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Alabama Landlords Have 60 Days After a Tenancy Ends to Return a Security Deposit or Mail an Itemized Accounting

James Brazil vive en Mérida, México. Fundó Swift Agent Sites y estudió Clásicas en la Universidad de Mississippi.

Publicado el · Actualizado el

A long apartment hallway with doors, used here to illustrate Alabama security-deposit return rules when a tenancy ends
Photo by Scarbor Siu on Unsplash

Alabama's security-deposit statute, section 35-9A-201, generally caps a deposit at one month's rent, with listed exceptions for pets, changes to the premises, or increased liability risks. After the tenancy ends and possession is delivered, the landlord has 60 days to refund the deposit or mail an itemized accounting.

Those rules matter when you move out of an Alabama rental, and they are separate from a mover's estimate or an APSC complaint. Read the lease, take photographs, give a written forwarding address, and count the 60 days from termination of the tenancy and delivery of possession.

What is the official cap, and what is not capped the same way?

The statute's general cap is one month's periodic rent. The listed exceptions are pets, changes to the premises, or increased liability risks to the landlord or premises. Prepaid rent is addressed in the same section's title and should be identified clearly in the lease so it is not confused with the security deposit. This article does not invent a statewide interest requirement. If the lease promises interest, that promise is a contract term, not a figure invented here.

Keep the move-in condition report, photographs, and any pet- or alteration-related addendum. Those papers are how you later compare the itemized deductions to unpaid rent and damage.

What happens in the 60 days after you move out?

Upon termination of the tenancy, money held as security may be applied to accrued rent and the amount of damages the landlord has suffered by reason of the tenant's noncompliance with section 35-9A-301, all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 60 days after termination of the tenancy and delivery of possession. If the landlord does not refund the entire deposit, the landlord, within that 60-day period, has to provide the tenant an itemized list of amounts withheld.

Upon vacating, the tenant has to provide a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed. If the tenant fails to provide a valid forwarding address, the landlord mails the deposit or itemized accounting, or both, by first-class mail to the last known address of the tenant or, if none, to the tenant at the address of the property. Any deposit unclaimed by the tenant, as well as any check outstanding, is forfeited by the tenant after a period of 90 days.

The landlord's mailing by first-class mail to the address the tenant provided in writing, within 60 days of the refund or itemized accounting, or both, is sufficient compliance with the chapter. 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. The section does not preclude the landlord or tenant from recovering other damages to which either may be entitled. The holder of the landlord's interest in the premises at the time the tenancy ends is bound by the section.

How should you close out a rental when you also have a mover?

Schedule the move so you can complete a walk-through, return keys, and deliver possession on a date you can prove. Photograph each room after furniture is out. Send the forwarding address in writing, and keep a copy. If a mover caused damage, document whether the claim belongs with the mover, the landlord, or both, and do not let one dispute erase the 60-day deposit clock.

If the itemized list arrives and you disagree, compare it with section 35-9A-201 and with the condition records. If no refund or accounting is mailed within 60 days, the official double-deposit remedy is in the statute. This article is not a court filing and is not legal advice. If you need to enforce the statute, talk with your own advisor and bring the lease, the forwarding-address letter, and the calendar of dates.

If you are leaving an Alabama rental, talk with a licensed local agent if you also need renter's or auto coverage at the new address, and use the official 60-day deposit rules when you turn over the keys.

Photograph meter readings, keys, garage openers, and the empty unit on the day you deliver possession. If a landlord schedules a joint inspection, go if you can and keep your own notes even if the landlord also keeps a form. Mail or deliver the forwarding address in a way you can prove, such as email plus a paper letter, because the statute treats a first-class mailing to the written address as sufficient compliance by the landlord.

If deductions include cleaning or ordinary wear, compare them with the lease and with section 35-9A-301 duties rather than with informal "standard charges." The official 60-day paper has to itemize amounts withheld if the entire deposit is not returned. A single lump-sum deduction with no list is not the itemization the statute describes.

Roommates should decide in writing who will receive the refund. The statute binds the holder of the landlord's interest at the end of the tenancy, which matters if the property is sold while you live there. Give notice according to the lease, and do not assume a verbal move-out date starts the 60 days if possession has not actually been delivered.

FAQ

How large can an Alabama security deposit be?

Section 35-9A-201 generally bars a security amount in excess of one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises.

When is the deposit due back?

The refund or itemized accounting is tied to 60 days after termination of the tenancy and delivery of possession. The tenant should provide a written forwarding address.

What if the landlord misses the 60-day mailing?

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 original deposit.

What if I never send a forwarding address?

The landlord may mail the deposit or accounting to your last known address or to the property. A deposit unclaimed by the tenant, and any outstanding check, is forfeited after 90 days.

Sources: Code of Alabama section 35-9A-201.

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