Alaska Security Deposit Demand Letter
In Alaska a landlord must mail your deposit and an itemized notice within 14 days if you gave proper termination notice, or within 30 days otherwise. A wilful failure can cost up to twice the amount withheld. Attorney review available.
Introduction
A security deposit demand letter is a written demand an Alaska tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Alaska sets two deadlines under the Uniform Residential Landlord and Tenant Act. If the tenant gave a termination notice that complies with AS 34.03.290, the landlord must mail the written notice and any refund within 14 days after the tenancy ends and possession is delivered, extended to 30 days if the landlord deducts costs for damages; if the tenant did not give notice that complies with AS 34.03.290, the landlord has 30 days (Alaska Stat. 34.03.070(g)). The landlord must itemize accrued rent and damages in a written notice mailed to the tenant's last known address, together with the amount due the tenant (34.03.070(b)). A deposit may be applied only to accrued rent and to damages the landlord suffered from the tenant's noncompliance, and not to deterioration that is normal wear and tear (34.03.070(b)). If the landlord wilfully fails to comply, the tenant may recover an amount not to exceed twice the actual amount withheld (34.03.070(d)). If the demand is ignored, an Alaska tenant can sue in small claims court for up to $10,000, exclusive of costs, interest, and attorney fees (Alaska Stat. 22.15.040), and the deadline to sue on a contract is three years (Alaska Stat. 09.10.053). DocDraft builds your Alaska security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand an Alaska tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
Alaska sets two deadlines: 14 days after the tenancy ends and possession is delivered if the tenant gave notice complying with AS 34.03.290 (30 days if the landlord deducts costs for damages), or 30 days if the tenant did not give such notice (Alaska Stat. 34.03.070(g)).
- 3
The landlord must itemize accrued rent and damages in a written notice mailed to the tenant's last known address, together with the amount due the tenant (Alaska Stat. 34.03.070(b)).
- 4
A deposit may be applied only to accrued rent and to the amount of damages the landlord suffered by reason of the tenant's noncompliance with the rental agreement or AS 34.03.120 (Alaska Stat. 34.03.070(b)).
- 5
A landlord may not deduct for deterioration that is the result of normal wear and tear or that was caused by the landlord's own failure to prepare for expected conditions or to meet the landlord's obligations, and prepaid rent plus a deposit may not exceed two months' rent for units renting under $2,000 a month (Alaska Stat. 34.03.070(b), (a)).
- 6
If the landlord wilfully fails to comply with the itemized-notice and refund requirement, the tenant may recover an amount not to exceed twice the actual amount withheld (Alaska Stat. 34.03.070(d)); the 2x remedy requires a wilful, not accidental, failure.
- 7
If the demand is ignored, an Alaska tenant can sue in small claims court for up to $10,000, exclusive of costs, interest, and attorney fees (Alaska Stat. 22.15.040); the deadline to sue on a contract is three years (Alaska Stat. 09.10.053).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Alaska, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Alaska Requirements for Security Deposit Demand Letter
14-Day or 30-Day Return Deadline
An Alaska landlord must mail the written notice and any refund within 14 days after the tenancy ends and possession is delivered if the tenant gave notice complying with AS 34.03.290 (30 days if the landlord deducts costs for damages), or within 30 days if the tenant did not give such notice (Alaska Stat. 34.03.070(g)). Your demand letter should state that this deadline has passed.
Itemized Written Notice to Last Known Address
An Alaska landlord who keeps any part of the deposit must itemize the accrued rent and damages in a written notice mailed to the tenant's last known address, together with the amount due the tenant, within the 14-day or 30-day period (Alaska Stat. 34.03.070(b)). A missing or unitemized notice can make the deductions improper.
Permitted Deductions
An Alaska deposit may be applied only to accrued rent and to the amount of damages the landlord suffered by reason of the tenant's noncompliance with the rental agreement or AS 34.03.120 (Alaska Stat. 34.03.070(b)). Deductions outside these categories can be disputed.
No Deduction for Normal Wear and Tear
An Alaska landlord may not deduct for deterioration that is the result of normal wear and tear, or that was caused by the landlord's failure to prepare for expected conditions or to comply with the landlord's obligations under the chapter (Alaska Stat. 34.03.070(b)). Charges for normal use are improper.
Deposit Capped at Two Months' Rent
An Alaska landlord may not demand or receive prepaid rent plus a security deposit in an amount exceeding two months' periodic rent; this cap does not apply to units where the rent exceeds $2,000 a month (Alaska Stat. 34.03.070(a)). A deposit above the cap can be challenged.
Up to Twice the Amount Withheld for Wilful Noncompliance
If an Alaska landlord wilfully fails to comply with the itemized-notice and refund requirement, the tenant may recover an amount not to exceed twice the actual amount withheld (Alaska Stat. 34.03.070(d)). The 2x remedy requires a wilful, not accidental, failure, so it is not automatic.
Send With Proof of Delivery and a Forwarding Address
Give the landlord your last known and forwarding address and send the demand using a trackable method such as certified mail with return receipt. Keep a copy of the letter and the delivery record for a later Alaska small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, an Alaska tenant may sue in small claims court for up to $10,000, exclusive of costs, interest, and attorney fees (Alaska Stat. 22.15.040). The deadline to sue on a contract is three years (Alaska Stat. 09.10.053), though filing promptly after the demand is the practical course.