Security Deposits
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November 26, 2024
Client Story
When you move out of a place you rent, you’re entitled to get back the security deposit you paid when you moved in. The landlord may only keep the deposit if you caused damage to the unit. If they keep your security deposit because of damage you didn’t cause, because of damage that isn’t your fault, or for reasons they refuse to give, then you may be able to fight in court to get it back.
Context
When you as a tenant move out of a property, you must give the landlord a forwarding address you’re your mail. They have 60 days from the day you leave to contact you at your new address to either:
- Return your security deposit in full, or
- Return some or none of your deposit and provide you with an itemized description of the things for which they have withheld money.
If the landlord does not do either of these things, you as the former tenant can sue them up to two times the amount of the security deposit.
Small Claims Court is then best place to go if you don’t have a lawyer and want to recover your security deposit. The process is relatively quick and inexpensive. Small Claims judges are used to dealing with parties who do not have a lawyer, and the rules of evidence and other court rules are relaxed enough that an ordinary person can follow them.
The Alabama State Bar provides standardized forms that you can use in Small Claims Court which are linked below. With those forms and these instructions, you will be able to pursue your former landlord for your security deposit.
Requirements
You will need:
- A copy of the Small Claims Complaint form
- Filing fee which varies by county
- You can complete an Affidavit of Hardship if you cannot afford to pay the filing fee. This is a request to the court to waive the fee.
- The losing side will have to pay the fee in the end.
- Any evidence you have in support of your claim. This can include:
- A copy of the lease
- A receipt of payment for the security deposit
- Pictures of the property as it was left by the tenant (to show damages or lack of damages)
- Emails, text messages, or letters from or to the landlord
Steps
Step 1: File the Complaint
The Small Claims Complaint is a simple two-page form. You can print it at home, at a shipping and printing store like FedEx or UPS, or at a public library.
Since you are the person filing the lawsuit, you are the plaintiff. The defendant is the landlord that you are suing.
You will need to list the name and address of the landlord, which may be an individual person or a management company.
If you are suing a management company, make sure you know the correct legal entity and their address for service. You can check the Alabama Secretary of State website, or use the information listed in your lease.
You must have an address for the person or company you want to sue.
You should include an amount you are suing for, which can be up to two times the amount of the security deposit. The maximum amount you can ask for in Small Claims Court in Alabama is $6,000.
You should also list why the landlord owes you money, which in this case is that they failed to return your security deposit.
You probably do not need to fill out the lines about court costs and attorney’s fees. The court will determine court costs. If you are using this guide, you probably do not have an attorney.
You usually won’t need to fill out the information about court costs and attorneys’ fees. The court will determine the costs for small claims, and if you’re using this guide then you likely do not have an attorney.
Sign the Complaint and include your phone number. You probably do not need to include the clerk’s address.
The Court will issue a summons. This is the legal document that goes out to the Defendant, the person or company that you are suing.
File the Small Claims Complaint at the county courthouse. This is usually the county where you live, or where the lease was held.
When you come to the courthouse, ask for the Small Claims or District Civil clerk’s office.
You will have to pay a filing fee to file a lawsuit. If you cannot afford to pay, you can ask the court to waive the filing fee up front by completing an Affidavit of Hardship. On this form, list all of your income, expenses, and assets.
Whoever loses the case in the end will have to pay the filing fee.
Step 2: Have the Defendant Served
The Defendant, or the person/company that you are suing, must be legally served. This can be done by the sheriff’s department or by any person over 18 that is not related to you by blood or marriage. You can hire a process server to give them their papers, or you can have anyone else that you know do it.
If you have sued an individual, the papers must be handed to them personally or to a person of suitable age and discretion that lives with them. You can try to serve by certified mail, but the person must sign the return receipt.
If you have served a company, you must serve their registered agent for service. You can look up who this is at this URL. You can search for the company by name and city. On the company’s page, look for their Registered Agent Name, their Registered Agent’s Street Address, and their Registered Agent’s Mailing Address. This is the individual you need to serve on the company’s behalf and the street or mailbox address at which you can reach them.
Once they are legally served, the person who serves the papers must fill out a “Return of Service” and file that at the county courthouse. A copy is usually included on the back page of the Small Claims Complaint.
Step 3: Get a Default Judgment or Prepare for Court
After they’ve been served, the Defendant has 14 days to file an answer. If they don’t, you can complete an Application for Default Judgment to ask the court to rule in your favor automatically. (In this case, the court may still set a hearing for you to prove how much money is owed. You should bring any evidence you have to this hearing, just like you would the trial. You can also attach your evidence or an affidavit to your Application for Default Judgment.)
If the Defendant files an answer, you will receive a court date. You should prepare for court by gathering your evidence, witnesses, and other support for your case.
The court will send everything through the mail. Make sure you keep your address updated with the clerk’s office for as long as your case is still ongoing.
Step 4: The Court Hearing
Motion to Continue
Your court hearing is your day in court. If you can’t attend due to something urgent or serious, you can file a Motion to Continue. The court may or may not grant this motion and usually only does so for exceptional reasons. You must file the motion as a document; a phone call will not suffice.
Evidence
You should come to court prepared with any evidence that you have. Evidence can include:
- Copy of the lease
- Receipt of payment for the security deposit
- Pictures of the property as you left it (to show damages or lack there-of)
- Emails, text messages, or letters
- Witnesses
You should have your evidence printed out if possible, and bring at least 3 copies – one for yourself, one for the judge, and one for the opposing party.
If you have any witnesses, make sure you bring them with you to court and make sure you know what they will say.
The Defendant will also have the right to bring evidence, witnesses, or hire a lawyer. If the Defendant files anything in court, a copy should be mailed to you.
Settlement
At your court date, the judge may ask you to go in the hallway to try to settle your case. As a general rule, you should always go outside and talk to the other side, even if you don’t think you can settle; it shows the judge that you’ve come in good faith and want to find a solution. The court may also have mediators available in the courtroom for you to use. It’s up to you if you use them or not.
Typically, courts do expect parties to try to resolve their matters between themselves before going to trial.
Trial
The court will hear evidence and testimony from both sides. Be prepared to tell the court in a calm, rational manner what happened. The judge will probably ask you questions. The Defendant or their lawyer will have a chance to ask you questions as well. You will also have a chance to ask the Defendant or any of their witnesses questions in front of the court.
When the Defendant is speaking, do not interrupt. Never interrupt or speak over the judge; always remain calm and respectful, even if you become angry. Remember that afternoon television’s depiction of small claims court is simply untrue: all parties are expected to be respectful to the judge and one another, and their honor will ensure that both you and the opposing party are given a chance to speak and be heard.
Openly losing your temper, interrupting someone else, or otherwise being disruptive will badly hurt your chances in court.
The Decision
The court will make a decision on your case. Some judges will tell you their decision that day, while others will put their decision in a court order that is then mailed to you. Make sure the clerk’s office has your updated address.
Step 5: Collect Your Judgment or Appeal
If you win, you will be given a judgment. A judgment is a court order that says the Defendant legally owes you money. It’s your responsibility to then collect the money; the court itself will not force the defendant to pay you, although the judgment gives you power and right to take certain actions against them.
Some ways you can collect money include:
- Garnishing wages
- Seizing assets, such as a bank account, car, or a home
- Send a demand letter for payment
- Issue discovery
- This involves sending a formal written request to determine what assets a person has, where their bank account is, and other information you may need to know to fairly collect your awarded money from them.
Both sides do have the right to appeal if they wish. You have 14 days to file an appeal. You can do so at the county courthouse by filing a Notice of Appeal. There is another filing fee to file an appeal; like when you first began your case, you can complete an Affidavit of Hardship to ask the court to waive your fee. Your appeal will be to the Circuit Court of your county. You will get a chance for a brand new trial, as if the previous trial never took place.
If you win, the other side might appeal as well. Be prepared to represent your case again if they do so.
** If any of the above links do not work, visit https://eforms.alacourt.gov/ and search the name of the form, or search “Alabama State Bar forms.”
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