§ 35-9B-2 — Request for the Removal of an Unauthorized Individual from a Dwelling; Affidavit and Notice

(a) 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, or a holdover tenant, as described in Section 34-9A-441.
(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.
(b) 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.
[Signature of Property Owner or Agent of Property Owner]
[Contact Information of Property Owner or Agent of Property Owner]
(c) 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.

Legislative History

(Act 2024-237, §§4(b), 4(c), 4(e).)