Legal Question in Real Estate Law in Alaska

Small Claims and Invoking Formal Rules of Procedure

I filed a Small Claims Suit against my ex-landlord for wrongfully witholding a portion of my security deposit. The landlord withheld $400.00 from my deposit for ''early move out fees''. These fees were not on my lease agreement. The new tenants that I found moved in before the end of my 30 day notice. He also charged me for cleaning unit and carpet cleaning, patch nail holes and paint and he charged me for utilities for the entire month. The entire suit that I filed was for $1,300.00.

I wrote a letter requesting the rest of my deposit be returned. His reply was that I was misinterpreting the law and he was right. The second letter I wrote was to request receipts and itemization for the ''damages'' that he charged me for. He did not reply to this letter.

After being served with the small claims paperwork, his attorney ask for Formal rules I asked the court to keep the suit in small claims. I have not heard their reply to my request.

What should I do if they refuse to keep the suit in Small claims court? Will the manager have to pay my attorney fees if they lose the case?


Asked on 11/23/02, 3:04 am

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: Small Claims and Invoking Formal Rules of Procedure

You have run into the hard reality of Small Claims Procedure in Alaka. Small Claims Procedure is a consensual option; if both parties don't agree to the simplified rules, formal rules apply. The Court will not force either party to give up the protections of the formal rules.

Your choices at this point are to proceed under the more complex and time consuming formal rules, either with or without an attorney, or to dismiss your suit and walk away.

The prevailing party in Alaska litigation is usually entitled to an augmented award of damages to partially compensate for attorneys fees and costs, however that right, like most others, is subject to numerous exceptions and conditions, and is by no means certain. It also flows both ways; if the Defendant is the prevailing party, he or she would also be entitled to attorneys fees from the unsuccessful Plaintiff.

Before you elect to proceed under formal rules, you should at least consult an attorney to make sure you fully understand the merits of your case and the risks and requirements of formal civil litigation.

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Answered on 11/25/02, 8:05 pm


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