Security Deposit Demand Letter — Alaska

SECURITY DEPOSIT DEMAND LETTER

STATE OF ALASKA — URLTA ENFORCEMENT

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA FIRST-CLASS MAIL

Date: [__/__/____]

To:
[________________________________]
[________________________________]
[________________________________]

Re: FORMAL DEMAND — RETURN OF SECURITY DEPOSIT UNDER AS 34.03.070
Former Tenant: [________________________________]
Rental Property: [________________________________]
Lease Commencement: [__/__/____]
Move-Out Date: [__/__/____]
Security Deposit Paid: $[________________________________]

Dear [________________________________]:

This law firm represents [________________________________] ("Tenant") regarding the security deposit for the above-referenced rental property under AS 34.03.070. This letter states the amount our Client claims is due and the factual basis for any additional recovery or attorney fees sought.

I. ALASKA'S URLTA SECURITY DEPOSIT FRAMEWORK

A. Governing Statute — AS 34.03.070

Security deposits and prepaid rent are governed by AS 34.03.070, which addresses collection, holding, itemization, and return.

B. Deposit Cap — Two Months' Rent

Under AS 34.03.070(a), a landlord generally may not demand or receive prepaid rent plus a security deposit, however denominated, in excess of two months' periodic rent. The cap does not apply when monthly rent exceeds $2,000. Subsection (h) separately permits an additional pet security deposit for a pet that is not a service animal, limited to one month's periodic rent and usable only for directly related pet damage.

Our Client's monthly rent was $[____], and the deposit collected was $[____].

☐ The combined prepaid rent and general deposit were within the applicable cap
☐ The combined prepaid rent and general deposit exceeded the applicable cap by $[____]

C. Return Deadlines — 14 Days or 30 Days

Under AS 34.03.070(g), determine the deadline using the actual notice and possession facts:

14-Day Deadline: If the landlord or tenant gives notice complying with AS 34.03.290, the landlord must mail the refund and written notice within 14 days after termination and delivery of possession, subject to the damage-deduction exception below. A forwarding address is not an extra condition for this clock.

30-Day Deadline (with deductions): If the landlord deducts for damages caused by the tenant's noncompliance with AS 34.03.120, the landlord has 30 days to mail the refund and itemization.

30-Day Deadline (tenant gave no compliant notice): The statute sets 30 days after termination, tenant delivery of possession, or landlord awareness of abandonment. If no mailing address is known but another way to contact the tenant is known or reasonably knowable, the landlord must make a reasonable delivery effort.

D. Itemization Requirement

AS 34.03.070(b) requires a written notice itemizing accrued rent and damages retained and stating the amount due the tenant. Test each claimed deduction against that subsection and AS 34.03.120; the statute does not add an automatic utility-charge category or require a receipt for each item.

E. Remedy for Wilful Failure

AS 34.03.070(d) provides that if the landlord wilfully fails to comply with subsection (b), the tenant may recover up to twice the actual amount withheld. The statute does not state an automatic forfeiture of every deduction or an automatic fixed penalty for any late mailing.

F. Holding and Pet-Deposit Rules

AS 34.03.070(c) requires prompt deposit in a trust account wherever practicable, separate accounting by tenant, and no commingling with the landlord's other funds. Subsection (h) requires separate accounting of any additional pet deposit and restricts its use to directly related pet damage.

II. TENANCY INFORMATION

III. MOVE-OUT DETAILS AND COMPLIANCE

A. Tenant's Compliance with AS 34.03.290

Termination Notice:

☐ Tenant or landlord provided written notice of termination complying with AS 34.03.290
☐ Notice was delivered on [__/__/____], providing [____] days' advance notice
☐ Notice was delivered via: ☐ Hand delivery ☐ Certified mail ☐ Other: [________________________________]

Forwarding Address:

☐ Tenant provided forwarding address in writing on [__/__/____]
☐ Forwarding address was included in the termination notice
☐ Forwarding address was provided separately

Applicable Deadline: Based on the above, the statutory return deadline was [____] days, making the deposit due no later than [__/__/____].

B. Key Return and Vacancy Dates

C. Inspection Evidence, If Any

☐ Tenant and landlord conducted an inspection on [__/__/____]
☐ Written condition list, photographs, or other inspection evidence exists
☐ No joint inspection occurred

D. Condition of Premises

☐ Premises left clean and in good repair, ordinary wear and tear excepted
☐ Premises professionally cleaned by [________________________________] on [__/__/____]
☐ All personal property removed; all fixtures intact
☐ Photographic/video documentation of move-out condition obtained
☐ Move-in condition report and move-out condition report available for comparison

IV. LANDLORD'S VIOLATIONS OF AS 34.03.070

You have violated the URLTA in the following respects:

☐ Failure to Return Deposit Within Statutory Period: More than [____] days have elapsed since the applicable deadline under AS 34.03.070(g), and you have failed to return any portion of the deposit.

☐ Failure to Provide Itemized Statement: You have failed to mail a written itemization of accrued rent and damages, with the amount due the tenant, within the applicable period under AS 34.03.070(b) and (g). If this failure was wilful, subsection (d) permits recovery of up to twice the actual amount withheld.

☐ Late or Incomplete Itemization: Your itemization dated [__/__/____] was ☐ untimely ☐ lacking an itemization of accrued rent or damage ☐ missing the amount due the tenant ☐ otherwise deficient: [________________________________].

☐ Excessive or Unlawful Deductions: Your claimed deductions are not supported under AS 34.03.070(b) and AS 34.03.120, including:
☐ Charges for ordinary wear and tear
☐ Charges for pre-existing damage documented at move-in
☐ Inflated repair costs exceeding actual expenditures
☐ Charges for conditions existing before this tenancy or documented as remedied before surrender
☐ Charges unrelated to the tenancy: [________________________________]

☐ Excessive Security Deposit Collected: The deposit exceeded two months' rent in violation of AS 34.03.070(a), given that monthly rent was at or below $2,000.

☐ Misuse of Additional Pet Deposit: You applied a separately collected pet deposit to rent or damage unrelated to the pet, contrary to AS 34.03.070(h).

☐ Wilful Failure to Comply with AS 34.03.070(b): The evidence supporting wilfulness is [________________________________].

V. ORDINARY WEAR AND TEAR — ALASKA CLIMATE CONSIDERATIONS

AS 34.03.070(b) excludes normal wear and tear, defined in subsection (i)(1) by intended use and absence of negligence, carelessness, accident, misuse, or abuse. Evaluate each condition from the move-in and move-out evidence; none of these examples is automatically ordinary wear:

☐ Weatherstripping degradation from temperature extremes
☐ Caulking failure around windows and doors due to freeze-thaw cycling
☐ Minor carpet wear in high-traffic areas, including boot/shoe tracking during winter
☐ Small nail holes from hanging pictures or shelving
☐ Paint fading, particularly from UV exposure during extended summer daylight
☐ Scuff marks on walls and baseboards from winter gear storage
☐ Worn finish on entryway flooring from snow, ice, and gravel tracking
☐ Minor scratches on surfaces consistent with daily living
☐ Normal furnace filter changes and HVAC wear
☐ Frost-related condensation marks near windows
☐ Other: [________________________________]

VI. DEPOSIT AND REMEDY CALCULATION

A. Deposit Amounts Owed

B. Additional Recovery for Wilful Noncompliance

Under AS 34.03.070(d), if the landlord wilfully fails to comply with subsection (b), the tenant may recover up to twice the actual amount withheld. State the evidence of wilfulness and the amount actually withheld; do not assume an automatic award or add an unsupported fixed multiplier to the deposit claim.

C. Disputed Deductions

The deductions disputed by our Client are [DESCRIBE ITEMS, AMOUNTS, AND WHY THEY ARE NOT ACCRUED RENT OR AS 34.03.120 NONCOMPLIANCE DAMAGE: ________________________________________________]. AS 34.03.070 does not impose an automatic forfeiture of all deductions merely because the itemization was late.

D. Attorney Fees Under Alaska Law

AS 34.03.350 allows attorney fees to the prevailing party in a proceeding arising out of the chapter or a rental agreement. This letter does not fix a fee award in advance.

E. Total Demand Summary

VII. EVIDENCE PRESERVED

Our Client has preserved the following documentation:

☐ Original signed lease agreement
☐ Receipt or bank record confirming deposit payment
☐ Move-in condition inspection report / checklist
☐ Move-out condition inspection report / checklist
☐ Inspection notes or condition list, if any
☐ Dated photographs of premises at move-in
☐ Dated photographs of premises at move-out
☐ Video walkthrough at move-out
☐ Copy of written termination notice with proof of delivery
☐ Documentation of forwarding address delivery
☐ Written request for a voluntary inspection, if any
☐ Professional cleaning receipt from [________________________________]
☐ All correspondence with landlord regarding the deposit
☐ Landlord's itemized statement (if received)
☐ Utility final bills showing service through move-out
☐ Witness statements regarding condition of premises
☐ Other: [________________________________]

VIII. FORMAL DEMAND

We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit wrongfully withheld: $[________________________________]

2. Additional Recovery, If Proven: For a wilful failure to comply with AS 34.03.070(b), pay the amount supportable under subsection (d), up to twice the actual amount withheld: $[________________________________]

3. Total Payment Due: $[________________________________]

Payment shall be made by certified check or money order, payable to [________________________________], and delivered to:

[________________________________]
[________________________________]
[________________________________]

Reference: [________________________________] — Security Deposit Demand

IX. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the specified period, we are authorized and prepared to:

1. File Suit: We may file in an Alaska court with subject-matter jurisdiction and proper venue after checking the amount in controversy and current court procedure.

2. Seek Statutory Recovery: If the evidence shows a wilful failure to comply with AS 34.03.070(b), we may seek the recovery allowed by subsection (d), up to twice the actual amount withheld.

3. Seek Attorney Fees Under AS 34.03.350: That section allows fees to the prevailing party in a proceeding arising out of the chapter or a rental agreement.

4. Enforce Any Judgment Obtained: We may use the collection methods authorized for the resulting judgment under applicable law.

X. RESPONSE REQUESTED

Please respond in writing within fourteen (14) days with:

1. Your position on the amount owed
2. Any documentation supporting claimed deductions
3. Full payment or a good-faith settlement offer

Absent a satisfactory response, we will file suit without further notice.

XI. RESERVATION OF RIGHTS

This letter is written without prejudice to any rights and remedies available to our Client under Alaska law or federal law, all of which are expressly reserved. Nothing in this letter or any subsequent negotiation constitutes a waiver of any claim, defense, or right.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Attorney at Law
Alaska Bar No. [________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copy of lease agreement
☐ Copy of security deposit receipt
☐ Move-in/move-out photographs (selected)
☐ Copy of termination notice with delivery confirmation
☐ Copy of forwarding address notification
☐ Copy of voluntary inspection request, if any
☐ Landlord's itemization (if received)
☐ Cleaning receipts
☐ Authorization to represent

cc:
[________________________________] (Client)
[________________________________] (Property Management Company, if applicable)
[________________________________] (Property Owner, if different from addressee)
Client File

ALASKA SECURITY DEPOSIT — QUICK REFERENCE TABLE

ALASKA-SPECIFIC PRACTICE NOTES

☐ Select the Correct Clock: Record who gave compliant notice, termination, delivery of possession, any damage deduction, and any abandonment awareness before calculating the due date under AS 34.03.070(g).

☐ Attorney Fees: AS 34.03.350 allows prevailing-party fees in a proceeding arising out of the chapter or rental agreement; do not attribute fees to AS 34.03.290.

☐ Remedy Requires Proof: AS 34.03.070(d) requires wilful failure to comply with subsection (b) and authorizes recovery up to twice the actual amount withheld. It does not create an automatic forfeiture of every deduction.

☐ Condition-Specific Wear: Document the actual use, cause, and move-in condition of each item. Do not label a whole category of deterioration as normal wear without applying AS 34.03.070(i)(1).

☐ $2,000 Rent Threshold: Confirm the monthly rent before asserting an excessive-deposit claim under AS 34.03.070(a).

☐ Alaska Housing Finance Corporation (AHFC): If the unit is subsidized through AHFC programs, additional regulatory requirements may apply to security deposit handling. Confirm the funding source for the housing.

SOURCES AND REFERENCES

• AS 34.03.070 — security deposits and prepaid rent
• AS 34.03.120 — tenant obligations
• AS 34.03.290 — periodic tenancy and holdover
• AS 34.03.350 — attorney fees

This template is for informational purposes only and does not constitute legal advice. Security deposit laws are subject to change. Consult a licensed Alaska attorney before use.