Detailed Answer

Short answer: If someone is occupying your Alabama property without a valid rental agreement or your permission, you generally must use the court process to remove them. Do not use force or change locks yourself. The usual legal path is to determine the occupant’s legal status, give any required notice, and then file a court action (forcible entry and detainer or ejectment) to obtain a judgment and a writ of possession enforced by the sheriff.

How Alabama law treats an occupant before a sale

Under Alabama law, an occupant will usually fall into one of three categories:

Tenant – someone with a lease or rental agreement (written or oral). Tenants have statutory eviction protections and must usually be removed through the landlord/tenant eviction process.
Licensee or permissive occupant – someone you allowed to stay or who has some informal permission. You can withdraw permission but must follow legal procedures to remove them.
Trespasser / squatter – someone on the property without permission or legal claim. They are not entitled to stay, but you still generally must seek a court order before physically removing them.

Which category applies changes what notices and procedures you must follow. If title to the property is changing (for example, a pending sale or a sale after foreclosure), the buyer may take title subject to any lawful possession rights that remain — meaning you should remove occupants before closing when possible.

Immediate steps to take

Identify the occupant. Ask for ID, a written lease, or other documents showing a right to occupy. Document dates, interactions, and any statements. Take photos (date-stamped if possible).
Do not use self-help eviction. Never change locks, remove personal property, block utilities, or physically evict someone without a court order — doing so can expose you to criminal and civil liability.
Call local law enforcement only for criminal behavior. If the occupant is committing a crime (breaking in, threatening violence), call police. Police typically will not remove a civil tenant or squatter without a court order unless there is a clear criminal violation.
Provide a written notice if required. If the person might be a tenant or permissive occupant, Alabama eviction/forcible entry rules usually require a written demand to vacate before filing for possession. Consult local court rules or a lawyer for the correct notice form and timing.

The court process to remove an occupant (what usually happens)

1) File the proper action: Owners typically bring an action for forcible entry and detainer or ejectment in the district or circuit court that handles landlord/tenant and property possession disputes. The exact name of the action and the court depends on local practice.

2) Serve the occupant: The occupant must be served with process (a summons and complaint). They will have a short time to respond under local procedural rules.

3) Hearing / judgment: The court will set a hearing. If the court finds the occupant has no right to stay, it will enter a judgment for possession in your favor.

4) Writ of possession / sheriff removal: After judgment, the court issues a writ or order directing the sheriff to remove the occupant and return possession of the property to you. The sheriff typically supervises removal and handles the occupant’s personal property under local rules.

Special issues when a sale is pending

– Before closing: If you are the seller, clear title and possession before closing whenever possible. Buyers often will not close if an occupant remains; they may require removal as a condition of closing.

– After a foreclosure sale or trustee sale: A purchaser at a foreclosure sale may still need to pursue possession through the court if the occupant refuses to leave. The buyer should take steps to remove occupants promptly after acquiring title.

Adverse possession and long-term claims

Adverse possession is a possible legal route for a long-term occupant to claim ownership, but it requires strict legal elements (open, notorious, exclusive, continuous, and adverse possession for the statutory period) and often depends on whether the occupant has “color of title” or pays property taxes. These claims are fact-specific and can take many years to establish. If you suspect an adverse possession claim, consult an attorney immediately to protect your rights and the sale.

Relevant Alabama resources

Alabama Legislature: official Code and statute search — https://www.legislature.state.al.us/
Alabama Administrative Office of Courts: information about local court procedures — https://www.alacourt.gov/

How an attorney can help

Confirm the occupant’s legal status (tenant, licensee, trespasser).
Prepare and serve required notices correctly to avoid delays.
File the proper possession action and represent you at hearing.
Coordinate with the sheriff to obtain and enforce a writ of possession after judgment.
Address any claims of adverse possession or complicated title issues before sale.

Practical timeline: The court process typically takes days to weeks for initial filing and service, but can take longer if the occupant contests, claims tenancy, or asserts other legal defenses. Expect at minimum several weeks in many counties; consult a local attorney for a time estimate for your county.

Helpful Hints

Preserve all evidence: photos, messages, written agreements, and witness statements about when the occupant arrived and what they did.
Document every communication in writing and keep copies of notices served (use certified mail when appropriate).
Confirm whether a lease exists: even an oral agreement may create tenant rights in Alabama.
Don’t allow emotional confrontations. Keep interactions calm and brief and leave law enforcement or attorneys to handle removal.
Talk to a local attorney early if you anticipate a sale — clearing possession before closing avoids buyer disputes and closing delays.
If the occupant has substantial personal property on site, ask the court or sheriff about local rules for storing or disposing of that property to avoid liability.

Disclaimer: This article is informational only and is not legal advice. Laws and court procedures change. For advice specific to your situation, consult a licensed Alabama attorney.