Legal Question in Landlord & Tenant Law in Alaska

My landlord is attempting to keep a portion of my deposit for routine carpet cleaning, which is prohibited under the Alaska Landlord Tenant Act. The carpet is not soiled, and is in a condition that is considered "normal wear and tear." He is claiming he can do this because my lease states that a carpet cleaning fee will be withheld upon vacating the unit. I have not violated the lease term, gave sufficient notice, and am not deliquint on rent or any bills that I was responsible for. Can a lease agreement override rights outlined in the Landlord Tenant Act?

Asked on 6/18/13, 3:51 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

You appear to be correct. AS 34.03.070 requires the landlord to give you an itemized statement, indicating the AMOUNT of damages, within so many days. Has the landlord done this?

Howerver I see nothing in the Alaska Landlord and Tenant Act Title 34, Chapter 3 of the Alaska Statutes, which prohibits a lease term requiring the witholding of a carpet cleaning fee, whether or not the carpet needs cleaning. Is the amount of the carpet cleaning fee specified in the lease?

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Answered on 6/22/13, 12:26 pm

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