Answers provided on the Legal Line do not constitute legal advice. If you have a question that requires legal advice, AAR recommends speaking with retained counsel.

AAR's Legal Line is here to help all AAR members with questions they may have about the AAR Statewide Legal Forms, Alabama license law, property law, and more. Below are some recent questions and answers that you may find helpful.

Q1: How long does a landlord have to return a tenant’s security deposit?

A1: In Alabama, a landlord generally has 60 days after the tenancy ends and the tenant returns possession of the property to mail the security deposit owed to the tenant. If the landlord keeps any portion of the deposit, they must also provide an itemized list of the deductions within that 60-day period. Tenants should provide a forwarding address in writing. If they don’t, the landlord must mail the refund or itemized list to the tenant’s last known address, or if none is available, to the rental property.

Q2: Can a qualifying broker direct a closing attorney or title company to pay a licensee’s commission directly at closing?

A2: No. Alabama license law requires salespersons and associate brokers to receive compensation for licensed activities from their qualifying broker. Ala Code § 34-27-36(b)(14). A closing attorney or title company cannot pay a licensee directly, even at the qualifying broker’s direction.

Q3: If a property is co-listed with an agent from another brokerage, do both agents need to prepare a separate seller net sheet?

A3: No. One seller net sheet is sufficient. We recommend including both agents’ names on the net sheet and indicating that it is being provided on behalf of both agents. Both agents should review the estimated closing costs together before providing the net sheet to the seller and retain a copy in their respective brokerage files.

Q4: Speaking of co-listings, does AAR offer a listing agreement that includes information about two separate companies listing a property?

A4: Yes! AAR offers agency and transaction facilitator versions of an in-state co-brokerage listing agreement (RF 1.5(A) and RF 1.5(B), respectively), and agency and transaction facilitator versions of an interstate co-brokerage listing agreement (RF 1.6(A) and RF 1.6(B), respectively).