Should I charge interest?

[Nutdotnet]

Long story short:

Alaska State Statute states a landlord must return a security deposit (or itemized list of deductions + any leftover security deposit) within 14 days of vacating premisis (30 days if proper notice was not given).

My landloard took 142 days (142 days after the 14 day allowable period) and severly reduced my amount, which I ridiculous. So, instead of trying to fight her about the deductions, I'm taking her to small claims on the basis that she violated Alaska Statute 34.03.070 part (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.

Security Deposit is $1,000 and I'm pretty confident that I'll win it.

So, I'm wondering if I should ask for interest in my claim, and if so, what percentage should I ask for?

According to the AS:

If the landlord willfully fails to comply with this requirement, the tenant may recover up to twice the amount withheld by the landlord

I'm not trying to be greedy, but I could have done a lot with this money these past 6+ months that I have been with out it.

 

[Carrot44]

Go for the max you can get. They probably did not have the $ to give back to you.
Most states require if there is a lease that the depost be placed into an account and left there.
They also need to give you an itimized list of the deductions they claimed. And they can't take out wear and tear
unless a certain amount is stated in the lease.

Ken

 

[Nutdotnet]

You're right.

See, but if I say, $2,000 (because it is double what my security deposit is) then I have to justify this in court.

I was thinking of using "opporunity costs" for increased interest. Like if I had it in a T-Bill for 6 months then I could have made X amount of money.

What's a 6-month T-Bill interest rate at these days?

On of her deductions was because I didn't use the same carpet cleaning company that was specified in the lease. Lo-and-behold...a lease cannot actually require a person to have the carpets professionally shampooed in Alaska because this is considered above and beyong "normal wear and tear".

 

[huesmann]

It's called your time and hassle for filing in small claims court. Time is money, and yours is worth $1000.

 

[ElFenix]

Originally posted by: Nutdotnet
Long story short:

Alaska State Statute states a landlord must return a security deposit (or itemized list of deductions + any leftover security deposit) within 14 days of vacating premisis (30 days if proper notice was not given).

My landloard took 142 days (142 days after the 14 day allowable period) and severly reduced my amount, which I ridiculous. So, instead of trying to fight her about the deductions, I'm taking her to small claims on the basis that she violated Alaska Statute 34.03.070 part (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.

Security Deposit is $1,000 and I'm pretty confident that I'll win it.

So, I'm wondering if I should ask for interest in my claim, and if so, what percentage should I ask for?

According to the AS:

If the landlord willfully fails to comply with this requirement, the tenant may recover up to twice the amount withheld by the landlord

I'm not trying to be greedy, but I could have done a lot with this money these past 6+ months that I have been with out it.

ask for prejudgement interest and the court will fix it for you. the other thing sounds like a punitive measure, so might as well ask for it too

 

[NogginBoink]

You don't have to justify anything. The law says you can recover twice what is owed. Your justification is "the law says so."

 

[Nutdotnet]

Originally posted by: NogginBoink
You don't have to justify anything. The law says you can recover twice what is owed. Your justification is "the law says so."

Well, word-for-word it says, "UP TO twice the amount."

I just put $1,000 in the court docs...heck, I'll be happy with that + court costs ($40). I just want my money back!

 

[IHateMyJob2004]

Originally posted by: Nutdotnet
Long story short:

Alaska State Statute states a landlord must return a security deposit (or itemized list of deductions + any leftover security deposit) within 14 days of vacating premisis (30 days if proper notice was not given).

My landloard took 142 days (142 days after the 14 day allowable period) and severly reduced my amount, which I ridiculous. So, instead of trying to fight her about the deductions, I'm taking her to small claims on the basis that she violated Alaska Statute 34.03.070 part (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.

Security Deposit is $1,000 and I'm pretty confident that I'll win it.

So, I'm wondering if I should ask for interest in my claim, and if so, what percentage should I ask for?

According to the AS:

If the landlord willfully fails to comply with this requirement, the tenant may recover up to twice the amount withheld by the landlord

I'm not trying to be greedy, but I could have done a lot with this money these past 6+ months that I have been with out it.

This is business. Your landlord is in busienss and could care les abotu you. go for the full $2,000. And be sure to bring those laws to court jsut in case the judge is unaware (which I also doubt) This is business and if she gives you the sob story, just tell her that it is only business and ignorance is not an excuse. If she is a landlord, she should know these things.

 

[AStar617]

Sic a polar bear on her ass. Some wolverines too, for good measure. :thumbsup:

 

[Carrot44]

Originally posted by: Nutdotnet
You're right.

See, but if I say, $2,000 (because it is double what my security deposit is) then I have to justify this in court.

I was thinking of using "opporunity costs" for increased interest. Like if I had it in a T-Bill for 6 months then I could have made X amount of money.

What's a 6-month T-Bill interest rate at these days?

On of her deductions was because I didn't use the same carpet cleaning company that was specified in the lease. Lo-and-behold...a lease cannot actually require a person to have the carpets professionally shampooed in Alaska because this is considered above and beyong "normal wear and tear".

Their relatives probably owned the company so they get a BIG discount.
Besides who cares did you pay for the cleaning? If so no cost out of their mouth.

Ken

 

[Pepsi90919]

, which I ridiculous