Can my landlord withhold a deposit even if we've given 30days notice?

Question

We we're on a verbal month-to-month lease. We are owed a $1,000 based on our expired lease deposit from 7 months ago. I feel we deserve our money and there's no point in paying for 15 days if we don't get our deposit by waiting an extra 15 days and not recieving our deserved deposit. We're in Alaska.

Answer 1

Uh...you haven't moved out yet.

You don't get the deposit back until you have moved out, cleaned the apartment, and hand the keys back in.

THEN the landlord will assess for damages.

Answer 2

He can not hold back your deposit if your on a month to month lease the only time he can hold back your deposit is if there is damage to the property or you haven't pay your rent.

If there is no contract then your money is yours. Just tell him if you don't give it back you will take him to court he should give it back then because he knows he will lose in court and it will cost him alot more than $1,000.

But fight for it it's your.

Hope this helps.

Answer 3

firstly - go directly to your signed contract. The contract will have terms describing terms of rental after the contract period is over - Usually this is a month to month arrangement. Traditionally, the deposit is withheld until after you vacate the rental property and it has been inspected by the owner. It can be held for as long as you occupy the rental, whether under the original terms of the contract or the terms which are in effect after the contract period is over. The deposit is intended to cover any damage beyond normal wear and tear as well as cleaning if necessary.

Basically, if you still live there then the owner/manager still has the right to hold your deposit. If you're not living there... they either return it or send you a bill and the remainder w/in 30 days.

Answer 4

AS 34.03.020. Terms and Conditions of Rental Agreement.

(b) In the absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

That spells out what rights you have, basically, without a written agreement. Verbal agreements aren't worth the paper they're printed on.

Answer 5

Expert Realtor is right, but I have to add one important warning.  Landlords are not exactly, as whole, known for their personal integrity where tenants are concerned, though obviously, some are better than others.  Do not leave, move out, and leave it solely to your landlord's discretion to assess for damages.  You have to do a walk-through of the unit with the landlord and possibly with an additional witness (don't call the person a witness to the landlord).  I've been the victim to my own detriment of a landlord trumping up damages and billing me for thousands of dollars.

Answer 6

You are somewhat vague in your complaint here, but I will try to respond.  I gather that the landlord is asking you to pay for another fifteen days, based upon the timing of your notice to vacate.  He's correct if you gave notice mid-month.

Many renters misunderstand the '30 day notice' requirement.  It's not just 30 days from whenever you decide to give notice.  It's 30 days from any specific rent due date, which is generally the first of the month.  Therefore if you give notice mid-July, your notice has the effect of being given at the end of July, and you are expected to pay for August in full, not on any sort of prorated basis.

All that being said, Alaska law allows a landlord fourteen days to return a deposit AFTER the end of the tenancy.  If this is your complaint, you have no complaint, since it is Alaska statute.  Furthermore, if you did not give proper notice to vacate (unknown) that period extends to thirty days.

Good luck.