Under Alabama law, a landlord must either return a tenant’s security deposit or provide a written, itemized list of deductions within 60 days after the tenancy ends and the tenant returns possession. If the landlord does not comply within that 60-day period, the landlord may be required to pay the tenant double the original deposit amount. The tenant must give the landlord a written forwarding address when vacating so the landlord can mail the refund or accounting.
The statute also says deposits may be applied to unpaid rent and damages, and a tenant may have other remedies if the landlord materially fails to comply with the rental agreement or relevant habitability provisions. There are limits on how large a security deposit may be, and certain procedural rules about mailing the refund or accounting.
Current Alabama law
Every answer cites the statute
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The deadline that matters
60 days after termination of the tenancy and delivery of possession
What Alabama law says
The law generally requires that a landlord either refund the tenant’s security deposit or, if withholding any amount, deliver an itemized list of amounts withheld within 60 days after termination of the tenancy and delivery of possession, and that the tenant provide a written forwarding address on vacating, under Ala. Code § 35-9A-201. If the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord shall pay the tenant double the amount of the tenant’s original deposit, under Ala. Code § 35-9A-201. The tenant may not withhold rent as a way to enforce these rights while still in possession, under Ala. Code § 35-9A-164. If a tenancy is terminated because the landlord materially breached duties affecting health or safety, the landlord must return all security recoverable by the tenant, under Ala. Code § 35-9A-401.
What to do
A common first step is to send a written demand for the deposit and any itemized accounting to the landlord at their last known address.
A common next step is to document the condition of the unit, preserve move-out photos, lease, and any written forwarding address provided to the landlord.
In many cases people prepare to file a small claims action if the landlord does not comply with the 60-day requirement.
Some tenants consider asking for the doubled deposit remedy described in the statute if the landlord failed to timely mail a refund or accounting.
If the landlord claims deductions, a common step is to request copies of receipts or evidence supporting each withheld amount.
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Common questions
How much can a landlord charge for a security deposit?
The law limits a security deposit to no more than one month’s periodic rent, except for certain exceptions like pets or added liability risks, under Ala. Code § 35-9A-201.
What if I did not give a forwarding address when I moved out?
If the tenant fails to provide a written forwarding address, the landlord must mail the deposit or itemized accounting by first class mail to the tenant’s last known address or to the premises’ address, and unclaimed deposits may be forfeited after 90 days, under Ala. Code § 35-9A-201.
Can a landlord keep money for repairs without proof?
The landlord must provide an itemized list of amounts withheld. If the tenant disputes deductions, the tenant may pursue remedies provided by statute and possibly seek damages or attorney fees for landlord noncompliance, as described in Ala. Code § 35-9A-401.
What happens if the landlord does not send a refund or accounting in time?
If the landlord fails to mail a timely refund or accounting within 60 days, the statute provides that the landlord shall pay the tenant double the amount of the tenant’s original deposit, under Ala. Code § 35-9A-201.
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This page provides legal information about Alabama law and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
