Alabama Pet Deposits and Fees: What Is Allowed

By the FigureMyTax Editorial Team · How we calculate

Alabama’s one-month deposit limit has an exception for pets, changes to the premises and increased liability risks. Here is what the statute says about pet deposits, what it does not say and how the refund rules apply.

Can an Alabama landlord charge a pet deposit?

Yes. The one-month limit in Ala. Code 35-9A-201(a) has an exception for “pets, changes to the premises, or increased liability risks to the landlord or premises,” which lets a landlord ask for money as security for those items beyond one month’s rent. The Alabama security deposit limit calculator has a separate box for that extra amount.

Is there a cap on the Alabama pet deposit?

The subsection states none. It does not say “one additional month” or any dollar figure for pets, so the amount is whatever the lease sets, subject to the act’s obligation of good faith and a court’s power to refuse to enforce an unconscionable provision (sections 35-9A-142 and 35-9A-143). Do not rely on a flat pet-deposit figure quoted on a website: look for it in the statute, and you will not find it in 201(a).

Is a pet deposit refundable?

A pet deposit held as security is money held under the same section, so it is subject to the same return rule: refund, or an itemized list of what is withheld, within 60 days after the tenancy ends and possession is delivered, with double the original deposit owed if the landlord fails to mail a timely refund or accounting (201(b), (c), (f)). See the return deadline calculator.

What about pet fees and monthly pet rent?

Section 201 speaks only of money held as security. We did not find in the sections we read any rule on a nonrefundable pet fee or monthly pet rent, so those are matters for the lease. Ask the landlord to state in writing whether an amount is a refundable deposit or a fee, and keep a copy.

What are changes to the premises and increased liability risks?

The statute names them as grounds for extra security without defining them. A change to the premises could be an alteration the tenant asks to make, and an increased liability risk is a risk of loss or injury beyond the ordinary. Because the text does not define either, what counts is decided by the lease and, in a dispute, a court.

Do assistance animals follow these rules?

Assistance animals raise federal fair housing questions that this page does not analyze. If you rely on an assistance animal, talk to a licensed Alabama attorney or a fair housing organization before you sign or pay.

What should a pet agreement say?

Because the statute sets no cap, the lease is the control. A written pet addendum should say the amount, whether it is a refundable deposit held as security or a nonrefundable fee, what damage it may be applied to, and how it is returned. A refundable amount is money held as security, so the landlord applies it and returns the rest under the 60-day rule with an itemized list of anything kept (201(b), (c)).

How are pet damages deducted?

A landlord that claims pet damage from the deposit must itemize it like any other deduction: the statute allows damages the landlord suffered by reason of the tenant’s noncompliance with the tenant duties, which include not deliberately or negligently damaging the premises (35-9A-301(6)). Photographs from move-in and move-out, receipts and invoices are what make an itemized list credible. See Alabama security deposit deductions.

Frequently asked questions

Official sources

• Ala. Code 35-9A-201: security deposits; prepaid rent
• Ala. Code 35-9A-142: obligation of good faith
• Ala. Code 35-9A-143: unconscionability
• Ala. Code 35-9A-121: the act is exclusive and supersedes local ordinances

This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.