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Alabama Security Deposit Law, in Plain English
Alabama Security Deposit Law, in Plain English
- 60 daysDeadline after termination and delivery of possession to mail the refund or an itemized accounting
- 1 month's rentThe cap — with extra security allowed for pets, alterations, or increased liability risks
- 1 addressThe written forwarding address the tenant must give on vacating
- 90 daysAfter which an unclaimed deposit or uncashed refund check is forfeited by the tenant
- 2x the original depositWhat a landlord pays for mailing no refund or accounting within 60 days
One month's rent — plus pets, alterations, and "increased liability risks"
A landlord may not demand or receive security exceeding **one month's periodic rent** — except for **pets**, **changes to the premises**, or **increased liability risks** to the landlord or the property. Those three exceptions are broad enough that many Alabama leases legally exceed a month; the question to ask is which exception the extra amount is tied to.
The statute requires no interest and no separate account. The deposit sits with the landlord until the tenancy ends.
After move-out: 60 days to refund or itemize — by mail
Within **60 days** after termination of the tenancy and delivery of possession, the landlord must mail either the refund or a **written itemized accounting** of amounts withheld, together with any balance due. The deposit may be applied to **accrued rent** and **damages** from the tenant's noncompliance with the statutory tenant duties in § 35-9A-301 — keeping the unit clean and safe, not deliberately or negligently damaging it. Ordinary wear and tear breaches none of those duties.
Two tenant-side rules shape the process. On vacating, the tenant **shall provide a valid forwarding address in writing**; without one, the landlord mails first-class to the **last known address** — usually the apartment the tenant just left. And any deposit the tenant doesn't claim, or any refund check left uncashed, is **forfeited after 90 days**. In Alabama, the tenant's inaction can lose the money.
Sixty days to itemize. Double the deposit if you don't. The record makes the accounting easy.
PropInspect walks you room by room — photos, 60-second video clips, and tagged notes attached to each room. Share the finished report as a link the other party can view without an account, or download it as a PDF to attach to the itemized accounting. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.
PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Alabama law or a particular result in a deposit dispute.
Start an inspectionWhen it goes wrong: double the original deposit — no lawyer required
The statute's penalty is aimed at silence: **"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."** Note what's doubled — not the amount withheld, the **original deposit**. A landlord who withholds $200 with a proper accounting owes $200 if wrong; a landlord who mails nothing on a $1,200 deposit owes $2,400.
The section awards no attorney's fees, so most tenants pursue it in small claims on their own. The obligation survives a sale of the property: whoever holds the landlord's interest at termination is bound.
Disputes go to the **small claims division of the district court**, for claims up to **$6,000** — informal and inexpensive. The winning file: the lease, the written forwarding address, the 60-day accounting or the postmark showing there wasn't one, and dated room-by-room photos from both ends of the tenancy.
Frequently asked questions
How long does a landlord have to return a security deposit in Alabama?
60 days after the tenancy ends and you deliver possession. Within that window the landlord must mail the refund, or an itemized written accounting of what was withheld with any balance due. Older guides quoting 35 days are describing the pre-2007 law.
How much can a landlord charge for a security deposit in Alabama?
One month's periodic rent — but the statute allows extra security for pets, for changes you make to the premises, or for increased liability risks. Those exceptions are why many Alabama leases legally exceed a month.
Do I have to give my landlord a forwarding address in Alabama?
Yes — in writing, when you vacate. If you don't, the landlord mails the refund or accounting first-class to your last known address, which is usually the apartment you just left. And an unclaimed deposit or an uncashed refund check is forfeited after 90 days.
What can a landlord deduct from a deposit in Alabama?
Accrued rent and damages from your failure to meet the tenant duties in § 35-9A-301 — keeping the unit clean and safe, not deliberately or negligently damaging it. Ordinary wear and tear isn't a breach of those duties and isn't deductible.
What happens if the landlord misses the 60-day deadline?
The statute says the landlord 'shall pay the tenant double the amount of the tenant's original deposit' — double the whole deposit, not just the part withheld. There's no attorney's fee award, so most tenants pursue it in small claims without a lawyer.
Does my deposit earn interest in Alabama?
No. Alabama requires neither interest nor a separate account; the deposit's protection is the 60-day rule and the double-deposit penalty behind it.
What if I never cashed the refund check?
Cash it. Under § 35-9A-201, any deposit unclaimed by the tenant — and any check left outstanding — is forfeited after 90 days. It's one of the few deposit rules in the country where the tenant's inaction loses the money.
Where do deposit disputes go in Alabama?
The small claims division of the district court, for claims up to $6,000 — informal and inexpensive. Bring the lease, your written forwarding address, the 60-day accounting or proof none arrived, and dated move-in and move-out photos.
Landlord or tenant, the rule is the same: the record wins arguments you'd rather not have.
Document the move-in today so the move-out is boring. Photos, video, and notes for every room, offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.
PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Alabama law or a particular result in a deposit dispute.
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Sources and official texts
- Ala. Code § 35-9A-201 — security deposits; prepaid rent (FindLaw mirror of the official code)
- Ala. Code § 35-9A-201 — Justia mirror (2025 Code of Alabama)
- Alabama Judicial System — Small Claims (district court) ($6,000 limit)
- Legal Services Alabama / AlabamaLegalHelp.org — security deposits (plain-language guide)