ALASKA SECURITY DEPOSIT
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AS
34.03.070. Security Deposits and Prepaid Rent.
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The Alaska landlord may not demand or receive prepaid rent or a
security deposit in an amount or
value in excess of two months' periodic rent. This
section does not apply to rental units where the rent
exceeds $2,000 a month.
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Upon termination of
the tenancy, property or money held by the landlord as
prepaid rent or as a security deposit 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 AS 34.03.120
. The accrued rent and damages must be itemized by the
landlord in a written notice mailed to the tenant's
last known address within the time limit prescribed by
(g) of this section, together with the amount due the
tenant. In this subsection, "damages" (normal
wear and tear) means deterioration of the premises and, if
applicable, of the contents of the premises;
does not include deterioration; that is the result of the tenant's use of the
premises by normal, non-abusive living;
caused by the landlord's failure to prepare for
expected conditions or by the landlord's failure
to comply with an obligation of the landlord
imposed by this chapter.
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All money paid to the landlord by the tenant as
prepaid rent or as a security deposit in a lease or
rental agreement shall be promptly deposited by the
landlord, wherever practicable, in a trust account in
a bank, savings and loan association, or licensed
escrow agent, and the landlord shall provide to the
tenant the terms and conditions under which the
prepaid rent or security deposit or portions of them
may be withheld by the landlord; nothing in this
chapter prohibits the landlord from commingling
prepaid rents and security deposits in a single
financial account.
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If
the landlord willfully fails to comply with (b) of
this section, the tenant may recover an amount not to
exceed twice the actual amount withheld.
This section does not preclude a landlord or tenant
from recovering other damages to which either may be
entitled under this chapter.
The holder of the landlord's interest in the premises
at the time of the termination of the tenancy is bound
by this section.
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If
the landlord or tenant gives notice that complies with
AS 34.03.290,
the landlord shall mail the written notice and refund
required by (b) of this section within 14 days after
the tenancy is terminated and possession is delivered
by the tenant. If the tenant does not give notice that
complies with AS 34.03.290
, the landlord shall mail the written notice and
refund required by (b) of this section within 30 days
after the tenancy is terminated, possession is
delivered by the tenant, or the landlord becomes aware
that the dwelling unit is abandoned. If the landlord
does not know the mailing address of the tenant, but
knows or has reason to know how to contact the tenant
to give the notice required by (b) of this section,
the landlord shall make a reasonable effort to deliver
the notice and refund to the tenant.
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