| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage |
| Return Deadline | 60 Days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x the Deposit |
For laws on security deposit collections and holdings in Alabama, click here.
Some cities and counties may have regulations which are different than those presented here. Always check local laws.
Security Deposit Deductions in Alabama
In Alabama, the following things can be deducted from security deposits:
- Unpaid rent
- Costs of damage excluding normal wear and tear
Most states, such as Alabama, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Alabama?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive Damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Alabama?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Alabama?
Landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Alabama?
Landlords can make deductions from the security deposit for cleaning, but only if the tenant causes damage that requires cleaning such as wine stains on the carpet.
Can the Landlord Charge for Painting in Alabama?
In Alabama, landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Alabama
Landlords must return any remaining portion of a security deposit within 60 days after the lease term ends and the tenant vacates the rental unit. If deductions are to be made from the security deposit, an itemized statement of deductions must be provided.
How Long Do Landlords Have to Return Security Deposits in Alabama?
Alabama landlords have 60 days after the lease term ends and the tenant vacates the rental unit to return any remaining portion of the security deposit.
Do Landlords Owe Interest on Security Deposits in Alabama?
Alabama law does not require landlords to provide interest on held security deposits.
How Do Landlords Give Notice?
If deductions are to be made from the security deposit, an itemized statement of deductions must be sent by first-class mail to the tenant’s forwarding address.
If the tenant fails to provide a forwarding address, the landlord must mail the notice to the last known address of the tenant or, if none, to the tenant at the address of the property. If the deposit is unclaimed after 90 days, the tenant forfeits their right to it.
Can a Security Deposit Be Used for Last Month’s Rent in Alabama?
Alabama law does not forbid the security deposit from being used for any outstanding rent. Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Alabama
If landlords do not return the security deposit or provide an itemized statement of deductions, if any, within the required time period, tenants can file for damages in court up to twice the amount of the deposit.
Tenants can also take legal action against a landlord for unreasonable deductions.
How Can Tenants File a Dispute for a Security Deposit in Alabama?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $6,000.
If the amount is greater, the tenant must file a civil case in District Court.
A small claims case regarding the return of a security deposit must be filed within 6 years.
Cases are filed in the Small Claims Court where the rental property is located or where the defendant lives. An attorney is not required but permitted.
Sources
- 1 Ala. Code § 35-9A-201(a) & (b)
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(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.
Source Link - 2 Ala. Code § 35-9A-201(g) & (h)
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(g) This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled.
(h) The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link
- 3 Ala. Code § 35-9A-201(c) - (f)
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(c) 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.
(d) Upon vacating the premises, the tenant shall provide to the landlord a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed. If the tenant fails to provide a valid forwarding address, the landlord shall mail, by first class mail, the deposit or itemized accounting, or both, to the last known address of the tenant or, if none, to the tenant at the address of the property. Any deposit unclaimed by the tenant as well as any check outstanding shall be forfeited by the tenant after a period of 90 days.
(e) The landlord’s mailing by first class mail to the address provided in writing by the tenant, within 60 days of the refund or itemized accounting, or both, is sufficient compliance with this chapter.
(f) 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.
Source Link - 4 Ala. Code § 12-12-31(a)
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The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed on a small claims docket by each district court and shall be processed according to uniform rules of simplified civil procedure as may be promulgated by the Supreme Court.
Source Link
- 5 Ala. Code § 12-12-30
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The original civil jurisdiction of the district court of Alabama shall be uniform throughout the state, concurrent with the circuit court, except as otherwise provided, and shall include all civil actions in which the matter in controversy does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction over any of the following matters:
(1) Actions seeking equitable relief other than:
a. Equitable questions arising in juvenile cases within the jurisdiction of the district court.
b. Equitable defenses asserted or compulsory counterclaims filed by any party in any civil action within the jurisdiction of the district court.
(2) Any actions enumerated in Rule 81 of the Alabama Rules of Civil Procedure other than any of the following:
a. Actions based in negligence against municipalities.
b. Actions seeking substitution of lost or destroyed records or instruments.
c. Summary motion proceedings.d. Relieving disabilities of nonage.
(3) Actions seeking declaratory judgments.
(4) Appeals from probate or municipal courts.
Source Link - 6 Ala. Code § 6-2-34(4) & (6)
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The following must be commenced within six years:
…
(4) Actions founded on promises in writing not under seal;
…
(6) Actions for the use and occupation of land.
Source Link - 7 Ala. Code § 6-3-2(a)
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In proceedings of a legal nature against individuals:
(1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies.
(2) All actions on contracts, except as may be otherwise provided, must be commenced in the county in which the defendant or one of the defendants resides if such defendant has within the state a permanent residence.
(3) All other personal actions, if the defendant or one of the defendants has within the state a permanent residence, may be commenced in the county of such residence or in the county in which the act or omission complained of may have been done or may have occurred.
Source Link - 8 Ala. Code § 12-12-31(b)
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A party, including an individual, partnership, or corporation, may appear in cases on the small claims docket of district court with or without representation by an attorney. If a partnership appears without representation by an attorney, the person representing the partnership shall be a partner or employee of the partnership and if a corporation appears without representation by an attorney, the person representing the corporation shall be an officer or full-time employee of the corporation.
Source Link
