7 AAC 75.330. Refund of rent

(a) A home's written policy for the refund of advance payments, established in compliance with AS 47.33.030 (b), must conform to the following rules:

(1) if a resident terminates a residential services contract by giving notice at least one rental period before the termination is to be effective, the home shall refund an advance rent payment on a prorata basis;

(2) if a resident terminates the contract by giving notice less than one rental period before the termination is to be effective, the home need not refund a payment applicable to the current rental period, but shall prorate the refund of an advance rent payment for a subsequent period; if the home executes a new residential services contract with a new resident in place of the terminating resident, to become effective during the current rental period, the home shall refund the prorata amount of rent applicable to the days of the new contract;

(3) if a resident dies, the home need not refund a payment applicable to the current rental period, but shall prorate the refund of an advance rent payment for a subsequent period; if the home executes a new residential services contract with a new resident in place of the deceased resident, to become effective during the current rental period, the home shall refund the prorata amount of rent applicable to the days of the new contract;

(4) if a home terminates a residential services contract, in accordance with AS 47.33.360 , it shall refund an advance rent payment on a prorata basis.

(b) In implementing AS 47.33.030 , "advance payment," in the case of rent, does not mean the rent paid at the beginning of a rental period for that period. It means rent advanced for a subsequent rental period.

History: Eff 7/1/95, Register 134

Authority: AS 47.33.030

AS 47.33.920

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