HB457 Alabama 2017 Session

Summary

Primary Sponsor

Paul Beckman

Republican

Session

Regular Session 2017

Title

Landlord and Tenant Act, evictions, civil action for possession, hearing date required to be set within certain time, Sec. 35-9A-461 am'd.

Summary

HB457 would speed up eviction hearings by requiring a hearing within 45 days of an answer and giving eviction cases scheduling priority, with sanctions for delays.

What This Bill Does

The bill amends the Landlord and Tenant Act to require courts to set eviction hearings within 45 days after an answer is filed and to give eviction cases priority over other civil cases. If a judge does not meet this deadline, a complaint to the Judicial Inquiry Commission can be filed and sanctions may be imposed. It also clarifies service of process, and outlines appeal procedures and related rent-payment requirements during appeals that affect whether a writ of possession can be issued.

Who It Affects

• Tenants facing eviction: hearings must be scheduled within 45 days of answer; during appeals, tenants must continue to pay all rents due to avoid a potential writ of restitution.
• Landlords and property owners: faster, more predictable eviction timelines; possible enforcement advantages (writs) and potential sanctions on judges who delay; changes to service procedures and appeal handling that affect eviction actions.

Key Provisions

• Hearing must be set not more than 45 days after the date an answer is filed or the final date to file an answer.
• Eviction actions shall have scheduling precedence over all other civil cases.
• Failure by the judge to comply may warrant a complaint to the Judicial Inquiry Commission and may trigger sanctions.
• Service of process rules for eviction actions are specified, including posting and mailing options when personal service is not possible.
• Appeals from eviction judgments must be filed within seven days; a stay considerations and preferred-case trial timing apply, with specific rent-payment conditions during pendency.
• Writ of possession can be issued after an eviction judgment; a seven-day automatic stay on the writ applies; continued unlawful re-entry can be treated as contempt.
• If an appeal reverses the eviction judgment, writs of restitution or possession may be issued to restore possession as appropriate, at the discretion of the appellate court.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal