Holding Alabama Landlords Accountable: Apex Law Secures $21,250 Plus Costs for a Tenant Facing Eviction
An eviction lawsuit can put a tenant’s housing and finances under immediate pressure. A careful review of the lease, payment history, and money held by the landlord can also reveal claims the tenant has a right to pursue.
Apex Law recently secured a default judgment of $16,250, plus $5,000 in attorney fees and court costs, for an Alabama tenant on a counterclaim brought in an eviction case. The combined monetary award is $21,250 before court costs. The plaintiffs’ case was dismissed without prejudice after they failed to appear for trial.
We are sharing the circumstances in general terms to protect the parties’ privacy. The judgment remains subject to applicable post-judgment proceedings and appeal.
When an Eviction Dispute Reveals a Deposit Problem
Our client sought help with a residential rental dispute that involved more than a demand for possession. The filed answer and counterclaim challenged the rental accounting, the notice, and the landlord’s retention of substantial funds. The pleadings raised concerns including:
Money collected in connection with a proposed home purchase and recorded in the landlord’s ledger as security deposits.
Lease provisions describing substantial deposits as nonrefundable.
A proposed purchase that did not occur, with no executed sale or option agreement alleged in the counterclaim.
Rent demands that allegedly failed to credit a payment already received, along with disputed late charges.
The counterclaim alleged that the landlord retained security exceeding the statutory limit and used prohibited lease provisions. These were the tenant’s allegations and legal claims; the order does not separately explain every component of the damages award.
How Apex Law Pursued Accountability
Apex Law filed an answer, affirmative defenses, a motion to dismiss, and a counterclaim on the tenant’s behalf. The counterclaim sought relief for prohibited rental agreement provisions and money retained that the tenant alleged should be returned.
When the case was called for trial, the plaintiffs failed to appear. The court dismissed their case without prejudice for lack of prosecution and granted default judgment in favor of the tenant on the counterclaim.
$16,250 awarded on the tenant’s counterclaim.
$5,000 awarded in attorney fees.
Court costs awarded in addition to those amounts.
The $21,250 award before costs is a meaningful result for a tenant who began the case as the defendant in an eviction action. It is a default judgment, rather than a verdict after a contested trial. A judgment is also distinct from collection of the money awarded.
The dismissal was without prejudice. The order therefore should not be described as a permanent merits ruling barring every future claim by the plaintiffs.
Alabama Security Deposit Rules and Tenant Rights
For residential tenancies covered by the Alabama Uniform Residential Landlord and Tenant Act, Alabama Code § 35-9A-201 generally limits security to one month’s periodic rent, with exceptions for pets, changes to the premises, or increased liability risks.
Alabama Code § 35-9A-163 prohibits lease terms waiving the Act’s security deposit protections. Prohibited terms are unenforceable. When a landlord seeks to enforce provisions known to be prohibited, the statute permits actual damages, an additional amount up to one month’s periodic rent, and reasonable attorney fees.
A payment’s label alone does not settle how the law applies. A purported purchase deposit, a separate purchase agreement, the ledger, and the parties’ communications require careful review. This case should not be read to mean that every rent-to-own arrangement or purchase deposit is unlawful.
What to Keep When Facing an Eviction or Deposit Dispute
A clear record can help an attorney evaluate both the landlord’s demand and any claims available to the tenant.
Keep every agreement. Save the signed lease, extensions, proposed purchase documents, and any unsigned versions.
Preserve payment records. Retain receipts, bank records, electronic payment confirmations, and landlord ledgers.
Save notices and court papers. Keep the papers and a record of when and how they were received.
Retain communications. Preserve original messages about deposits, payment credits, refunds, and changes to the tenancy.
Build a short timeline. Explain what was paid, what was promised, what was disputed, and what happened afterward.
Questions About Alabama Eviction Counterclaims
Can a tenant seek money from a landlord while defending an eviction?
Depending on the facts and applicable procedure, a tenant may have a counterclaim as well as defenses. Counsel should review the lease, payments, notices, and supporting records to determine what relief is available.
Does this award mean the money has already been collected?
No. The order establishes the award. Collection, further court proceedings, and an appeal are separate matters that may affect the ultimate outcome.
What should I bring to an Alabama tenant rights lawyer?
Bring the lease, deposit and rent records, notices, court papers, relevant communications, and a short timeline. Include proposed purchase documents if the rental arrangement involved a possible home purchase.
Talk With Apex Law About Eviction Defense and Landlord Accountability
Apex Law helps Alabama tenants evaluate eviction claims, disputed deposits, and other landlord-tenant issues. A review of the full record can identify both the immediate defense and potential claims for monetary relief.
Contact Apex Law at (256) 203-4290 or email neil@apexlawal.com. Tell our team about the court papers you received and the payments or deposits in dispute.
This article provides general information, not legal advice. Past results do not guarantee future outcomes. The case discussed here resulted in a default judgment and a dismissal without prejudice and remains subject to applicable further proceedings and appeal. Party names, property addresses, case numbers, county names, and other identifying details have been omitted.
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