Alabama law allows a landlord to charge tenants up to one month’s rent as a security deposit (with certain exceptions). After you move out, your landlord must return your security deposit within 60 days.
Whether you’re looking for your first apartment or you’ve rented property before, navigating rental laws can be a little daunting. Things like figuring out lease agreements or even how much a landlord can charge for a security deposit can give even seasoned pros a headache.
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What is Alabama law on security deposits?
Security deposits in Alabama are considered refundable, meaning you should get your money back when you move out unless you violate the terms of your lease.
Alabama has specific laws about how much landlords can charge for a security deposit, when they must return your deposit, and in what circumstances they can withhold part or all of the money to pay for damages.
You can find the specific statutes in Chapter 9
of Alabama Code Title 35. What is the maximum security deposit a landlord can charge in Alabama?
Landlords in Alabama can charge up to one month’s rent for a security deposit. There are a few situations in which it’s legal for a landlord to charge more, including:
Increased liability risks to the landlord or premises
Landlords can ask you to pay your deposit alongside the first month’s rent, meaning you may want to have at least two months’ rent on hand when signing your lease.
How long does a landlord have to return a security deposit in Alabama?
After you move out, a landlord must return your security deposit within 60 days.
You must provide your landlord with a valid forwarding address when you move out so they can return the deposit by mail.
If you fail to claim your deposit after 90 days despite your landlord making every effort to mail it to you, your deposit will be forfeited.
What can a landlord withhold a security deposit for in Alabama?
A landlord can keep part or all of your deposit to cover any unpaid rent or fix damages to the property beyond reasonable wear and tear.
Your deposit may also be forfeited if you fail to comply with the list of Alabama tenant duties.
Alabama law is pretty clear about what tenants can and cannot do in rented spaces. If a tenant violates any of the duties laid out in the lease agreement or statutes, a landlord has every right to keep their security deposit. Some of the tenant duties listed include:
Complying with all health and building codes
Keeping the property as clean and safe as possible
Disposing of trash or rubbish in a safe manner
Keeping all plumbing clear
Using all heating, air-conditioning, electric, plumbing, and other building facilities in a reasonable manner
Never willfully or negligently causing damage to the property or permitting anyone else to do so
Disturbing neighbors (or allowing others to do so)
Failure to comply with any of these duties can result in the loss of your security deposit.
Key Takeaway Security deposits in Alabama are generally refundable, but tenants have to comply with Alabama statutes or their landlord can keep the deposits.
MORE: How to find the best renters insurance
How to get your security deposit back in Alabama
First and foremost, the best way to ensure that you get your deposit back in Alabama is to comply with all the tenant laws. Keeping your rental property clean and free of major damage means your landlord won’t have to take money out of your deposit to clean or repair the property.
However, if you do a good job of maintaining the property but you still haven’t gotten your deposit back after 60 days of moving out, there are some steps you can take.
First, contact your landlord in writing. This way you can make sure they have your correct forwarding address. There may simply have been a mix-up and a gentle nudge is all the landlord needs to get you your money.
If your landlord says they need to keep some or all of your deposit, make sure they provide an itemized list of deductions. Landlords must provide this list within 60 days of you moving out.
If your landlord doesn’t return your deposit or fails to provide a list of deductions within 60 days, they must pay you double your initial deposit in compensation.
MORE: Alabama minimum car insurance laws
How to save money on car and renters insurance in Alabama
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