What are the tenant’s rights when a landlord fails to return a security deposit?
In Alaska, tenants have certain rights when a landlord fails to return an security deposit. According to Alaska law, a landlord must return the security deposit to the tenant within 14 days after the tenant has moved out of the rental unit and given the landlord a forwarding address. If the landlord fails to return the security deposit within the time limit, the tenant is entitled to a penalty of twice the amount of the security deposit, up to a maximum of $500. The tenant must file a claim in court in order to receive the penalty. The tenant can also keep the security deposit if the landlord had no right to retain it. For example, if the landlord did not properly notify the tenant in writing of any damages found upon entering the unit, or if the landlord kept the security deposit without giving the tenant a chance to make repairs and return the unit to its original condition. The tenant also has the right to sue the landlord for damages if the security deposit is not returned. The court may decide to award the tenant damages, court costs, and attorney fees if the tenant proves that the landlord acted in bad faith or with malice. Finally, the tenant is also entitled to the return of the security deposit if the tenant gives the landlord written notice to terminate the tenancy. In this case, the landlord must return the security deposit within seven days after receiving the written notice. If the landlord fails to do so, the tenant can enforce the right to receive the security deposit through a court order.
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