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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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I live in Anchorage, AK. I had lived in my unit years

Customer Question

I live in Anchorage, AK. I had lived in my unit for 3 years starting in July of 2012. I signed a 2 year lease at that time. A year ago my landlord asked if I wanted to sign another 2 year lease. I had recently been treated for cancer and energy level was not back and besides I really liked living there, so I signed the lease. Over the last year I have had heart issues and knee problems. I will be 66 next month. I am 100% disabled by the VA. My unit is on second floor. I have to go up a full flight of stairs to get to the actual living portion. It was getting very difficult to do this whenever I had to leave and return. I notified my landlord on 4/20/15 via email that I was going to have to move and I would be out no later than June 1, 2015. I am aware I have a legal obligation to pay the rent until the unit is re-rented. I notified him on May 28 that I was completely out of the unit and it was cleaned, except for the carpet on stairs. I asked if he wanted me to have the stairs professionally cleaned as the shampooer I was using had no stair attachment. He said no, don't worry about it. He has a security deposit of $1840.00 which is equal to one month's rent. On June 4th he asked if I had forgotten about the June rent, I said yes, so please use the security deposit for the rent, and let me know if he had to use any of it for further cleaning. I couldn't imagine what, but just wanted to be fair. I would be glad to make up the difference. He refused and pointed out a clause in lease that says it cannot be used for rent. The Alaska Landlord Tenant Act says otherwise, that it may indeed be used for that purpose. So I borrowed the money and paid. However, he has 14 days after I have vacated tenancy to return whatever is left or all of it. He said my tenancy is still in existence even though I no longer live there nor have keys. I am well aware of my legal obligation to pay the rent till it's leased again. I found a place just before the end of April and started moving in, I paid double rent in May and was thinking, he'd most likely rent it by July 1 so June would be covered by security deposit. He didn't even try to rent till May 28 when he put an ad on Craigslist. My question is, my tenancy has ceased, correct? So I should get back my deposit 14 days after I turned keys etc over on May 28, I believe.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
My question is, my tenancy has ceased, correct? So I should get back my deposit 14 days after I turned keys etc over on May 28, I believe.
ANS: No, the LL has 30 days after you turned over possession.
This is not exactly correct. Because you signed a lease agreement for a 2 year lease, you tenancy naturally terminates when that 24 month period is up. Giving notice that you would leave before completing that contract is do not terminate your tenancy. Notice that the law at the link below does not cover your situation:
http://www.touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter03/Section290.htm
Alaska Stat. § 34.03.070(g) states:
(g) If the landlord or tenant gives notice that complies with AS 34.03.290, the landlord shall mail the written notice and refund required by (b) of this section within 14 days after the tenancy is terminated and possession is delivered by the tenant. If the tenant does not give notice that complies with AS 34.03.290, the landlord shall mail the written notice and refund required by (b) of this section within 30 days after the tenancy is terminated, possession is delivered by the tenant, or the landlord becomes aware that the dwelling unit is abandoned.
NOTICE: that the law above requires tenancy to have terminated and that you have turned over possession in order for the 14 day time period to kick in. See link below. But, also notice that LL has to mail the written notice and refund within 30 days after you deliver possession in any circumstance.
http://codes.lp.findlaw.com/akstatutes/34/34.03./03./34.03.070.
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