Madison County Eviction Court β Landlord Filing Guide (2025)
Everything Alabama landlords need to file a Unlawful Detainer in Madison County β fees, courthouse info, timeline, and step-by-step process.
ποΈ Madison County Courthouse Information
- Courthouse: Madison County Courthouse
- Address: 100 Northside Square, Huntsville, AL 35801
- Phone: (256) 532-3390
- Hours: MonβFri, 8:00 AM β 4:30 PM
- Case type: Unlawful Detainer
β οΈ Madison County β What Landlords Should Know
Madison County follows standard Alabama eviction procedures.
Need an Eviction Attorney in Madison County?
Procedural mistakes can get your case dismissed. Get matched with a local Madison County eviction attorney β free consultation.
Step-by-Step: How to File an Eviction in Madison County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 7-day Pay or Quit notice is required. For lease violations, serve a 7-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Alabama law.
File Your Unlawful Detainer at Madison County Courthouse
After the notice period expires without compliance, file your eviction complaint at the Madison County Courthouse (100 Northside Square, Huntsville, AL 35801). The filing fee is $156. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Madison County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $25. You must NOT serve the summons yourself β improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Madison County are typically scheduled 2β3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The Alabama Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself β this constitutes illegal self-help eviction in Alabama.
Madison County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $156 | Paid to Madison County Clerk of Court |
| Summons Service | $25 | Sheriff or process server fee |
| Writ of Possession | ~$21β$25 | Sheriff enforcement after judgment |
| Attorney (optional) | $400β$1500 | Recommended for contested cases |
Frequently Asked Questions β Madison County Evictions
How long does an eviction take in Madison County?
The typical Madison County eviction takes 3β4 weeks from serving the initial notice to enforcement β assuming the tenant does not contest. A contested eviction can take significantly longer. Madison County is generally considered a landlord-friendly jurisdiction.
How much does it cost to file an eviction in Madison County?
The court filing fee in Madison County is $156. Additional costs typically include: process service or sheriff fee ($25), Writ of Possession enforcement (~$21β$25), and attorney fees if represented ($400β$1500). Total out-of-pocket without an attorney is typically $202β$206.
What court handles evictions in Madison County?
Evictions in Madison County are filed at the Madison County Courthouse, located at 100 Northside Square, Huntsville, AL 35801. The case type is filed as a Unlawful Detainer.
Can I file an eviction online in Madison County?
Madison County does not currently offer online filing for eviction cases. You must file in person at the Madison County Courthouse.
Do I need a lawyer to evict a tenant in Madison County?
Alabama law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.
What happens if the tenant doesn't leave after the eviction judgment in Madison County?
After a judgment in your favor, request a Writ of Possession from the court. The Madison County Sheriff's office will then execute the writ β notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Alabama.
See full Alabama eviction laws and notice requirements.
Alabama Eviction Guide for Landlords βDownload the eviction notice you must serve before filing in Alabama.
Alabama Eviction Notice Templates βIs your tenant facing eviction in Madison County? See their rights.
Tenant Rights in Madison County βRelevant Alabama Statutes
- Primary eviction statute: Ala. Code Β§ 35-9A-401
- This guide is for informational purposes only. Laws change β verify with current Alabama statutes or a licensed Madison County attorney.