This is why owners are so often frustrated when they call 911 and the deputy says it is "a civil matter." An officer at the scene cannot reliably judge who has the legal right to be there, so they decline to forcibly evict a settled occupant and tell you to go to court. That is not the police being lazy; it is them avoiding an illegal removal that could expose both them and you to liability.

Self-Help Removal Is Illegal in Alabama

Under the Alabama Uniform Residential Landlord and Tenant Act (commonly cited around Ala. Code § 35-9A-101 and following), owners cannot take matters into their own hands against an occupant. Confirm the current statute, but the well-established rules are that you may not:

• Change the locks to shut the person out;
• Remove their belongings or set them on the curb;
• Shut off electricity, water, gas, or heat to force them out; or
• Threaten or physically remove them yourself.

Doing any of these can turn you, the rightful owner, into the defendant. The occupant could sue for damages, and a court could order you to let them back in. Always route the removal through the court.

The Correct Legal Process in Alabama

For most squatter and holdover situations, the path is the unlawful detainer process. The general steps are:

• Serve written notice to vacate. Alabama law uses short notice periods; a 7-day written demand to vacate is common for ending possession in unlawful detainer situations. Verify the period that fits your facts, because the required notice varies with the type of occupancy and the reason.
• File an unlawful detainer complaint in District Court in the county where the property is located, after the notice period runs out and the person still has not left.
• Serve the occupant with the lawsuit. They have a limited window (often 7 days) to respond and demand a trial; confirm the current deadline, as missing it can speed up your case.
• Go to the hearing and prove you own or control the property and that the occupant has no legal right to stay. Bring your deed, tax records, any communications, and photos.
• Obtain a judgment and writ of possession. Only the sheriff (not you) carries out the physical removal once the writ issues.

If the occupant is truly a stranger with no claim of any tenancy, an ejectment action (typically in Circuit Court) may fit better than unlawful detainer. Because choosing the wrong action can get your case dismissed and force you to start over, this is a situation where a short consultation with an Alabama landlord-tenant attorney, or a call to local legal aid, is well worth it.

Adverse Possession: How Long Is Too Long?

Owners worry that a squatter will eventually "own" the property. In Alabama that takes a very long time and demands specific conditions, generally referenced in Ala. Code § 6-5-200. The two main paths are roughly:

• 20 years of open, hostile, continuous, exclusive possession (adverse possession by prescription); or
• 10 years when the occupant also has color of title (a document that appears to give ownership) and has paid the property taxes.

The takeaway is to act early. A squatter removed within months is no threat to your title, but ignoring the situation for years is exactly what these doctrines reward. Confirm the current requirements, since adverse possession is fact-heavy and courts apply it strictly.

A Few Practical Notes

Document everything: dates, photos, notices, and any conversations. Keep copies of your deed and tax payments handy, because in an ejectment or unlawful detainer case your proof of ownership is central. And remember that Alabama cities and counties can add local rules, and the statutes change, so verify current Alabama law before you file.

This article is general legal information, not legal advice. Landlord-tenant and property law changes and can have local exceptions, so confirm the current Alabama rules for your county or consult a licensed Alabama attorney or legal aid office about your specific situation.