Is there any law in Alabama to obtain my security deposit and prepaid rent?
Full Question:
I am an Alabama resident and had been staying in a rental house. I vacated from the rental house three months back on completion of the lease term. But the landlord did not reimburse the security deposit. Is there any provision to obtain my security deposit and prepaid rent?
12/28/2016 |
Category: Landlord Ten... ยป Security Dep... |
State: Alabama |
#29018
Answer:
“***
(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.
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Thus, the landlord is liable to pay security deposit and prepaid rent upon termination of tenancy, per the preceding statute. You are entitled to recover the security deposit and prepaid rent upon termination of tenancy. Also, if the landlord fails to refund the amount owed, you are entitled to recover double the amount of security deposit.
