Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-201

Security Deposits; Prepaid Rent.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026AlabamaSecurity Deposits

Operative Text

Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-201
(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.

(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.

(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: Legislative text reproduced verbatim
Plain English

Alabama Code § 35-9A-201 governs how security deposits and prepaid rent are handled in residential tenancies. A landlord's security deposit demand is generally capped at one month's periodic rent, though exceptions exist for pets, premise modifications, or heightened liability risks. After a tenancy ends, the landlord has 60 days to either return the deposit or provide a written, itemized accounting of any amounts withheld; failure to meet that deadline triggers a penalty of double the original deposit amount. Neither party is barred from pursuing other damages beyond what this section addresses.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 35-9A-201, compliant landlords collect security deposits at or below the one-month rent cap (unless a documented exception applies, such as a pet or structural modification) and maintain clear records of any deductions. Within 60 days of tenancy termination and possession delivery, operators mail either a full refund or a written itemized statement of withheld amounts to the forwarding address the tenant provided in writing. Landlords who miss that 60-day window face a statutory obligation to pay the tenant double the original deposit, so timely documentation and mailing practices are central to compliance with this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 35-9A-201 gives tenants the right to receive either a full deposit refund or a written itemized list of deductions within 60 days of moving out and surrendering possession. Tenants should provide a valid forwarding address in writing when vacating, since that address triggers the landlord's mailing obligation and protects the tenant's right to receive funds; unclaimed deposits may be forfeited after 90 days. If a landlord misses the 60-day deadline without providing a proper accounting, the law entitles the tenant to double the original deposit amount — tenants who believe this right has been violated may consider consulting a tenant-rights organization or exploring small claims court as a general enforcement path.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Ala. Code § 35-9A-141
Ala. Code § 35-9A-441
Ala. Code § 35-9A-141
Ala. Code § 35-9A-302
Ala. Code § 35-9A-204
Ala. Code § 35-9A-301
Ala. Code § 35-9A-204
Ala. Code § 35-9A-441
Ala. Code § 35-9A-201
Ala. Code § 35-9A-422
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-203
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-401
Ala. Code § 35-9A-201
Ala. Code § 35-9A-201
Ala. Code § 35-9A-301
Ala. Code § 35-9A-141
Ala. Code § 35-9A-301
Ala. Code § 35-9A-304
Ala. Code § 35-9A-161
Ala. Code § 35-9A-421
Ala. Code § 35-9A-401
Ala. Code § 35-9A-204
Ala. Code § 35-9A-407
Ala. Code § 35-9A-401
Ala. Code § 35-9A-163

Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

Source Information

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Fetched:Oct 16, 2026, 11:48 AM UTC