SECURITY DEPOSIT DEMAND LETTER
STATE OF ALASKA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Alaska law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable statutory penalties, damages, and attorney's fees.
I. ALASKA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Alaska are governed by the Alaska Uniform Residential Landlord and Tenant Act, Alaska Stat. Section 34.03.010 et seq., specifically Section 34.03.070.
B. Security Deposit Limits
Under Alaska Stat. Section 34.03.070(a), a landlord may not demand or receive a security deposit in excess of two months' periodic rent. However, if the monthly rent exceeds $2,000, there is no limit on the security deposit amount.
C. Return Deadline
Pursuant to Alaska Stat. Section 34.03.070(g), a landlord must return the security deposit:
- Within 14 days if the tenant provides a proper prior notice of termination AND a forwarding address
- Within 30 days if the tenant does not provide a forwarding address or proper notice
The deadline runs from the date the tenant vacates the premises.
D. Required Itemization
Under Alaska Stat. Section 34.03.070(g), the landlord must provide a written itemized statement accounting for any amounts retained, including:
- Specific items of damage
- Cost of repair for each item
- Statement of unpaid rent, if any
E. Separate Account Requirement
Alaska law does not require that security deposits be held in a separate, interest-bearing account. No interest is due to tenants on their deposits.
F. Permissible Deductions
Under Alaska Stat. Section 34.03.070(a), a landlord may retain from the security deposit only amounts for:
- Accrued rent
- Damages to the premises beyond ordinary wear and tear
- Costs incurred to remedy tenant's noncompliance with the rental agreement
G. Walk-Through Inspection
Under Alaska Stat. Section 34.03.070(h), the tenant may request a walk-through inspection when giving notice of intent to vacate. The landlord must provide a written statement of deficiencies within 14 days after receiving the request.
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Walk-Through Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Alaska law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory period required under Alaska Stat. Section 34.03.070(g).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding two months' rent in violation of Alaska Stat. Section 34.03.070(a).
[ ] Failure to Conduct Walk-Through: You failed or refused to conduct a walk-through inspection after our Client's request, in violation of Alaska Stat. Section 34.03.070(h).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Alaska law distinguishes between "damage" for which a tenant may be charged and "ordinary wear and tear" for which a tenant may not be charged. Ordinary wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND PENALTIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Penalties - Bad Faith
Under Alaska Stat. Section 34.03.070(g), if a landlord fails to comply with the security deposit requirements or acts in bad faith, the tenant may recover:
- The amount of the deposit wrongfully withheld; AND
- Twice the amount wrongfully withheld as a penalty
Penalty Calculation (if bad faith):
- Amount Wrongfully Withheld: $[AMOUNT]
- Double Damages (2x): $[AMOUNT]
- Total Penalty: $[AMOUNT]
C. Forfeiture for Failure to Itemize
Under Alaska Stat. Section 34.03.070(g), if a landlord fails to provide the required itemized statement within the statutory period, the landlord forfeits the right to withhold any portion of the deposit.
D. Attorney's Fees and Costs
Under Alaska Stat. Section 34.03.290, the prevailing party in any legal action arising under the landlord-tenant act is entitled to reasonable attorney's fees.
E. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Statutory Penalty (2x) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Request for walk-through inspection
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Statutory Penalties: Pay to our Client the statutory penalty for wrongful withholding: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Alaska Small Claims Court (for claims up to $10,000) or District Court for return of the deposit, statutory penalties, attorney's fees, and costs.
-
Seek Maximum Penalties: Request the court impose double damages for bad faith withholding pursuant to Alaska Stat. Section 34.03.070(g).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Alaska Stat. Section 34.03.290.
-
Report Violations: Report your conduct to:
- Alaska Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[ALASKA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
ALASKA SECURITY DEPOSIT QUICK REFERENCE
| Element | Alaska Requirement |
|---|---|
| Governing Statute | Alaska Stat. Section 34.03.070 |
| Deposit Limit | 2 months' rent (no limit if rent > $2,000/month) |
| Return Deadline | 14 days (with forwarding address); 30 days (without) |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Walk-Through Right | Yes, upon tenant request |
| Penalty for Violation | 2x wrongfully withheld amount (bad faith) |
| Attorney's Fees | Yes - Alaska Stat. Section 34.03.290 |
| Small Claims Limit | $10,000 |
ALASKA-SPECIFIC PRACTICE NOTES
[ ] Forwarding Address Importance: The return deadline is only 14 days if the tenant provides a forwarding address AND proper notice of termination. Otherwise, the landlord has 30 days.
[ ] Walk-Through Inspection Right: Alaska law specifically allows tenants to request a pre-move-out inspection. Use this to dispute any claimed damages.
[ ] Bad Faith Standard: To recover double damages, the tenant must prove the landlord acted in "bad faith." Document all evidence of unreasonable or dishonest conduct.
[ ] Forfeiture Provision: If the landlord fails to provide the itemized statement on time, they forfeit the right to claim any deductions - this is a powerful argument.
[ ] Small Claims Court: For claims up to $10,000, file in Alaska Small Claims Court. For larger amounts, file in District Court.
[ ] High Rent Exception: If monthly rent exceeds $2,000, there is no statutory limit on the security deposit amount.
[ ] Cold Climate Considerations: Some items that might be normal wear in other states (e.g., weatherstripping, caulking) may require more frequent replacement in Alaska's climate.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Alaska attorney before use.