Legal Question in Landlord & Tenant Law in Alaska

I had a rental lease with my landlord that was in effect until the end of October. I moved to California during my lease but my sister stayed at the apartment and paid the rent. The landlord SOLD the house during the lease which gave us a new landlord. I informed the landlord that if he planned on making a new lease with my sister since I was no longer living there that he needed to pay out my deposit immediately. His response was a threat saying that he'll impose the previous lease and raise rent by 150 since there was a dog( Which wasnt allowed in the original lease but there was a verbal that allowed him). I told him that I dont want to stand in the way of him signing a new lease and i backed down. Now, he has signed a new lease with my sister without any kind of signature of notice to me. A. My sister isnt technically in the lease therefore he signed a new lease ignoring mine. B.He told my sister that I broke my lease somehow with no notice and that it automatically forfeits my entire 1250 dollar deposit and that im SOL. I feel as if signing the new lease was an illegal action and that I'm entitled to my entire deposit plus possibly more for damages. What is your opinion?

Asked on 8/29/13, 11:21 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

I fail to see how you are damaged by the landlord leasing the premises to your sister before the end of your lease term. Really your only concern in this regard is that the lease payments for the duration of your lease are being paid.

You can claim that there was an oral agreement to modify the lease to allow you to keep a dog. It's your word against his; a judge would have to decide who is telling the truth. If the judge believes you, you would be able to recover the deposit, less any damages the landlord can prove.

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Answered on 8/30/13, 7:31 pm

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