Legal Question in Landlord & Tenant Law in Alabama

I lived in an apartment that had a lot of maintenance issues (water leaks, etc...) so the apartment complex allowed me out of my lease and to move.

I moved out and 47 days later no security deposit back.

I contacted the apartment and they e-mailed me back stating that the deposit went to the painters to repaint my apartment. I disagreed in an e-mail back to corporate and said I had proof of receipt that I had repainted it myself. I also stated that I had not received a letter of why the deposit was withheld and according to HB287 Article II - 25-9A-201 (f) I was entitled to double my deposit back since no notification or deposit returned within 35 days. They claim they sent a letter - I have received all other mail forwarded and all but nothing from them to date.

The apartment refused double the deposit amount and has had an attorney contact me regarding the deposit. I have not called the attorney back. Any advice, I feel fine speaking with the apartment and arguing, but not an attorney. I do not want to spend money on my own attorney since the deposit I want back is only $127. I feel if I go to small claims court now, they will have an attorney and I am unexperienced in legal battles and will loose and possibly have to pay their attorney and court costs after it all.


Asked on 3/31/10, 7:19 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

I think you have lined out your options well; go to small claims court or forget about it. They will have to prove that they sent a letter to you, and unless they can provide a signature on a registered letter, the judge may decide they never sent a letter to you. If you go to court by yourself and loose, you are no worse off.

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Answered on 4/05/10, 8:02 am


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