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Squatters and vacant property in Alabama: what the law says

In Alabama a squatter is not a tenant, and since June 2024 you do not need an eviction case to get one out. You swear a statement, hand it to a police agency, and they serve a notice to get out at least 24 hours later. But look at what the law asks you to prove: the form wants a copy of your government ID, and it tells the police to confirm you are the record owner without saying how. If the removal turns out to be wrong, the person put out can sue you for triple the rent, your court costs and their lawyer.

Every answer on this page is quoted from the statute it came from and linked to the source, so you can read the law yourself. Last checked against the statutes on 2026-07-14.

What to do now — this part is ours, not the law

There is no 30-day rule. Nobody becomes a tenant by standing in your house long enough — not in thirty days, not in ninety. They are not a tenant on day one and they are not a tenant on day ninety. What time does change is how hard they are to remove, and how much of your money it takes. That is a reason to move today, not a deadline you have already missed.

If someone is in the property right now

  1. Do not go in, and do not change the locks. It is the first thing everyone wants to do and it is how the owner becomes the defendant. Read that question above before you touch anything.
  2. Call the police non-emergency line. Ask them to look at it as a criminal trespass rather than a landlord–tenant dispute. Those are different outcomes and the words matter.
  3. Have your proof of ownership in your hand when they arrive — the deed, a recent tax bill, your ID. The officer's whole decision turns on whether he believes you own it.
  4. Photograph everything, and write down every date. When you last saw it empty. When you found them. What was said. Who you called, and when.
  5. Call a lawyer the same day. Not next week. The clock on every route above has already started.
The full checklist — what to record and what to ask →

If it has not happened yet

Everything on this page gets easier the earlier you do it. Photograph the property empty, keep the utility bills, and write down who is allowed inside — before you lock up and walk away. None of that is expensive. All of it is worth more than it looks at 2am.

The checklist for leaving a property vacant →

Is a squatter a tenant — and what rights do they have?

No. Alabama's 2024 law writes squatters out of the landlord-tenant chapters entirely, and says in as many words that getting one out does not need an eviction case.

Read the law — 3 provisions

If a trespasser counts as a tenant, the owner is routed into housing court and every fast option closes.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 5(a) — codified in Ala. Code Title 35, Ch. 9B (Squatting), eff. 2024-06-01

For the purposes of this section, the term "squatter" means a person occupying a dwelling who is not entitled to occupy the dwelling under a lease or rental agreement nor authorized by a tenant to occupy the dwelling The term does not include a tenant who holds over in periodic tenancy as described in Section 35-9A-441, Code of Alabama 1975.

Quoted verbatim from the enrolled Act on the Alabama Legislature's own server, including the missing period after "occupy the dwelling", which is how the enrolled text reads. Note who is NOT a squatter: a tenant who stays past the end of a lease. That person is still in the eviction system.

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 5(b)

Occupancy by a squatter is excluded from the application of Chapters 9 and 9A of Title 35 of the Code of Alabama 1975, and the removal of a squatter shall not require the use of an eviction action under those chapters.

Chapters 9 and 9A of Title 35 are Alabama's landlord-and-tenant law. This sentence is the whole hinge: it is what lets a squatter be removed by a police agency instead of a court.

Read it at the source →

3 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(b)(4)

The individual is not a tenant, as defined in Section 35-9A-141, Code of Alabama 1975, or a holdover tenant, as defined in Section 34-9A-441, Code of Alabama 1975.

The enrolled text cites "Section 34-9A-441" here; the holdover-tenancy section is 35-9A-441, and § 5(a) of the same Act cites it correctly. We quote what the Act says and flag the discrepancy rather than silently correcting it.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

Can I just change the locks?

No — Alabama gave the job to a police agency, not to you. The law has an officer serve the notice and, if it is appropriate, make the arrest; nowhere does it let an owner do the removing. And if the removal turns out to be wrong, the person put out can sue you personally for triple the rent, plus court costs and their attorney's fees.

Read the law — 3 provisions

Lawful in a handful of states, a crime in most. Getting this wrong turns the victim into the defendant.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) — what law enforcement does

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.

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: we read the enrolled text of HB 182 in full on 2026-07-14 and looked for any provision letting the owner change the locks, cut a utility, remove belongings, or enter to confront the occupant — including with an officer standing by, which several other states expressly permit. We found no such provision. Every act the Act describes is an officer's act.

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(h) — wrongful removal

An individual may bring a civil cause of action for wrongful removal under this section against the affiant. An individual harmed by a wrongful removal under this section may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent of the dwelling, plus court costs and reasonable attorney fees.

Read who is exposed. Subsection (g) immunizes the officer and the agency; subsection (h) points the lawsuit at the affiant — the owner. The person who gets this wrong is you.

Read it at the source →

3 · Ala. Code § 35-9A-407 — tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service · secondhand source

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months' periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.

SECONDARY: the official Code of Alabama is hosted by LexisNexis and blocks automated retrieval, so this was read on a reproduction of the code and should be confirmed against the official text. Note the two limits, and the trap inside them. This section protects a TENANT — and HB 182 § 5(b) expressly puts a squatter outside the chapter it sits in. Whether the ban reaches a squatter is a question we found no Alabama case deciding, and untested is not the same as permitted. The person who finds out which it is will be the defendant, and the man in your doorway will be telling a judge he had a lease.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

If police do act, what is the charge — and can they arrest for it?

Yes — the squatter law itself tells the officer he may arrest anyone he finds inside for trespass, burglary or theft. Being in someone's home without permission is a crime in Alabama, and if they went in meaning to commit a crime there, or wrecked a thousand dollars' worth of it, it is a felony.

Read the law — 5 provisions

A charge that only supports a citation does not remove anyone from a house. This is the link that killed the previous market.

1 · Ala. Code § 13A-7-2 — criminal trespass in the first degree · secondhand source

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated facility, as defined in Section 20-2A-3. (b) Criminal trespass in the first degree is a Class A misdemeanor.

SECONDARY: the official Code of Alabama sits behind LexisNexis, which blocks automated retrieval; read on FindLaw and to be confirmed against the official code. The word that carries the weight is "dwelling" — a building used or normally used for sleeping, living or lodging. The grade turns on it.

Read it at the source →

2 · Ala. Code §§ 13A-7-3, 13A-7-4 — criminal trespass in the second and third degree · secondhand source

13A-7-3 (a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. (b) Criminal trespass in the second degree is a Class C misdemeanor. … 13A-7-4 (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (b) Criminal trespass in the third degree is a violation.

SECONDARY: read on a reproduction of the code (onecle); confirm against the official text. The ellipsis joins two adjacent sections, quoted in full. This is the link that killed a previous market of ours in another state: an offense can be called "criminal trespass" and still be graded so low that the encounter ends with a piece of paper. In Alabama the grade rises with the building — and a house is the top of that ladder.

Read it at the source →

3 · Ala. Code § 13A-7-7, as amended by HB 182 (2024) — burglary in the third degree

(a) A person commits the crime of burglary in the third degree if any of the following occur: (1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. … (4) He or she knowingly enters or remains unlawfully in a dwelling and intentionally causes one thousand dollars ($1,000) or more in damage to the dwelling. (b) Burglary in the third degree is a Class C felony.

Quoted from the enrolled Act with the bill's strike-throughs removed and its underlined insertions applied — i.e. the section as amended. Paragraph (4) is new in 2024. The ellipsis skips paragraphs (2) and (3), which cover occupied and unoccupied buildings on the same terms.

Read it at the source →

4 · Ala. Code § 15-10-3(a) — arrest without a warrant · secondhand source

(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer. (2) When a felony has been committed, though not in the presence of the officer, by the person arrested. (3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony. (4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.

SECONDARY: read on a reproduction of the code (onecle); confirm against the official text. Read the difference between the paragraphs. For a felony, probable cause is enough. For anything less, the statute speaks of an offense in the officer's presence — and trespass in a dwelling is a "remains unlawfully" offense. We draw no conclusion about how that applies to a person standing in your kitchen; that is not ours to draw.

Read it at the source →

5 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) and § 4(j)

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. … This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, theft, burglary, or other crimes.

The ellipsis joins subsection (d) to subsection (j) of the same section; both are quoted in full. Note the words "may" and "if appropriate". The statute grants authority; it does not command anyone. These are the provisions, in order. We have drawn no conclusion from them.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

What decides whether police arrest or walk away?

Paper — yours and theirs. Alabama tells the police to confirm you are the record owner before they act, and never says how they are supposed to do it; what the form actually asks you to attach is a copy of your driver's license, which proves who you are and nothing about who owns the house. It also has you swear, in advance and sight unseen, that any lease the person inside produces is a fake.

DeedProof solves this

We verify you own the property and file your notarized statement where police can check it. How it works →

Read the law — 3 provisions

Every other question here is downstream of this one. The whole encounter, in one decision, made in a doorway in the dark.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(c) — the statutory affidavit form

1. I am the owner of the dwelling or the authorized agent of the owner of the dwelling. … 4. The unauthorized individual is not a tenant, a holdover tenant, or an immediate family member of the owner, and any lease that may be produced by the unauthorized individual is fraudulent. 5. The unauthorized individual does not have an ownership interest in the property and is not listed on the title to the property unless the individual has engaged in title fraud. … 10. A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached.

The ellipses skip numbered items of the same form, which we read in full. A government-issued ID establishes that you are the person named on it. It establishes nothing about the deed. The form nowhere asks for a deed, a title record, a tax bill, or a recording number — and item 4 asks the owner to swear a lease is fraudulent before anyone has seen it.

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) — verification of the owner

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.

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: we read the enrolled text of HB 182 in full on 2026-07-14 and looked for any provision telling a law enforcement agency HOW to verify that the affiant is the record owner — a deed check, a probate-office lookup, a registry, a database, a form, anything. We found no such provision. The duty is stated; the method is not. (We begin this quote at "shall verify" because the enrolled text carries a typographical error in the words immediately before it, and we will not silently correct a source.)

Read it at the source →

3 · Ala. Code § 13A-10-102, as amended by HB 182 (2024) — perjury in the second degree

(2) Knowingly presents a false document purporting to be a lease agreement, deed, or other instrument conveying or providing a right to or in real property to another person with the intent to civilly detain or to remain upon the real property. (b) Perjury in the second degree is a Class A misdemeanor.

Quoted from the enrolled Act with the bill's strike-throughs removed and its underlined insertions applied. The forged lease is now a crime in Alabama — but somebody still has to establish that it is forged, and the statute names nobody whose job that is at 2am. Making the lie illegal is not the same as making it checkable.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

What is the lawful way to get them out?

A sworn statement handed to the police — no court case at all. You swear the person has no right to be there and has not left, the agency checks that you are the record owner, and at least 24 hours later an officer serves a notice to get out. If the person turns out to be a tenant, or a tenant who stayed past their lease, none of this applies and you are back in the ordinary eviction process.

Read the law — 3 provisions

The route sets the real cost. A summary track is weeks; a full civil suit is months.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(b) — the request for removal

The owner of a dwelling or the agent of the owner of a dwelling may request the removal of an unauthorized individual from the dwelling by submitting a sworn affidavit to a law enforcement agency in the county where the dwelling is located containing all of the following elements: (1) The affiant is the owner of the dwelling or the agent of the owner of the dwelling. (2) An individual has entered and is remaining unlawfully in the dwelling. (3) The individual was not authorized to enter the dwelling or remain in the dwelling. … (5) The affiant has requested that the unauthorized individual vacate the dwelling as provided under this section and the individual has not done so. (6) The unauthorized individual is not an immediate family member of the property owner. (7) There is no pending litigation related to the dwelling between the property owner and the unauthorized individual.

The ellipsis skips element (4), which is quoted in full under the first question on this page. Note element (7): if you are already in litigation with the person, this route is closed to you.

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(e) — the notice at the dwelling

The affiant must provide notice at the dwelling notifying the unauthorized individual that he or she has no right to the dwelling and must vacate immediately. The notice must include the street address of the law enforcement agency where the affidavit will be delivered. A copy of the notice with the date and time of delivery must be attached to the affidavit.

Read it at the source →

3 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 5(b)

Occupancy by a squatter is excluded from the application of Chapters 9 and 9A of Title 35 of the Code of Alabama 1975, and the removal of a squatter shall not require the use of an eviction action under those chapters.

This route exists only for a person who is not a tenant and not a holdover tenant, as § 5(a) defines those terms. Where the occupant is one of those, the eviction chapters this sentence excludes are the ones you are in — and we did not research Alabama's ordinary eviction timeline for this page.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

How long does it take, and what does it cost?

Days, not months. The statute gives the occupant at least 24 hours after being served — but that is a floor, not a deadline, and it sets no outer limit on how long the agency's verification may take.

Read the law — 3 provisions

The two numbers every owner wants, and the one nobody warns them about: you do not get it back.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) — the 24-hour clock

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.

"At least 24 hours" is a floor, not a deadline. The statute sets no outer limit on how long the agency's verification may take, and how long that is in practice is not a question the statute answers.

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(k) — the fee cap

A law enforcement agency may charge a fee of not more than fifty dollars ($50) to process an affidavit filed pursuant to this section.

This is the only dollar figure on this page, and it appears verbatim in the enacted text. It is a ceiling, not a price — the statute says "may charge" and "not more than", and what any given agency actually charges is not in the law. We could not fetch a published fee schedule from any Alabama law enforcement agency, so we print no other number.

Read it at the source →

3 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(f) and § 4(h)

An affiant who knowingly provides a false affidavit to law enforcement pursuant to this section may be prosecuted for false reporting to law enforcement authorities pursuant to Section 13A-10-9, Code of Alabama 1975. … An individual harmed by a wrongful removal under this section may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent of the dwelling, plus court costs and reasonable attorney fees.

The ellipsis joins subsection (f) to subsection (h) of the same section. Fifty dollars is what the route costs when it is right. Triple the fair market rent, court costs and the other side's attorney is what it costs when it is wrong — and the statute points that liability at the person who signed.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

Can a sheriff remove them on the owner's affidavit alone, with no court?

Yes — and this is the whole point of Alabama's 2024 law. You swear a statement and hand it to a police agency in the county; they check that you are the record owner; at least 24 hours later an officer serves a notice to get out. No judge signs anything, and we found no counter-affidavit procedure in it — unlike Georgia, where signing back stops the clock.

Read the law — 3 provisions

Where a state has passed this, it hands the owner the whole mechanism for free. This field tracks the existential risk.

1 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(b) — where the affidavit is filed

The owner of a dwelling or the agent of the owner of a dwelling may request the removal of an unauthorized individual from the dwelling by submitting a sworn affidavit to a law enforcement agency in the county where the dwelling is located

Read it at the source →

2 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) — verification, then service

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.

A CLAIM ABOUT OUR OWN SEARCH: we read the enrolled Act in full on 2026-07-14 and found no judge, no magistrate, no court order and no hearing anywhere in this route — and no counter-affidavit procedure of the kind Georgia has, by which the occupant can stop the removal with a sworn page of their own. The occupant's remedy under this Act comes AFTER they are out: a lawsuit against the owner under subsection (h). This is the species of law that hands the owner the mechanism, and Alabama has it.

Read it at the source →

3 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 7 — effective date

This act shall become effective on June 1, 2024.

This law is widely miscited as "SB 61". It is not. The vehicle was HB 182, by Representative Lipscomb, first read 15 February 2024, passed the House 4 April 2024, amended and passed by the Senate 25 April 2024, with the House concurring the same day — all of which is printed on the enrolled Act we quote from. It is codified in Title 35, Chapter 9B of the Code of Alabama. We were not able to fetch the official codified text (the Code of Alabama is hosted by LexisNexis, which blocks automated retrieval), so we quote the enrolled Act and could not confirm that no later session has amended Chapter 9B.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

How long before they can claim they own it?

Ten years, and only if they have paperwork on record. Alabama's statute says nobody gets title this way unless a deed in their name has been recorded at the probate office for ten years, or they have put your land on the tax rolls in their own name for ten years, or they inherited it from someone who was actually in possession.

Read the law — 2 provisions

The thing an owner of an empty building actually fears. Pure state statute.

1 · Ala. Code § 6-5-200(a) — when adverse possession may confer title to land · secondhand source

(a) Adverse possession cannot confer or defeat title to land unless: (1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action; (2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or (3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.

SECONDARY: the official Code of Alabama is hosted by LexisNexis, which blocks automated retrieval; this was read on a reproduction of the code (onecle) and should be confirmed against the official text. Read the words rather than the number: the clock does not start because a building sat empty. It starts on a recorded document, or on ten years of somebody else paying tax on your house in their own name.

Read it at the source →

2 · Ala. Code § 6-5-200(b) · secondhand source

If the period during which the party's deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.

SECONDARY: read on a reproduction of the code; confirm against the official text. Alabama lawyers also speak of a longer "prescriptive" period developed by the courts rather than by this statute. That rule is not in this section, we could not fetch a primary source for it, and so we do not state it. A caution rather than a comfort: nothing here says a person without paper is safe to ignore.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

This page is the law. What it costs you in Alabama — the filing fee, the sheriff’s bill, the months, and whether you ever see the money again.

Your deed proves you own it. It does not prove you never rented it.

That is the officer’s real question, and the lease in their hand does not contradict your deed. You can swear it is a forgery — but a statement you write the morning after, against a lease dated last year, is worth very little. The version that counts has to already exist.

How DeedProof verifies owners and files the affidavit in advance →

› Every source on this page (6)

DeedProof is not a law firm and this page is not legal advice. We cite primary sources; we do not interpret them for your situation. Laws change — confirm current requirements with the relevant government office or a licensed attorney.