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ok we were evicted from a cabin cause our lease was up and…

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ok we were evicted from...
ok we were evicted from a cabin cause our lease was up and now they are saying they have 30 days to get us our deposit. is this true?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 9 minutes by:
6/14/2010
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,817
Experience: B.A.; M.B.A.; J.D.
Verified

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

ok we were evicted from a cabin cause our lease was up and now they are saying they have 30 days to get us our deposit. is this true?

 

Response: No, it is not true. Your landlord must return your deposit to you within 14 days of you moving out.

 

NOTICE, SECURITY DEPOSIT AND CONDITIONS FOR RETURNING OR NOT RETURNING IT.

 

If the tenant has given proper notice of moving out, the landlord must provide a written, itemized list of accrued rent and damages with any refund due the tenant within 14 days of the date the tenancy is terminated and possession is delivered by the tenant. If the landlord willfully fails to comply with this requirement, the tenant may recover up to twice the amount withheld by the landlord. See AS 34.03.070(b) and 34.03.070(d)

 

 

The itemized list may be hand-delivered or mailed to the tenant's last known address. If the landlord does not know the new mailing address of the tenant, but knows or has reason to know how to contact the tenant, the landlord must make a reasonable effort to deliver the notice and refund to the tenant.

 

 

If the tenant does not give proper notice or abandons the dwelling, the landlord may take up to 30 days after the tenancy is terminated (or after he or she becomes aware of the abandonment) to return the deposit or provide a written notice of accrued rent and damages. See AS 34.03.070(g)74

 

When a tenant moves out, he or she has a right to get back the full security deposit if:

  • no damage has been done beyond that caused by normal, nonabusive living; and
  • the rent is paid.

 

Otherwise, the landlord has the right to keep all or part of the security deposit to cover these costs. See AS 34.03.070(b)



Edited by AttorneyPhillips on 6/14/2010 at 8:01 AM EST
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Customer reply replied 8 years ago
so because I was evicted that is proper notice right? I didn't put it in writing they served me an eviction notice saying we have to leave unless we agree to pay higher rent. which then i said no we will be out by the end of the month. which we were. They had it posted with pictures on craigslist before we were informed of anything,
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago

so because I was evicted that is proper notice right? I didn't put it in writing they served me an eviction notice saying we have to leave unless we agree to pay higher rent. which then i said no we will be out by the end of the month. which we were. They had it posted with pictures on craigslist before we were informed of anything,

 

Response: Yes, that would be regarded as proper notice since you were evicted.

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Customer reply replied 8 years ago
ok one more question he is saying 30 days cause there is a mark on the wall so damages or does tat fall under the itemized list. 14 days to either give me the deposit or why they are taking it.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago

ok one more question he is saying 30 days cause there is a mark on the wall so damages or does tat fall under the itemized list. 14 days to either give me the deposit or why they are taking it.

 

Response: Yes, it falls under itemized list--only 14 days required and not 30 days.

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