Alabama Security Deposit Law 2026: Limits, Deadlines & Deductions
- Can a tenant use the security deposit as last month's rent? No, not unless you agree in writing. The deposit is security against unpaid rent and damages, not a prepaid rent fund.
- What if the tenant never gives me a forwarding address? Mail the deposit or itemized accounting to their last known address by first-class mail within 60 days. Unclaimed funds are forfeited to you after 90 days.
- Can I charge a pet deposit on top of the one-month cap? Yes. Pet deposits, deposits for changes to the premises, and deposits for increased liability risks are expressly excepted from the cap — but document the reason in the lease.
Alabama caps security deposits at one month's rent, gives landlords 60 days after the tenancy ends to return the balance with an itemized list of deductions, and penalizes a missed deadline with double the original deposit — all under Ala. Code § 35-9A-201. No interest is owed and no separate account is required. Every section below is from the Alabama Uniform Residential Landlord and Tenant Act's security deposit statute.
The short version: Collect no more than one month's rent (plus narrowly defined pet, change-of-premises, or increased-liability deposits). Within 60 days of termination and return of possession, mail the refund plus a written itemized list of anything withheld to the tenant's written forwarding address. Miss the window and you owe double the deposit. That's the whole game.
The statute table
| Citation | What it says (one line) |
|---|---|
| Ala. Code § 35-9A-201(a) | Deposit capped at one month's rent; pet, change-of-premises, and increased-liability deposits sit outside the cap |
| § 35-9A-201(b) | Deposit may be applied to accrued rent and tenant-caused damages; balance due 60 days after termination and delivery of possession |
| § 35-9A-201(c) | Landlord must provide a written itemized list of amounts withheld within the 60-day period |
| § 35-9A-201(d) | Tenant must provide a forwarding address in writing; unclaimed deposits forfeited after 90 days |
| § 35-9A-201(e) | First-class mailing within 60 days counts as compliance |
| § 35-9A-201(f) | Late refund or accounting means the landlord owes double the tenant's original deposit |
| § 35-9A-201(g) | Other damage claims by either side are preserved |
Limits: how much can you charge?
One month's periodic rent, and no more. Section 35-9A-201(a) bars a landlord from demanding or receiving security in excess of one month's rent, with three named exceptions: deposits for pets, deposits covering changes to the premises, and deposits covering increased liability risks. A $1,400-a-month unit can legally carry a $1,400 security deposit plus a $400 pet deposit. Tie each extra deposit to its actual reason and spell out every deposit and its purpose in the lease — a vague "move-in fee" will be treated as security money subject to all the return rules below.
Check your cap with the Security Deposit Max Checker before you list a unit.
Investing across state lines? the 50-State Landlord Law Dataset (CSV + JSON) ($29) puts every state's deposit caps, refund deadlines, and eviction notice rules in one machine-readable table — Alabama's one-month cap is in there alongside the other 49, so you can compare markets without opening 50 browser tabs.
The 60-day deadline, precisely
You have 60 days after termination of the tenancy and delivery of possession — both must have occurred — to mail the refund. First-class mail to the address the tenant provided in writing is sufficient compliance. Note this is one of the longest return windows in the country, and the deadline was extended from 35 to 60 days in 2014, so older guides citing 35 days are out of date.
The tenant's side of the deal: they must give you a valid forwarding address in writing when they vacate. If they don't, mail the deposit or accounting to their last known address (or, failing that, to the property address). Any deposit unclaimed after 90 days is forfeited by the tenant.
Find your exact date with the Security Deposit Deadline Finder.
When the clock actually starts
Both events in subsection (b) have to happen before day one: the tenancy must have terminated and the tenant must have delivered possession. A lease that ends on paper while the tenant is still living in the unit has not started your clock; neither has a tenant who moved out mid-lease while the tenancy technically continues. In practice, possession is delivered when the tenant has vacated and surrendered the unit back to you — keys returned is the cleanest evidence, so log the date and keep the key-return message or receipt with the deposit file. If a tenant leaves belongings behind or the facts are murky, treat the possession date as the fact-specific question it is: document everything, and get advice before assuming the 60 days are running, because the double-deposit penalty is priced on getting this wrong.
A worked example
Say the tenancy terminates and the tenant hands back possession on March 1. Day 60 falls on April 30 — that is the last day your refund or itemized accounting can be mailed and still count as timely. Mail on April 29 and you are compliant even if the envelope arrives in May, because subsection (e) makes the first-class mailing itself the compliance act. Mail on May 1 and the double-deposit penalty in subsection (f) is already owed, no matter how complete your accounting is. Work backwards from day 60, not forwards from move-out day: schedule the walkthrough, the repair estimates, and the letter itself in the first two weeks, while the unit is still fresh in your records.
Deductions and the itemized list
If you withhold anything, you must send a written itemized list of the amounts withheld inside the 60-day window, together with the remaining balance. Deductions are limited to accrued rent and damages from the tenant's noncompliance with the rental agreement. Alabama has no statutory walkthrough requirement, so document unit condition yourself — photos at move-in and move-out are your best defense if a deduction is challenged.
Build the letter with the Security Deposit Deduction Letter Generator.
Move-out compliance checklist
1. Confirm both triggers. The 60-day clock runs from termination of the tenancy and delivery of possession — if the tenant still has keys or property in the unit, possession may not have been delivered yet.
2. Get the forwarding address in writing. Ask for it at move-out; if none is provided, your fallback is first-class mail to the last known address, or the property address if there is none.
3. Document condition immediately. Photograph every room before cleaning or repairs begin; the itemized list is only as strong as the evidence behind each line.
4. Separate the two lawful buckets. Every withheld dollar must be accrued rent or damages from the tenant's noncompliance with the rental agreement — anything else belongs back in the refund.
5. Itemize in writing. List each amount withheld and what it covers; a lump-sum "damages" figure does not satisfy subsection (c).
6. Mail, don't hand-deliver into ambiguity. First-class mail to the written forwarding address within the 60 days is statutory compliance under subsection (e) — keep the mailing receipt with the file.
7. Calendar the 90-day tail. If the refund goes unclaimed, the deposit and any outstanding check are forfeited by the tenant after 90 days under subsection (d) — don't re-issue or spend against it before then.
Interest and where the money sits
No interest is owed, and no separate account or escrow is required. You may hold the deposit in your operating account. The statute is silent on both topics, which is landlord-friendly but means you get no credit for doing either.
The penalty, spelled out
Fail to mail a timely refund or accounting within 60 days and you owe the tenant double the original deposit under § 35-9A-201(f). On the $1,400 deposit from the example above, that is $2,800 owed because a letter went out late — more than most landlords ever withhold in legitimate deductions. The penalty is automatic on a missed deadline — it doesn't require the tenant to prove bad faith. Subsection (g) preserves both sides' rights to pursue other damages on top of the penalty.
Read the statute yourself
Everything on this page traces back to one section of the Alabama Uniform Residential Landlord and Tenant Act. If a deadline or deduction is ever disputed, the text — not a summary — is what controls:
- Ala. Code § 35-9A-201 — full text (Code of Alabama, Title 35, Chapter 9A) — the deposit cap, the 60-day refund rule, the itemization duty, the 90-day forfeiture, and the double-deposit penalty, in the statute's own words.
- Chapter 9A, Article 2 — the rest of the Act's tenancy provisions — useful context for the tenant-obligation rules (Section 35-9A-301) that § 35-9A-201's deductions refer back to.
Note the version history when you read older material: guides published before the 2014 amendment still cite a 35-day refund window and a 180-day forfeiture period. The current text — 60 days and 90 days — is what the links above show.
FAQ
Can a tenant use the security deposit as last month's rent?
No, not unless you agree in writing. The deposit is security against unpaid rent and damages, not a prepaid rent fund.
What if the tenant never gives me a forwarding address?
Mail the deposit or itemized accounting to their last known address by first-class mail within 60 days. Unclaimed funds are forfeited to you after 90 days.
Can I charge a pet deposit on top of the one-month cap?
Yes. Pet deposits, deposits for changes to the premises, and deposits for increased liability risks are expressly excepted from the cap — but document the reason in the lease.
Does the deposit earn interest for the tenant?
No. Alabama imposes no interest requirement.
What counts as a valid deduction?
Accrued unpaid rent and the cost of damages caused by the tenant's noncompliance with the rental agreement — normal wear and tear is not deductible.
What happens if I mail the accounting on day 61?
You owe double the original deposit. The 60-day clock is strict and mailing date, not receipt date, is what counts — send it early.
Does the 60-day rule still apply if the tenant broke the lease early?
Yes. Subsection (b) keys the deadline to termination of the tenancy and delivery of possession, not to how the tenancy ended. Early termination changes what you may deduct (accrued rent and noncompliance damages), not when the refund or accounting is due.
Is a pet deposit refundable like the rest of the deposit?
Yes. The pet, change-of-premises, and increased-liability deposits sit outside the one-month cap, but they are still security money held for the tenant's obligations — the same 60-day refund, itemization, and penalty rules apply to them.
Don't let the 60-day clock beat you. Alabama's deadline sounds generous, but miss it and you owe double the original deposit — and mailing date, not receipt date, is what counts. The Security Deposit Disposition & Deadline Tracker tracks the deadline, the itemization, and the deductions for every move-out in one spreadsheet ($14.95, one-time purchase).
More security deposit guides
- Security deposit laws by state
- Wyoming security deposit law
- Alaska security deposit law
- Wisconsin security deposit law
- Arizona security deposit law
Last verified: October 14, 2026. This is general information, not legal advice. Verify with a licensed Alabama attorney before acting.