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ANB428 · Jul 27, 2009, 05:59 AM

In the state of AL, how long does a landlord have to give the tenants deposit back?

What happens if the landlord doesn't give the deposit back. What actions do you take then?

Thanks!

ScottGem · Jul 27, 2009, 06:24 AM

21 days and double penalty

See

Alabama Tenant Landlord Law Security Deposit Eviction

N0help4u · Jul 27, 2009, 06:26 AM

Alabana he has 21 days to return the deposit and a detailed itemized statement of any deductions.
If not you can take him to small claims court.

Normal Wear and Tear Apartment Cleaning Landlord Tenants

ANB428 · Jul 27, 2009, 06:46 AM

Okay, so next Monday will be 21 days since I have moved everything out and turned in my keys. I have been trying to contact my old landlord since then. I have at least called him 10 times and left about 5 messages and he has not returned my calls back.

So, what sort of documentation will I need to take him to court if I have to. What will the costs be? And, what court will I take him to? Thanks for the links, I am going over them right now.

N0help4u · Jul 27, 2009, 06:49 AM

Small claims, magistrate, district court,
They go by different names in different areas.

You can write down the days and times you attempted to call him. It would be up to him to prove he doesn't owe you and why he didn't comply to the 21 day return.
In my district it costs around $58. To file and I don't think that can be attached to what he owes you.

ANB428 · Jul 27, 2009, 06:54 AM

Okay, I never took any pictures of the house before I turned the keys in, so I don't have any of that, and I can't find my old lease from 3 years ago. Will I still be able to take him to court? Do I also have to have the documentation of my deposit that was given to him when I first moved in?

Thanks for all of your help.

N0help4u · Jul 27, 2009, 06:59 AM

Yes you can because it will be up to him to prove he doesn't owe you. You should take your proof of security deposit if possible and any other stuff pertaining to your renting from him that you can possibly take.
He should have to prove with receipts that he made any repairs for any claims he says he had to do.

ANB428 · Jul 27, 2009, 07:08 AM

Okay, cool. Thank you so much for all of your help. This is really aggravating me, because I made sure to clean that apt up really well before I moved out to get my deposit back. I spent over a day cleaning everything. Now he won't even answer or return my phone calls and it is making me mad.

He never had a problem calling me or answering my phone calls when I was giving him money for rent, but now that I want my deposit back, he won't answer or return my calls.

Do I need to get a lawyer to do all of this, or can I do it on my own?

N0help4u · Jul 27, 2009, 07:14 AM

I don't know if you need a lawyer. I think that is something you can just do on your own.

ANB428 · Jul 27, 2009, 07:30 AM

Okay, cool. Thanks for all of your help!

this8384 · Jul 27, 2009, 08:49 AM

You shouldn't need a lawyer for small claims.

Stop calling your landlord and send him/her a certified letter stating that it you do not receive your refund within the 21 days as Alabama law allows, then you will file in small claims for a refund of your deposit.

ANB428 · Jul 27, 2009, 08:56 AM

Originally Posted by this8384

You shouldn't need a lawyer for small claims.

Stop calling your landlord and send him/her a certified letter stating that it you do not receive your refund within the 21 days as Alabama law allows, then you will file in small claims for a refund of your deposit.

I thought about that, but I don't know where to send it to him at. Any suggestions? I don't have an address for him. He always came and picked up my rent from me.

N0help4u · Jul 27, 2009, 08:58 AM

You can try checking at the tax office for property assessment they should be able to give you an address for who owns where you lived (your landlord) unless they have put that under confidentiality along with everything else. Otherwise go to the court and ask what steps you can take.

this8384 · Jul 27, 2009, 09:00 AM

Originally Posted by N0help4u

You can try checking at the tax office for property assessment they should be able to give you an address for who owns where you live (your landlord) unless they have put that under confidentiality along with everything else. Otherwise go to the court and ask what steps you can take.

Have to spread the rep but good suggestion on calling the land records office!

ANB428 · Jul 27, 2009, 09:50 AM

Okay, I will do that. I am looking up the number as we speak. Thanks again for all of your help.

ScottGem · Jul 27, 2009, 12:04 PM

Originally Posted by ANB428

Okay, I never took any pictures of the house before I turned the keys in, so I don't have any of that, and I can't find my old lease from 3 years ago. Will I still be able to take him to court? Do I also have to have the documentation of my deposit that was given to him when I first moved in?

Thanks for all of your help.

I didn't review the full law, but most such laws are written so that, if the landlord fails to meet the deadline, they forfeit any right to use the deposit. So, unless he provides an itemized list of what all or part of the deposit was used for, by the deadline, the only thing you have to prove is when you turned over the keys. He will then have to prove that he sent you something on time. You can generally add the cost of filing to what you are claiming he owes you.

Also, its not your responibility to remind the landlord of his. Stop calling him, don't write him, since it may be to your advantage (double penalty) to have him miss the deadline.

Now, if he does get you that list within the deadline and withholds any part of the deposit, then you will hjave to prove the charges were unreasonable and that will be much harder.

ANB428 · Jul 27, 2009, 12:23 PM

How can I prove that I turned in the keys? I don't have them anymore. How do I prove that?

ScottGem · Jul 27, 2009, 12:32 PM

You don't have to prove you handed in the keys, you have to show WHEN you did because that's when the counter started. Do you have any documentation of your appointment to hand over the keys or when you were vacating the apartment?

N0help4u · Jul 27, 2009, 12:36 PM

Take him to court. If you can't prove you turned the keys in and he denies you didn't it will be your word against his and you have a good chance the Judge will believe you.
Explain everything as exact as you can like when and how you turned in the keys, that you made attempts to get your deposit back and cleaning you did---whatever information the Judge wants
Basically be as prepared as possible.

ANB428 · Jul 27, 2009, 12:39 PM

Originally Posted by ScottGem

You don't have to prove you handed in the keys, you have to show WHEN you did because that's when the counter started. Do you have any documentation of your appointment to hand over the keys or when you were vacating the apartment?

I never made an appointment with him and I never signed anything with him. I just gave him the keys and called him and left my address on his voicemail because I forgot to write it down. It isn't an apartment complex, it is a group of four town homes that he personally owns.

The only thing that I have is a copy of my new lease, showing what day I moved in there. Will that be adequate enough?

I do have my old neighbors who can say what day that I left.