Legal Question in Real Estate Law in Alaska

Security Deposit Increases

Can a landlord increase a security deposit after a tenant has been occupying the permises, just because the security desposit for the available units has increased?


Asked on 10/08/01, 6:33 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Security Deposit Increases

To the extent this is a 'California' question, the answer is that an increase in security deposit is a change in the terms of the rental or lease and generally can be imposed only under conditions where other terms could be changed as well. In other words, if it is month-to-month, the security deposit can be increased, subject to other limits imposed by law, by giving 30 to 60 days advance notice. If it is a term (e.g.annual) lease, the landlord cannot modify the terms prior to expiration.

This answer does not fully explore other laws that may limit the landlord's right to increase the deposit, but does set forth the main aspects of California law. Alaska law may be very similar but you will need to ask an Alaska attorney to get a reliable opinion.

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Answered on 11/21/01, 4:21 pm
James Szender Law Office of James R. Szender

Re: Security Deposit Increases

Mr. Whipple's answer would apply in Alaska as well. A month to month tenancy may be modified (or terminated) by written notice given at least 30 days prior to the next rental due date. A longer term lease may not be modified prior to expiration except by mutual agreement.

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Answered on 11/21/01, 9:17 pm


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