Security Deposit Laws
Maximum Amount: 2 months’ rent, unless the monthly rent is more than $2,000/month, in such case, there is no limit. (AS § 34.03.070(a))
- Receipt Required? No receipt required, but the landlord must deposit the funds into a trust account. (AS § 34.03.070(c))
Pet Deposit Amount: Cannot exceed 1 month’s rent. (AS § 34.03.070(h))
Return Period: 14 days if the lease ended with the tenant giving proper notice and 30 days if the tenant didn’t give proper notice. (AS § 34.03.070(g))
- Itemized List Required? Yes, damages must be itemized and sent to the tenant as written notice to the last known address. (AS § 34.03.070(b))
Landlord Disclosures
Landlord’s Name and Address: A landlord must inform the tenant at the time of tenancy of the property manager’s name and address. In addition, the owner or the person(s) authorized to act on their behalf must be mentioned (AS 34.03.080(a)).
Lead-Based Paint Disclosure: At any time prior to tenancy, the tenant must be informed of the presence of lead-based paint on the property if the residence was constructed before January 1, 1978 (40 CFR § 745.113).
Move-In Condition Statement (optional): At the landlord’s option, a separate attachment listing the property’s condition. It should include an inventory of the fixtures and furnishings (AS § 34.03.020(e)).
- Tenant’s Signature: After issuing the move-in condition statement, the landlord can request the tenant’s signature and acknowledgment (AS § 34.03.090(b)). This helps to establish “presumptive evidence” if damage is found at the end of the lease period (AS § 34.03.335).
Security Deposit Withholding Terms: Clear terms specifying how a deposit may be withheld must be provided to the tenant or included in the lease (AS 34.03.070(c)).
Sample
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