Alabama Statewide Rule
Alabama Security Deposit Law: One-Month Cap, 60-Day Return
Key Facts
- Deposit cap
- One month's periodic rent (exceptions for pets, alterations, increased liability)
- Return deadline
- 60 days after termination and delivery of possession
- Itemized statement
- Required within 60 days if any amount is withheld
- Statute
- Ala. Code § 35-9A-201
- Penalty
- Double the original deposit for failure to refund/account in time
Summary
Alabama caps a residential security deposit at one month's rent under Ala. Code § 35-9A-201, with exceptions for pets, alterations, and added liability risk. Landlords must return the deposit and provide an itemized accounting within 60 days of termination and delivery of possession, or owe double the deposit.
Section 35-9A-201. Security Deposits; Prepaid Rent. (a) A landlord may not demand or receive money as security, in an 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, for tenant's obligations under a rental agreement. (b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that 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.
Full Breakdown
Under Alabama's Uniform Residential Landlord and Tenant Act, Ala. Code § 35-9A-201 bars a landlord from demanding security "in an amount or value in excess of one month's periodic rent," though additional amounts may be charged for pets, tenant-requested changes to the premises, or activities that increase liability risk to the landlord or premises. After the tenancy ends, the landlord may apply the deposit to accrued rent and damages from the tenant's noncompliance with § 35-9A-301, but must deliver written notice with an itemized statement and any refund due within 60 days of termination and delivery of possession. The tenant must furnish a valid written forwarding address; otherwise an unclaimed deposit may be forfeited after 90 days.
Violations & Penalties
If the landlord fails to mail a timely refund or itemized accounting within the 60-day period, Ala. Code § 35-9A-201 requires the landlord to pay the tenant double the amount of the tenant's original deposit. The tenant may sue to recover this amount.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Alabama?
How long does a landlord have to return a security deposit in Alabama?
What can a landlord deduct from a security deposit in Alabama?
Sources
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