Legal Question in Landlord & Tenant Law in Alaska

If proper notice has been given, will damages of any kind extend the 14 days to "reasonable time" in returning the security deposit? Upon moving out, my landlord decided carpet in a closet will need to be replaced . They are holding my deposit, claiming because of the damages they have "reasonable time" to assess and repair the damage and will supply me with receipts and what ever is remaining of my refund. I have quoted to them the Alaska Landlord & Tenant Act, which clearly states the landlord must provide me with a written list of itemized deductions (for damages) and my refund within 14 days if proper notice was given. But they are still claiming the 14 days does not apply because there are damages. Also, IF there is still life expectancy left in the carpet, what all (other than the remaining expectancy) can they charge me for? Can they charge me for the removal of the carpet? Can they charge me for the new carpet getting installed? And if I am to be charged, how long do they have to provide me with the itemized list of deductions/charges? What is the proper paper work they will need to supply with (receipts or quotes)? Any advice is very much appreciated. Thank you (Note: although I had requested several times, they failed to do a walk through with me)

Asked on 6/19/13, 9:51 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

You are correct. AS 34.03.070 requires them to give you an itemized statement of the amount to be witheld, not simply that SOME amount will be witheld.

I don't believe the statute requires them to give you RECEIPTS OR QUOTES within the 14 days, but they must give you the amount. Since they have not done so, they are not entitled to keep the deposit.

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Answered on 6/22/13, 12:31 pm

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