| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Cleaning costs |
| Return Deadline | 14 or 30 Days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Amount Due + Court Costs + Attorneys’ Fees |
For laws on security deposit collections and holdings in Alaska, click here.
Some cities and counties may have regulations which are different than those presented here. Always check local laws.
Security Deposit Deductions in Alaska
In Alaska, the following things can be deducted from security deposits:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Cleaning costs
Most states, such as Alaska, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Alaska?
Alaska, unlike most states, has a formal legal definition for what counts as “normal wear and tear:”
“Normal wear and tear” means deterioration that occurs from the intended use of the rental unit and without negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenant, members of the household of the tenant, or the invitees or guests of the tenant.
Examples of normal wear and tear might include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
Alaska law defines “damage” to a rental property as any deterioration that is neither normal wear and tear, nor caused by the landlord’s failure to comply with the law or standards of reasonable care. In most cases, damage deducted from a security deposit is damage due to the reckless, or careless, or intentional conduct of tenants or their guests.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Alaska?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Alaska?
Landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Alaska?
Alaska law allows landlords to charge for cleaning costs limited to bringing the unit back to its original condition at the start of the lease. Landlords may require tenants to complete cleaning tasks by listing them in the lease agreement. If tenants fail to complete those tasks, landlords can charge for professional cleaning.
Landlords may require that tenants professionally clean the carpets if they were professionally cleaned at the start of their lease term.
However, no part of the security deposit can be considered non-refundable. Landlords cannot charge a non-refundable cleaning fee regardless of the condition of the rental unit.
Can the Landlord Charge for Painting in Alaska?
In Alaska, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:
- Causes damage beyond normal wear and tear
- Repaints the wall but is not permitted to do so under the lease agreement
- Repaints the wall in an unprofessional way
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Alaska
Landlords must return a security deposit by mail with an itemized statement of deductions within 30 days from the date the lease term ends and the tenant vacates the rental unit. If the landlord does not intent to make deductions for damages, they must return the security deposit within 14 days.
How Long Do Landlords Have to Return Security Deposits in Alaska?
Alaska landlords have 14 days to return a security deposit if there are no damages to the rental unit, or 30 days when they intend to withhold a portion of the security deposit for damages.
The time period to return the security deposit begins once the lease has terminated and the tenant delivers possession of the property to the landlord.
If a landlord intends to make deductions from the security deposit for overdue rent, but there are no physical damages to the rental unit, the deadline is 14 days.
If the tenant vacates the rental unit without giving proper notice, the landlord has 30 days to return the security deposit regardless of the type of deductions (if any).
If the landlord does not know the tenant’s forwarding address, they must make a reasonable attempt to return the remaining portion of the deposit (if any) with a written notice.
Do Landlords Owe Interest on Security Deposits in Alaska?
Unlike in some states, such as New Jersey, landlords in Alaska do not owe interest on security deposits.
How Do Landlords Give Notice?
Written notice must be mailed to the tenant’s last-known address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Alaska?
Alaska law does not forbid the security deposit from being used for any outstanding rent.
The lease agreement can include a provision prohibiting use of the security deposit for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Alaska
If landlords do not return the security deposit within the 30-day period, tenants can file for damages in court up to twice the amount wrongfully withheld plus court costs and attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Failure to hold the security deposit in a financial account
- Failure to provide an itemized statement when deductions are made
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Alaska?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a regular civil case in the local District Court.
A small claims case for a security deposit must be filed within 3 years. An attorney is not required but permitted. Cases are filed in the Small Claims Court closest to where the rental property is located or where the defendant lives or works. The filing fee is $50 or $100 depending on the amount claimed.
Sources
- 1 Alaska Stat. § 34.03.070(b)
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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”
(1) means deterioration of the premises and, if applicable, of the contents of the premises;
(2) does not include deterioration
(A) that is the result of normal wear and tear;
(B) 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.
Source Link - 2 Alaska Stat. § 34.03.070(e)
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This section does not preclude a landlord or tenant from recovering other damages to which either may be entitled under this chapter.
Source Link
- 3 Alaska Stat. § 34.03.070(i)
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In this section,
(1) “normal wear and tear” means deterioration that occurs from the intended use of the rental unit and without negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenant, members of the household of the tenant, or the invitees or guests of the tenant;
(2) “service animal” means an animal that is individually trained to do work or perform tasks that are directly related to and for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Source Link - 4 Alaska Stat. § 34.03.120(c)
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When terminating the tenancy, the tenant shall leave the premises in substantially the same condition, except for normal wear and tear, as the condition of the premises at the beginning of the tenancy, including, in the landlord’s discretion, professionally cleaning the carpets if the carpets were professionally cleaned immediately before the tenancy began. In this subsection, “normal wear and tear” has the meaning given in AS 34.03.070.
Source Link
- 5 Alaska Stat. § 34.03.070(g)
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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, except the landlord shall have 30 days after the tenancy is terminated to mail the refund if costs are deducted for damages that the landlord has suffered because of the tenant’s noncompliance with AS 34.03.120. 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.
Source Link - 6 Alaska Stat. § 34.03.070(d)
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If the landlord wilfully fails to comply with (b) of this section, the tenant may recover an amount not to exceed twice the actual amount withheld.
Source Link
- 7 Alaska Stat. § 34.03.350
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Attorney fees shall be allowed to the prevailing party in any proceeding arising out of this chapter, or a rental agreement.
Source Link
- 8 Alaska Stat. § 22.15.040
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(a) Except as otherwise provided in this subsection, when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual points of law are involved or the state is a defendant. The Department of Labor and Workforce Development may bring an action as a small claim under this subsection for the payment of wages under AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and attorney fees. The supreme court shall prescribe the procedural rules and standard forms to assure simplicity and the expeditious handling of small claims.
(b) All potential small claim litigants shall be informed if mediation, conciliation, and arbitration services are available as an alternative to litigation.
Source Link
