Alaska Security Deposit Law 2026: Limits, Deadlines & Deductions
- Is there really no cap on high-rent units? Correct. When monthly rent exceeds $2,000, AS 34.03.070(a)'s two-month cap does not apply.
- Do pet deposits count toward the cap? Alaska has no separate pet-deposit statute, and courts treat any refundable move-in payment as part of the security deposit — so yes, it counts toward the two-month limit.
- What counts as "proper notice" for the 14-day clock? Generally 30 days' written notice before the next rental due date under AS 34.03.290. Tell the tenant where to send mail and keep proof.
Alaska caps security deposits at two months' rent, requires the deposit back within 14 days when the tenant gave proper move-out notice, and punishes willful violations with up to twice the amount wrongfully withheld — all under AS 34.03.070. Deposits must sit in a trust account, not your operating funds. Every section below is from the Alaska Uniform Residential Landlord and Tenant Act's security deposit statute.
The short version: Charge no more than two months' rent (no cap at all if the rent tops $2,000 a month). Put the money in a bank trust account immediately. Return it or mail an itemized withholding notice within 14 days of move-out — 30 days if the tenant skipped proper notice. Willfully blow the deadline and a court can double the tenant's recovery.
The statute table
| Citation | What it says (one line) |
|---|---|
| AS 34.03.070(a) | Deposit and prepaid rent capped at two months' rent; no cap when monthly rent exceeds $2,000 |
| AS 34.03.070(b) | Withholdings limited to accrued rent and tenant-caused damages; must be itemized in a written notice mailed to the tenant |
| AS 34.03.070(c) | Deposit and prepaid rent must go into a trust account at a bank, savings and loan, or licensed escrow agent |
| AS 34.03.070(g) | Return deadline: 14 days if the tenant gave proper notice, 30 days if not |
| AS 34.03.070 | Willful violation exposes the landlord to twice the amount wrongfully withheld |
Limits: how much can you charge?
Two months' rent, counting prepaid rent toward the same cap. The one notable carve-out: for units renting above $2,000 per month, the statute imposes no maximum at all. Whatever you call it — cleaning fee, key deposit, prepaid rent — Alaska treats it as a security deposit subject to the cap and all the return rules.
Check your cap with the Security Deposit Max Checker.
The 14-day deadline, precisely
The clock depends on whether the tenant gave proper notice under AS 34.03.290 (typically 30 days before the next rent due date):
- 14 days after termination and move-out if the tenant gave proper notice.
- 30 days if the tenant failed to give proper notice.
In both cases you must either return the deposit or mail the written itemized withholding notice within the window. Alaska's 14-day standard deadline is one of the tightest in the country — start your inspection the day the tenant leaves.
Find your exact date with the Security Deposit Deadline Finder.
When the clock actually starts
The deadline runs from the end of the tenancy and the tenant's departure, and which deadline applies turns on the notice question, not on when you get around to inspecting. If the tenant gave proper notice under AS 34.03.290, plan on the 14-day clock — do not assume you have a month. If the tenant left without proper notice, the 30-day clock applies, but that extra time is not a cushion for slow bookkeeping: the itemized notice still has to be complete and mailed inside the window. The cleanest practice is to log three dates in the deposit file on move-out day itself — the termination date, the date the tenant actually vacated and returned keys, and whether proper notice was given — because those three facts, not your repair schedule, decide which deadline a court would apply.
A worked example
Say a tenant who gave proper notice moves out and the tenancy ends on March 1. The 14-day deadline falls on March 15: by that date you must have returned the deposit or mailed the itemized withholding notice. If the same tenant had left without proper notice, the 30-day deadline would fall on March 31 instead. Work backwards from the deadline, not forwards from move-out day: inspect and photograph the unit in the first 48 hours, get cleaning and repair figures by the end of the first week, and have the letter in the mail several days early — with only 14 days, a single lost weekend consumes a large share of the window.
Deductions and the itemized list
You may withhold for (1) rent owed and (2) damages from the tenant's noncompliance with statutory tenant obligations — meaning damage beyond ordinary wear and tear, plus cleaning to restore the unit to its move-in condition. Every withholding must be itemized in a written notice mailed to the tenant's last known address. Alaska courts read "ordinary wear" strictly: you can't automatically bill for carpet cleaning or repainting unless the condition goes beyond normal use.
Build the letter with the Security Deposit Deduction Letter Generator.
Move-out compliance checklist
1. Fix the clock on day one. Record the termination date, the vacate date, and whether the tenant gave proper notice — that determines whether you have 14 or 30 days.
2. Inspect within 48 hours. Photograph every room before cleaning or repairs begin; with a 14-day window there is no time to reconstruct condition later.
3. Keep the money separate. The deposit should already be sitting in the trust account required by AS 34.03.070(c) — never reconcile it against operating funds at move-out.
4. Separate the two lawful buckets. Every withheld dollar must be accrued rent or damage from the tenant's noncompliance beyond ordinary wear — anything else goes back in the refund.
5. Itemize in writing. List each amount withheld and what it covers; a lump-sum "damages" figure does not satisfy the notice requirement.
6. Mail to the last known address. Send the refund or the itemized notice to the tenant's last known address inside the window, and keep the mailing receipt with the deposit file.
7. Do not apply automatic fees. A standard carpet-cleaning or repainting charge applied to every tenant is exactly the kind of deduction Alaska courts reject — charge only documented, beyond-wear costs.
Interest and where the money sits
Deposits must be promptly deposited in a trust account — a bank, savings and loan association, or licensed escrow agent. You may commingle security deposits and prepaid rent in one account, but never with your operating funds. The statute doesn't require the account to earn interest, but if it does, the tenant is entitled to that interest under general trust principles unless you both agree otherwise.
The penalty, spelled out
A willful violation of the return and accounting requirements can make the landlord liable for twice the amount wrongfully withheld. The "willful" qualifier matters: an honest, documented mistake is treated differently from a landlord who simply pockets the deposit. Tenants enforce this in small claims court, which is why airtight paperwork matters more in Alaska than almost anywhere else.
The arithmetic is worth doing once: if you willfully withhold $500 of a deposit without a proper basis or a timely accounting, the exposure is up to $1,000 on that amount — on top of owing the $500 itself back. A missed two-week deadline on an ordinary deduction can therefore cost more than the deduction was ever worth, which is why the calendar, not the repair bill, is the risky part of an Alaska move-out.
Read the statute yourself
Everything on this page traces back to one section of the Alaska Uniform Residential Landlord and Tenant Act. If a deadline or deduction is ever disputed, the statutory text — not a summary — is what controls:
- AS 34.03.070 — Alaska Statutes (Alaska State Legislature) — the official source for the deposit cap, the trust-account rule, the 14/30-day return deadlines, and the willful-violation penalty.
- AS 34.03.070 — security deposits (Cornell Legal Information Institute) — the same section in a readable secondary layout, useful for cross-checking subsection lettering when you cite the statute in a withholding notice.
FAQ
Is there really no cap on high-rent units?
Correct. When monthly rent exceeds $2,000, AS 34.03.070(a)'s two-month cap does not apply.
Do pet deposits count toward the cap?
Alaska has no separate pet-deposit statute, and courts treat any refundable move-in payment as part of the security deposit — so yes, it counts toward the two-month limit.
What counts as "proper notice" for the 14-day clock?
Generally 30 days' written notice before the next rental due date under AS 34.03.290. Tell the tenant where to send mail and keep proof.
Must the trust account pay interest?
Not by statute. But if the account earns interest, it belongs to the tenant under trust law unless your lease says otherwise.
Can I deduct for routine carpet cleaning?
Not as a matter of course. You can charge only for damage beyond ordinary wear — an automatically applied cleaning fee is exactly the kind of deduction Alaska courts reject.
What if the tenant owes more than the deposit?
Withhold the full deposit with an itemized notice, then pursue the balance separately. The statute doesn't cap your underlying damage claim, only the deposit you collected up front.
Can a tenant use the security deposit as the last month's rent?
No, not unless you agree in writing. The deposit is security held in trust against unpaid rent and damages — it is not a prepaid rent fund the tenant can spend down at the end of the lease.
What if the tenant leaves no forwarding address?
Mail the refund or the itemized withholding notice to the tenant's last known address within the 14- or 30-day window and keep proof of mailing. A tenant who disappears does not extend your deadline.
Never miss Alaska's 14-day clock: when the tenant gave proper notice, you have exactly 14 days to return the deposit with an itemized notice — and an automatic carpet-cleaning fee is the kind of deduction Alaska courts reject. The Security Deposit Disposition & Deadline Tracker keeps your deposit register, deduction ledger, and deadline calendar in one formula-driven tracker ($14.95, one-time purchase).
More security deposit guides
- Security deposit laws by state
- Alabama security deposit law
- Arizona security deposit law
- Wyoming security deposit law
- Arkansas security deposit law
Last verified: October 14, 2026. This is general information, not legal advice. Verify with a licensed Alaska attorney before acting.