Section 13A-NEW - [Newly enacted section not yet numbered] Removal of unauthorized individual from dwelling(a) For the purposes of this section, the term "dwelling" has the same meaning as provided in Section 13A-7-1, Code of Alabama 1975.(b) 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.(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.(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.(c) The sworn affidavit requesting the removal of an unauthorized individual from a dwelling must be substantially in the following form: Affidavit to Remove An Individual Unauthorized to Occupy Dwelling
I, the owner, or authorized agent of the owner, of the dwelling located at _______________ declare under the penalty of perjury that:
1. I am the owner of the dwelling or the authorized agent of the owner of the dwelling.2. The real property is a dwelling.3. An unauthorized individual has unlawfully entered or remained in 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.6. There is no litigation related to the dwelling pending between the owner, or his or her agent, and any unauthorized individual.7. Notice was provided by hand delivery to the unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling, and evidence of the notice, including the date and time of delivery, is attached.8. I understand that an individual removed from the property pursuant to this affidavit may bring a cause of action against me for any false statements made in this affidavit, or for wrongfully using this procedure, and that, as a result of such action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.9. I am requesting law enforcement to remove, as soon as possible, the unauthorized individual from the dwelling.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. I have read and assert the truth of every statement made in this affidavit. I understand that my statements in this affidavit are being made under penalty of perjury as provided in Section 13A-10-9, Code of Alabama 1975.
[Signature of Property Owner or Agent of Property Owner]
[Contact Information of Property Owner or Agent of Property Owner]
(d) Upon receipt of the affidavit, the law enforcement agency 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. 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. 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.(e) 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.(f) 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.(g) No law enforcement officer, governmental entity, or political subdivision of the state may be held liable for any action or omission made in good faith pursuant to this section, to the extent that state immunity provides. A law enforcement officer is not liable to an unauthorized individual or any other party for loss, destruction, or damage of property.(h) 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.(i) A utility may rely upon or require a writ of possession under Chapter 9 or 9A of Title 35 of the Code of Alabama 1975, when discontinuing or refusing to discontinue service at a dwelling, dwelling unit, or premises, and the utility shall not be liable for an action if based upon a writ of possession.(j) 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.(k) A law enforcement agency may charge a fee of not more than fifty dollars ($50) to process an affidavit filed pursuant to this section.Ala. Code § 13A-NEW (1975)
Added by Act 2024-237,§ 4, eff. 6/1/2024.