Alabama · Security Deposits

Security Deposit Not Returned in Alabama: What Can I Do?

Alabama law limits what your landlord can take from your security deposit when you move out. It also sets a deadline for your landlord to send back what is left, along with a written list of anything it kept. This page explains those rules and what you can do if your landlord misses them.

What the law says

  1. When you move out and your lease ends, your landlord can use your deposit money to pay any rent you still owe. This includes rent that came due before you moved out but that you never paid.

  2. Your landlord can use your deposit money to pay for a loss caused by not meeting certain tenant duties under Alabama law. Your landlord must list this amount in a written notice to you.

  3. Alabama law requires you to keep the part of the home you live in as clean and safe as its condition allows. It also requires you to get rid of trash, garbage, and other waste in a clean and safe way. If you do not, your landlord can count this against your deposit.

  4. Alabama law says you must not damage the home on purpose or through carelessness. You must make sure no guest you allow inside does this either. Your landlord can use this kind of damage to take money from your deposit.

  5. Alabama law requires you to follow building and housing codes that materially affect health and safety. In plain words, that means codes that seriously affect whether the home is safe to live in. Breaking a serious safety rule like this is something your landlord can count against your deposit.

  6. Your landlord has 60 days to send you back the part of your deposit it is not keeping. The clock starts on the day your lease ends and you hand back the keys to your home.

  7. If your landlord does not send back your whole deposit, it must give you a written list of the amounts it kept and why. Your landlord must send you this list within that same 60 days.

  8. Whoever owns your rental home when your lease ends must follow the Alabama deposit refund rules. If the home was sold before your lease ended, that means the new owner.

Ask for your deposit back

  1. Keep a copy of your lease and any notice your landlord sends you about your deposit. Write down the date you moved out and returned your keys to your landlord. These records can help you later if you have a problem getting your deposit back or if you need to go to court.

If your landlord does not pay

  1. If your landlord misses the 60-day deadline for your refund or list, it must pay you double your original deposit. For example, if your deposit was $600, your landlord would then owe you $1,200. You get this money only if you win your case and your landlord pays.

  2. Alabama law does not stop you from asking a court for other money you are owed under your lease or the law. You can ask for this in addition to getting your deposit back. You get this money only if you win your case and your landlord pays.