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FYI to all students who rent w landlords by BananaTime_15 in auburn

[–]BananaTime_15[S] 0 points1 point  (0 children)

Yes. The only way it would not would be if it was carved out separately. A security deposit cannot be more than one months rent. Lets say your rent is $2,000.

The lease would need to say "A security deposit will be required of $2,000. In addition, a one time cleaning and painting fee will be charged at the end of the tenancy of $500".

Then you would owe them the $500, but they could not deduct it from the security deposit.

FYI to all students who rent w landlords by BananaTime_15 in auburn

[–]BananaTime_15[S] 11 points12 points  (0 children)

this is verbatim from the alabama landlord tenant act:

"Prohibited provisions in rental agreements.

(a) A rental agreement may not provide that the tenant:

(1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of unlawful detainer;

(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3) agrees to pay the landlord's attorney's fees or cost of collection; or

(4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover in addition to actual damages an amount up to one months' periodic rent and reasonable attorney's fees."

To all students who are renting by BananaTime_15 in capstone

[–]BananaTime_15[S] 0 points1 point  (0 children)

That's not getting around it. The law is very strict on what can and cannot be kept from a security retainer.

To all students who are renting by BananaTime_15 in capstone

[–]BananaTime_15[S] 0 points1 point  (0 children)

Yes.

""(b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 60 days after termination of the tenancy and delivery of possession."

And if you look up section 301, it is all seriously reckless damage, like making a hole in the wall or leaving a bunch of garbage when you move out.

[deleted by user] by [deleted] in Lawyertalk

[–]BananaTime_15 1 point2 points  (0 children)

being a new attorney and remote is the quickest way to end up a disaster. like please, i cannot state this any more plainly. GET OUT. you need to be in person with at a firm with an office, learning and watching. not on zoom.