The Forwarding Address That Can Decide an Alabama Deposit Dispute

A former tenant waits for a deposit check. The landlord says it was mailed to the old apartment. Months later, the argument is about an address neither side can document.

Ala. Code § 35-9A-201(d) directs a tenant to provide a valid forwarding address in writing when vacating. Give the complete mailing address, including the apartment number, and keep a copy. An oral mention during a hurried walkthrough leaves an avoidable proof problem. Ala. Code § 35-9A-201.

No address does not mean no mailing duty

If the tenant fails to provide a valid forwarding address, the statute directs the landlord to mail the deposit, itemized accounting, or both by first-class mail to the tenant's last known address, or, if none, to the rental property. A landlord should not assume that a missing forwarding address eliminates the accounting obligation. Ala. Code § 35-9A-201.

The statutory 60-day period is tied to termination of the tenancy and delivery of possession. Establish those dates before announcing that an accounting is late. The date the tenant moved a couch may not establish both events.

Save the envelope

For tenants, the envelope can show a postmark or the address actually used. For landlords, retain the itemization, check information, address supplied by the tenant, and evidence of first-class mailing. A copy of an undated letter in a file may leave the mailing date disputed.

Section 35-9A-201(f) provides for double the original deposit when the landlord fails to mail a timely refund or accounting within the statutory period. A disagreement over one deduction is a different question from a failure to mail on time; the facts should be evaluated separately. The statute also addresses deposits left unclaimed and checks outstanding for 90 days. Do not put an unexplained deposit check in a drawer and forget it. Ala. Code § 35-9A-201.

A useful forwarding-address message is short: identify the rental, state the move-out information accurately, provide the mailing address, and request the refund and accounting there. Keep proof that the landlord received the message.

Contact Apex Law LLC about an Alabama landlord–tenant matter. Include your lease, notices, and any court papers so the relevant dates can be reviewed.

General information for Alabama residential rentals covered by the Uniform Residential Landlord and Tenant Act. Other housing arrangements may have different rules. Reading this article does not create an attorney-client relationship.