Alaska Security Deposit Deductions: What a Landlord Can Keep and What Is Normal Wear and Tear

By the FigureMyTax Editorial Team · How we calculate

Alaska lets a landlord apply a deposit to unpaid rent and to damage a tenant caused, but not to normal wear and tear, and it defines that term. Here is what the statute allows, what it excludes and what the itemized notice must do.

What can an Alaska landlord deduct from a deposit?

Property or money held as prepaid rent or a security deposit may be applied to accrued rent and to the amount of damages the landlord has suffered by reason of the tenant’s noncompliance with AS 34.03.120, itemized in a written notice mailed to the tenant’s last known address within the time limit, together with the amount due the tenant (AS 34.03.070(b)).

What counts as damages?

In this subsection, “damages” means deterioration of the premises and, if applicable, of the contents of the premises. It does not include deterioration that is the result of normal wear and tear, or that is caused by the landlord’s failure to prepare for expected conditions or to comply with an obligation the chapter imposes on the landlord (070(b)).

What is normal wear and tear?

The statute defines it: deterioration that occurs from the intended use of the rental unit and without negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenant, members of the household, or invitees or guests (070(i)(1)). Section 120(c) adds that the tenant must leave the premises in substantially the same condition, except for normal wear and tear, as at the beginning of the tenancy, including, in the landlord’s discretion, professionally cleaning the carpets if they were professionally cleaned immediately before the tenancy began (AS 34.03.120(c)).

Which tenant duties can lead to a deduction?

Section 120 requires a tenant to keep the occupied premises as clean and safe as their condition permits, dispose of waste cleanly and safely, keep plumbing fixtures as clean as their condition permits, use facilities and appliances in a reasonable manner, not deliberately or negligently destroy, deface, damage, impair or remove part of the premises, and not change the locks without the landlord’s written agreement, among other duties. Damage that traces back to one of these duties fits the statute; ordinary aging does not.

Can the landlord use the pet deposit for anything?

No. The additional security deposit a landlord may ask for from a tenant with a pet is accounted for separately and “may be applied only to the amount of damages that are directly related to the pet of the tenant” (070(h)). See Alaska pet deposits.

What must the itemized notice say?

The accrued rent and damages must be itemized in a written notice. The statute does not list line items, but “itemized” means each deduction with its amount, so a bare total does not fit. A landlord must also give the tenant the terms and conditions under which prepaid rent or the deposit may be withheld (070(c)), so compare the itemized notice with those terms. Use the deposit deadline calculator to find the date the notice is due.

Can a landlord recover more than the deposit?

Yes. The section does not preclude a landlord or tenant from recovering other damages to which either may be entitled under the chapter (070(e)), and attorney fees go to the prevailing party in a proceeding under the chapter (AS 34.03.350).

Frequently asked questions

Official sources

• AS 34.03.070: security deposits and prepaid rent
• AS 34.03.120: tenant obligations
• AS 34.03.350: attorney fees

This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.