Alabama Security Deposit Demand Letter
In Alabama a landlord must return your deposit, or a written itemization, within 60 days after the tenancy ends. A landlord who misses that deadline owes double the original deposit. Attorney review available.
Introduction
A security deposit demand letter is a written demand an Alabama tenant sends a former landlord to recover a security deposit that has not been returned, before filing suit. Under Alabama's Uniform Residential Landlord and Tenant Act, Ala. Code Section 35-9A-201(b), the landlord may apply the deposit to accrued rent and to damages caused by the tenant's noncompliance with Section 35-9A-301, all as itemized 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 must, within that same 60-day period, provide the tenant an itemized list of amounts withheld (Section 35-9A-201(c)). A landlord may not demand or receive a deposit greater than one month's periodic rent, except for pets, changes to the premises, or increased liability risks (Section 35-9A-201(a)). If the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord must pay the tenant double the amount of the tenant's original deposit (Section 35-9A-201(f)); this penalty does not require a showing of bad faith, and it does not preclude either party from recovering other damages (Section 35-9A-201(g)). If the demand is ignored, an Alabama tenant can sue in district court, whose civil jurisdiction reaches $6,000 (Ala. Code Section 12-12-31), and the deadline to sue on a written lease is six years (Ala. Code Section 6-2-34(4)). DocDraft builds your Alabama security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A security deposit demand letter is a written demand an Alabama tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to court.
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The landlord may apply the deposit to accrued rent and to damages from the tenant's noncompliance with Section 35-9A-301, all itemized in a written notice delivered with the amount due, 60 days after termination of the tenancy and delivery of possession (Ala. Code Section 35-9A-201(b)).
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If the landlord does not refund the entire deposit, the landlord must, within that same 60-day period, provide the tenant an itemized list of amounts withheld (Ala. Code Section 35-9A-201(c)).
- 4
A landlord may not demand or receive a deposit greater than one month's periodic rent, except for pets, changes to the premises, or increased liability risks (Ala. Code Section 35-9A-201(a)).
- 5
If the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord must pay the tenant double the amount of the tenant's original deposit (Ala. Code Section 35-9A-201(f)). This penalty does not require a showing of bad faith.
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The double-deposit penalty does not preclude the landlord or the tenant from recovering other damages to which they may be entitled (Ala. Code Section 35-9A-201(g)).
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If the demand is ignored, an Alabama tenant can sue in district court, whose civil jurisdiction reaches $6,000 (Ala. Code Section 12-12-31); the deadline to sue on a written lease is six years (Ala. Code Section 6-2-34(4)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Alabama, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Alabama Requirements for Security Deposit Demand Letter
In Alabama, any deposit held as security may be applied to accrued rent and to damages from the tenant's noncompliance with Section 35-9A-301, all itemized in a written notice delivered with the amount due, 60 days after termination of the tenancy and delivery of possession (Ala. Code Section 35-9A-201(b)). Your demand letter should state that this deadline has passed.
If an Alabama landlord does not refund the entire deposit, the landlord must, within the 60-day period after termination of the tenancy and delivery of possession, provide the tenant an itemized list of amounts withheld (Ala. Code Section 35-9A-201(c)). A missing or late itemization can be challenged in your demand letter.
An Alabama landlord may apply the deposit only to accrued rent and to the amount of damages the landlord suffered by reason of the tenant's noncompliance with Section 35-9A-301, itemized in a written notice (Ala. Code Section 35-9A-201(b)). Deductions outside these categories can be disputed.
An Alabama landlord may not demand or receive a security deposit greater than one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises (Ala. Code Section 35-9A-201(a)). A deposit demanded above this cap can be challenged.
If an Alabama landlord fails to mail a timely refund or accounting within the 60-day period, the landlord must pay the tenant double the amount of the tenant's original deposit (Ala. Code Section 35-9A-201(f)). This penalty does not require a showing of bad faith, and it does not preclude either party from recovering other damages (Section 35-9A-201(g)).
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address so the landlord can mail the refund. Keep a copy of the letter and the delivery record for a later district court filing.
If the demand is ignored, an Alabama deposit claim is filed in district court, whose exclusive civil jurisdiction reaches a matter in controversy of $6,000, exclusive of interest and costs (Ala. Code Section 12-12-31); the small claims docket is a division of that court.
The deadline to sue on a written lease in Alabama is six years, the limitations period for actions founded on promises in writing not under seal (Ala. Code Section 6-2-34(4)). Filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand an Alabama tenant sends a former landlord to recover a security deposit the landlord did not return or account for within the 60 days that Ala. Code Section 35-9A-201(b) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing suit, and it can note the double-deposit penalty under Section 35-9A-201(f) for a landlord who misses the 60-day deadline.
An Alabama security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. A court case over a deposit is filed in district court, whose civil jurisdiction reaches $6,000 (Ala. Code Section 12-12-31), and the small claims docket is a division of that court. The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you asked for the deposit first.
In Alabama the landlord may apply the deposit to accrued rent and to damages caused by the tenant's noncompliance with Section 35-9A-301, all itemized in a written notice delivered together with the amount due, 60 days after termination of the tenancy and delivery of possession (Ala. Code Section 35-9A-201(b)). If the landlord keeps any part of the deposit, an itemized list of amounts withheld is due within that same 60-day period (Section 35-9A-201(c)). If 60 days pass with no refund and no accounting, a demand letter is the usual next step.
If an Alabama landlord fails to mail a timely refund or accounting within the 60-day period, the landlord must pay the tenant double the amount of the tenant's original deposit (Ala. Code Section 35-9A-201(f)). Unlike the bad-faith penalties in some states, this remedy is triggered simply by the landlord's failure to refund or account on time and does not require proving bad faith. The section also preserves either party's right to recover other damages (Section 35-9A-201(g)).
Under Ala. Code Section 35-9A-201(b), an Alabama landlord may apply the deposit only to accrued rent and to the amount of damages the landlord has suffered by reason of the tenant's noncompliance with Section 35-9A-301, the tenant's statutory maintenance and use obligations, all as itemized in a written notice delivered to the tenant. Deductions outside these categories, or deductions taken without the required written itemization, can be disputed in your demand letter.
Yes. If an Alabama landlord does not refund the entire deposit, the landlord must, within the 60-day period after termination of the tenancy and delivery of possession, provide the tenant an itemized list of amounts withheld (Ala. Code Section 35-9A-201(c)). The permitted deductions themselves must be itemized in a written notice delivered with the amount due (Section 35-9A-201(b)). A missing or late itemization supports a demand for the full deposit and the double-deposit penalty.
An Alabama deposit claim is filed in district court, whose exclusive civil jurisdiction reaches a matter in controversy of $6,000, exclusive of interest and costs (Ala. Code Section 12-12-31), with a small claims docket as a division of that court. A claim can include the amount wrongfully withheld plus, where the landlord missed the 60-day deadline, double the original deposit under Ala. Code Section 35-9A-201(f). The deadline to sue on a written lease is six years (Ala. Code Section 6-2-34(4)).
An Alabama demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 60-day deadline under Ala. Code Section 35-9A-201(b) has passed with no refund and no itemized accounting. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the double-deposit penalty under Section 35-9A-201(f) reinforces the demand.