DisputeKit / Alabama
How long does a Alabama landlord have to return a security deposit?
60 days. Under Code of Alabama § 35-9A-201, a landlord must refund the security deposit together with an itemized list of any amounts withheld within 60 days. The clock starts when you move out and hand back possession of the unit. A court may also award double the amount of the tenant's original deposit if the landlord does not mail a timely refund or itemized accounting within the 60-day period.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 60 days run from the end of the tenancy and the tenant's handing back possession.
- On moving out the tenant must give the landlord a valid forwarding address in writing; if none is given, the landlord mails the refund or itemized list by first class mail to the tenant's last known address or the rental property address, and mailing within 60 days counts as compliance.
What Alabama law says about deductions and your rights
- The landlord may apply the deposit only to accrued rent and damage caused by the tenant's failure to meet tenant duties under Code of Alabama § 35-9A-301.
- The deposit may not exceed one month's rent, except for extra deposits for pets, changes to the premises, or increased liability risks.
- Important: a deposit or refund check left unclaimed by the tenant is forfeited by the tenant after 90 days, so the tenant should give a forwarding address in writing and cash any refund check promptly.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Alabama is $6,000 on the district court small claims docket, not counting interest and costs, and the filing fee is Set by claim amount and varies by county; ask the district court clerk in the county where you file.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 60 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Alabama?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Alabama law allows a court to award double the amount of the tenant's original deposit if the landlord does not mail a timely refund or itemized accounting within the 60-day period. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Alabama is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.