Alabama Security Deposit: Your Deadline and Next Step
In Alabama, the landlord must return the deposit within 60 calendar days. The clock starts after the required dates below; the landlord must return the deposit or send an itemized list (Ala. Code § 35-9A-201). Most states allow 30 days; Alabama is longer.
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 60 days | after termination of the tenancy and delivery of possession |
Alabama return rule: 60 calendar days. Check the dates you entered above.
Key facts
| Deadline | 60 calendar days |
|---|---|
| Deadline trigger | after termination of the tenancy and delivery of possession |
| Penalty formula | landlord must pay the tenant double the amount of the tenant's original deposit if refund or accounting is not mailed within 60 days |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | Not more than one month's periodic rent, except additional amounts may be required for pets, changes to the premises, or increased liability risks to the landlord or premises. |
| Forwarding address required | No |
| Small claims limit | $6,000 (District Court small claims division) in District Court / Small Claims |
| Statute citation | Ala. Code § 35-9A-201 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Alabama?
Alabama law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if this condition is met: Keep that part of the premises that he or she occupies and uses as clean and safe as the condition of the premises permits. | Upon termination, security may be applied to accrued rent and damages suffered by reason of the tenant’s noncompliance with Ala. Code § 35-9A-301, all as… | Ala. Code §§ 35-9A-201(b), 35-9A-301 |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ala. Code § 35-9A-201 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ala. Code § 35-9A-201 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ala. Code § 35-9A-201 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Ala. Code § 35-9A-201 |
| Unpaid rent and fees | Yes | 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… | Ala. Code § 35-9A-201(b) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in Alabama hears claims up to $6,000. You can ask for up to $6,000 there, or file for the full amount in District Court / Small Claims. Check the court and fees.
The state record lists a 6-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Jefferson County | Jefferson County District Court - Small Claims Division, Birmingham | $6,000 | Statewide filing fee: Varies by county; the Alabama Judicial System guide directs filers to confirm the fee with the county Small Claims Court Clerk. | Yes | Official court website Court page check not recorded |
| Mobile County | Mobile County District Court - Small Claims Division, Mobile | $6,000 | Statewide filing fee: Varies by county; confirm with the county Small Claims Court Clerk. | Yes | Official court website Court page check not recorded |
| Madison County | Madison County District Court - Small Claims Division, Huntsville | $6,000 | Statewide filing fee: Varies by county; confirm with the county Small Claims Court Clerk. | Yes | Official court website Court page check not recorded |
See all 12 county small claims courts and filing fees
What happens if the landlord misses the deadline?
landlord must pay the tenant double the amount of the tenant's original deposit if refund or accounting is not mailed within 60 days Keep statutory damages separate from the deposit and other actual damages.
Alabama is one of 36 states where the law sets a multiple of the deposit.
With a deposit of $1,007 (median county rent), a claim for the deposit plus the maximum penalty is $3,021; fits under the $6,000 small claims limit.
How does Alabama's deadline compare with other states?
Alabama's return deadline is 60 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the Alabama deadline?
Use the questions above to match your dates to Ala. Code § 35-9A-201, and keep proof of each date.
What is the small claims limit in Alabama?
See the applicable court limits and jurisdictions in the state court guide. Alabama court guide
City data on this page currently includes Huntsville, Birmingham, Montgomery, Mobile, Tuscaloosa, Hoover, Auburn, Dothan.
Tenant resources
- Legal Services Alabamalegal aid
- AlabamaLegalHelp.orglegal aid
- Alabama Attorney General - Consumer Complaintag consumer
- Alabama Judicial System - Small Claims Court Guidecourt self help
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
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. If the landlord does not refund the entire deposit, the landlord, within the 60-day period, shall provide the tenant an itemized list of amounts withheld. 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.
What this means
Sources
- https://alison.legislature.state.al.us/code-of-alabama?section=35-9A-201 · accessed 2026-07-14
- https://legalservicesalabama.org/wp-content/uploads/2024/07/Alabama-Tenants-Handbook-2024-Update-1.pdf · accessed 2026-07-14
- https://judicial.alabama.gov/docs/library/docs/smguide.pdf · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6