Security Deposit Return Deadlines & Deductions in Alabama
At a glance
| Governing law | Ala. Code §§ 35-9A-201, 35-9A-301 |
|---|---|
| Deadline to return the deposit | 60 days after tenancy termination and delivery of possession (§ 35-9A-201(b)) |
| Itemized statement required? | Yes, if any deposit is withheld; send the itemized list within 60 days (§ 35-9A-201(c)) |
| What can be deducted | Accrued rent and damage from breach of statutory tenant duties (§§ 35-9A-201(b), 35-9A-301) |
| Maximum deposit amount | One month's periodic rent, except for pets, changes to the premises, or increased liability risks (§ 35-9A-201(a)) |
| Interest on the deposit? | No interest duty in the state security-deposit section (§ 35-9A-201) |
| Penalty for a late/bad-faith withholding | Double the original deposit for failing to mail a timely refund or accounting (§ 35-9A-201(f)) |
| Separate account or bond required? | No separate-account or bond duty in the state security-deposit section (§ 35-9A-201) |
Requirements one by one
Deadline and itemization
Ala. Code § 35-9A-201(b)-(c) places the 60-day deadline after both termination of the tenancy and delivery of possession. Subsection (c) requires an itemized list within that period when the landlord keeps any part of the deposit. Mailing the refund or accounting matters: subsection (f) makes failure to mail it on time the trigger for double the original deposit.
Permitted deductions
The landlord may apply the deposit to accrued rent and damage suffered because the tenant failed to meet § 35-9A-301 duties. Those duties include keeping the occupied premises as clean and safe as their condition permits and avoiding deliberate or negligent damage. The statutory test is the tenant's noncompliance with those duties; the deposit provision does not state a separate wear-and-tear formula.
Deposit cap
The one-month limit has three express exceptions: pets, changes to the premises, and increased liability risks (§ 35-9A-201(a)). The section does not prescribe interest, a separate holding account, or a bond for a residential deposit.
What trips people up
Give the landlord a valid forwarding address in writing when vacating. Under § 35-9A-201(d), if none is given, the landlord must mail the refund or accounting by first-class mail to the last known address, or to the rental property's address if there is no other known address. The same subsection says an unclaimed deposit or outstanding check is forfeited by the tenant after 90 days.
Common questions
Does missing the deadline require proof of bad faith? No. Ala. Code § 35-9A-201(f) says the landlord shall pay double the original deposit for failing to mail a timely refund or accounting; it does not add a bad-faith condition.
Can other damages still be recovered? Section 35-9A-201(g) preserves other damages to which either the landlord or tenant may be entitled.
Statutes and sources
- Ala. Code § 35-9A-201 — residential deposit cap, deductions, mailing and accounting rules, and late-mailing remedy. https://alison.legislature.state.al.us/code-of-alabama?section=35-9A-201 (accessed 2026-10-07)
- Ala. Code § 35-9A-301 — tenant duties used by § 35-9A-201 to define deductible damage. https://alison.legislature.state.al.us/code-of-alabama?section=35-9A-301 (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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