--- title: "Alabama Landlord Rules: Deposits, Notices, Evictions | MCC" description: "Alabama landlord-tenant rules: deposit capped at 1 month of rent, deposit returned within 60 days, 30-day notice to end month-to-month. Official sources linked." url: "https://mcc-solutionsnj.com/tools/alabama-landlord-rules" --- Free tool · Alabama · Landlords and tenants # Alabama landlord rules: deposits, notices and the eviction steps The deposit rules, notice periods, eviction case and small claims limit for Alabama, each from the state's own pages or courts. **Quick answer.** Security deposit return deadline in Alabama: The amount due 60 days after the tenancy ends and possession is delivered, with an itemized list of amounts withheld within that 60-day period (35-9A-201). Deposit limit: No more than one month's periodic rent, except for pets, changes to the premises, or increased liability risks (35-9A-201(a)). A 2023 bill (SB242) proposed removing this limit; check the current Code. **Sources checked:** November 2026 **Quick answer.** Alabama: deposit capped at 1 month of rent; deposit returned within 60 days; 30-day notice to end month-to-month; 7-day notice for unpaid rent; 48-hour entry notice; $6,000 small claims limit. 16 of 23 items are confirmed on official pages; 7 are marked not confirmed, with the page to check. ## Key numbers Deposit limit 1 month's rent Deposit back within 60 days Month-to-month notice (landlord) 30 days Unpaid rent notice 7 days Entry notice 48 hours Filing fee Varies by county Time to answer or appear 7 days Judgment to writ 7 days Small claims limit $6,000 ## Security deposit (5 of 6 confirmed) Law read: Code of Alabama 35-9A-201. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - ### ConfirmedDeposit limit No more than one month's periodic rent, except for pets, changes to the premises, or increased liability risks (35-9A-201(a)). A 2023 bill (SB242) proposed removing this limit; check the current Code. Source: [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf), checked November 2026 - ### ConfirmedReturn deadline The amount due 60 days after the tenancy ends and possession is delivered, with an itemized list of amounts withheld within that 60-day period (35-9A-201). Source: [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf), checked November 2026 - ### ConfirmedItemized list of deductions An itemized list of the amounts withheld, within the 60-day period (35-9A-201). The tenant gives a valid forwarding address in writing on leaving. Source: [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf), checked November 2026 - ### ConfirmedInterest on the deposit None stated in 35-9A-201 as reprinted in 2023 SB242. Source: [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf), checked November 2026 - ### Not confirmedWhere the deposit is held Not confirmed — check [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf). Not confirmed from official text. Check the Code of Alabama 35-9A-201. - ### ConfirmedPenalty the law states Double the amount of the tenant's original deposit if the landlord doesn't refund or account for it within 60 days (35-9A-201). Source: [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf), checked November 2026 Read from the text of 35-9A-201 reprinted in a 2023 bill. Confirm against the current Code of Alabama. More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-AL) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=AL) ## Notice periods (4 of 6 confirmed) What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too. | Notice | Rule | Source | | --- | --- | --- | | Ending month-to-month (landlord) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf), checked November 2026 (Code of Alabama 35-9A-441) | | Ending month-to-month (tenant) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf), checked November 2026 (Code of Alabama 35-9A-441) | | Rent increase notice | Not confirmed — check [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf). Not in the 2006 act text read. Check the current Code of Alabama, chapter 35-9A. | | | Unpaid rent notice | 7 days after the tenant receives written notice to terminate for nonpayment. | Source: [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf), checked November 2026 (Code of Alabama 35-9A-421(b)) | | Entry notice | At least 2 days' notice; reasonable times. | Source: [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf), checked November 2026 (Code of Alabama 35-9A-303) | | Late fee limits | Not confirmed — check [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf). Not in the 2006 act text read. Check the current Code of Alabama. | | More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-AL) · [Notice date calculator](/tools/notice-date-calculator?state=AL) ## Eviction case, in order (6 of 10 confirmed) - **Notice before filing** The written notice comes first; its length is in the notice table above.Unpaid rent: 7 days after the tenant receives written notice to terminate for nonpayment. - **Filing the case** Where the case goes and what it costs to start. #### ConfirmedCourt Eviction (unlawful detainer) cases can be filed in District Court or Circuit Court; the county court pages describe District Court filing.District Court and Circuit Court have concurrent jurisdiction. Source: [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/), checked November 2026 - #### ConfirmedFiling fee Set locally. County court pages we opened list $280 (Russell), $305 (Escambia) and $350 (Mobile and Montgomery) to start a case, with added fees per defendant.the initial filing fee is $350.00 Source: [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/), checked November 2026 - **The tenant's answer or appearance** #### ConfirmedTime to answer or appear Seven calendar days after service to answer the claim for possession (14 days for a money claim).Seven (7) calendar days to file an answer to complaint for possession of property. Source: [Russell County District Court: Residential Landlord-Tenant Guidelines to Filing of Unlawful Detainer Actions](https://russell.alacourt.gov/media/1037/unlawful-detainer-filing-packet.pdf), checked November 2026 - **Hearing or trial** #### Not confirmedHearing after filing Not confirmed — check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/). Not confirmed on an official page we opened. - **Judgment and the writ** The order that lets the officer act. #### ConfirmedJudgment to writ The writ of possession can be requested only after the 7-day stay that follows the judgment (the time to appeal) has run.ONLY after the automatic-Stay of seven(7) days has fully elapsed Source: [Escambia County: Eviction / Unlawful Detainer Procedure (07/2025)](https://escambia.alacourt.gov/media/1329/eviction_unlawful-detainer-filing-procedure-092025.pdf), checked November 2026 - **Lockout** Carried out by an officer, not by either side. #### Not confirmedWrit to lockout Not confirmed — check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/). Not confirmed on an official page we opened. - #### ConfirmedWho carries out the lockout The writ directs the county's law enforcement (the sheriff) to restore possession to the landlord.a court order to the Sheriff to immediately return property to the property owner Source: [Escambia County: Eviction / Unlawful Detainer Procedure (07/2025)](https://escambia.alacourt.gov/media/1329/eviction_unlawful-detainer-filing-procedure-092025.pdf), checked November 2026 - **Along the way** Paying to stop the case, counsel and diversion programs. #### Not confirmedPaying to stop the case Not confirmed — check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/). Not confirmed on an official page we opened. - #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026 - #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/). Not confirmed on an official page we opened. An appeal does not stop the writ unless the tenant pays the circuit clerk all rent properly payable (Act 2006-316, section 35-9A-461(d)); the Mobile and Montgomery pages describe this as an appeal bond based on past-due and accruing rent. The writ timing above comes from a county procedure sheet; other counties may word it differently. ### Example: a case filed Monday, March 1, 2027 The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer. | Stage | Earliest date | | --- | --- | | Case filed | Monday, March 1, 2027 | | Answer due (if served the day of filing) | Monday, March 8, 2027 | Help the official pages name: Legal Services Alabama (1-866-456-4995), named on the Russell County packet. More: [Alabama eviction process](/tools/eviction-process-alabama) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=al) ## Deposit disputes: small claims - ### ConfirmedSmall claims limit (for a deposit dispute) $6,000: the most a small claims case can ask for.The maximum you may sue for, or be sued for, in small claims is $6,000 (county circuit clerk pages on alacourt.gov).Filing fee to start a case: $56 to $248. Source: [Russell County Circuit Clerk: Small Claims](https://russell.alacourt.gov/small-claims/), checked November 2026 More: [Alabama small claims court](/tools/small-claims-alabama) ## Still to confirm - Where the deposit is held: check [Alabama Legislature: 2023 SB242 as introduced (reprints Code section 35-9A-201)](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB242-int.pdf) - Rent increase notice: check [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf) - Late fee limits: check [Alabama Unified Judicial System (Macon County): reprint of the Alabama Uniform Residential Landlord and Tenant Act, Act 2006-316](https://macon.alacourt.gov/media/1026/universal-residential-landlord-and-tenant-act.pdf) - Hearing after filing: check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/) - Writ to lockout: check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/) - Paying to stop the case: check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/) - Diversion or mediation (statewide): check [Mobile County (Thirteenth Judicial Circuit): Unlawful Detainers](https://mobile.alacourt.gov/district-civil-and-small-claims/unlawful-detainers/) General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word. ## Common questions **How much can a security deposit be in Alabama?** No more than one month's periodic rent, except for pets, changes to the premises, or increased liability risks (35-9A-201(a)). A 2023 bill (SB242) proposed removing this limit; check the current Code. **How long does a Alabama landlord have to return a deposit?** The amount due 60 days after the tenancy ends and possession is delivered, with an itemized list of amounts withheld within that 60-day period (35-9A-201). What goes with it: An itemized list of the amounts withheld, within the 60-day period (35-9A-201). The tenant gives a valid forwarding address in writing on leaving. **How much notice ends a month-to-month tenancy in Alabama?** From the landlord: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. From the tenant: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. **What notice comes before an unpaid-rent case in Alabama?** 7 days after the tenant receives written notice to terminate for nonpayment. **How much notice before a landlord enters a rental in Alabama?** At least 2 days' notice; reasonable times. **How long does an eviction case take in Alabama?** Time to answer or appear: 7 days. Judgment to writ: 7 days. These are the stated rules; the court's calendar often takes longer. **What does it cost to file an eviction case in Alabama?** Set locally. County court pages we opened list $280 (Russell), $305 (Escambia) and $350 (Mobile and Montgomery) to start a case, with added fees per defendant. Related: [Landlord rules by state](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords) ## Keep rental records in order [Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)