Alaska

Alaska Landlord-Tenant Key Rules

Official Alaska Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	2x monthly rent. If rent exceeds $2,000/month it can be more. Alaska Stat. § 34.03.070(a)
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	Yes Alaska Stat. § 34.03.070(c)
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	1x monthly rent. Needs to be accounted for separate from security deposit and applied only to damages related to the pet. Service animals don’t apply Alaska Stat. § 34.03.070(h)(1)(2)
Deadline for Returning Security Deposit:	14 days after termination of tenancy if there are no deductions. 30 days if there are deductions. Alaska Stat. § 34.03.070(g)
Permitted Uses of the Deposit:	Applicable to unpaid accrued rent and damages due to tenant’s noncompliance with AS 34.03.120. Alaska Stat. § 34.03.070(b)
Security Deposit can be Withheld:	Yes Alaska Stat. § 34.03.070(g)
Require Written Description/Itemized List of Damages and Charges:	Yes. Within 30 days of termination of tenancy. Alaska Stat. § 34.03.070(g)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes Alaska Stat. § 34.03.070(g)
Failure to Comply:	Tenant may be able to recover 2x the amount withheld. Alaska Stat. § 34.03.070(d)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	At the beginning of any term of one month or less unless otherwise agreed by all parties. Alaska Stat. § 34.03.020(c)
Payment Methods:	No statute
Rent Increase Notice:	30-day notice for month-to-month tenancies. The Alaska Landlord and Tenant Act Page 21
Late Fees:	The law doesn’t specify a maximum late fee, so the usury rate applies. If there’s no precise rate, it must not exceed 10.5% per year. No fees are enforceable unless previously agreed too. The Alaska Landlord and Tenant Act Page 4
Application Fees:	No statute
Prepaid Rent:	2x monthly rent security deposit Alaska Stat. § 34.03.070(a)
Returned Check Fees:	No statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes. After sending a written notice to the landlord, a tenant can take measures to remedy their situation and deduct costs from rent. Alaska Stat. § 34.03.180(a)(1)(2)(3)
Tenant Allowed to Repair and Deduct Rent:	Yes. After sending a written notice to the landlord, a tenant can take measures to remedy their situation and deduct costs from rent. Alaska Stat. § 34.03.180(a)(1)(2)(3)
Self-Help Evictions:	No statute
Landlord Allowed to Recover Court and Attorney’s Fees:	Allowed to the prevailing party arising from the rental agreement or proceedings under the landlord and tenant act Alaska Stat. § 34.03.350
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes. The agrrieved party has a duty to mitigate damages. Alaska Stat. § 34.03.320

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	No statute for fixed-end date leases.
Notice to Terminate a Periodic Lease – Week-to-week:	14 day notice Alaska Stat. § 34.03.290(a)
Notice to Terminate a Periodic Lease – Month-to-Month:	30 day notice Alaska Stat. § 34.03.290(b)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	7 day notice to pay or quit Alaska Stat. § 34.03.220(b)
Notice for Lease Violation:	10 day notice required Alaska Stat. § 34.03.220
Required Notice before Entry:	24 hour notice required Alaska Stat. § 34.03.140(c)
Entry Allowed with Notice for Maintenance and Repairs:	Yes. 24 hour notice required Alaska Stat. § 34.03.140(c)
Emergency Entry Allowed without Notice:	Yes Alaska Stat. § 34.03.140(b)
Entry Allowed During Tenant’s Extended Absence:	Yes. When necessary as outlined in Alaska Stat. § 34.03.140. Alaska Stat. § 34.03.230
Entry Allowed with Notice for Showing the Property:	Yes. 24 hour notice required Alaska Stat. § 34.03.140(c)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	No Alaska Stat. § 34.03.280
Utility Shut-offs Allowed:	No Alaska Stat. § 34.03.210
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the person authorized to manage the premises and receive notices. (Alaska Stat. § 34.03.080)
• Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
• Domestic Violence Situations: Victims may terminate the lease with 30 days’ notice and proof such as a protective order. (Alaska Stat. § 34.03.210)

Duties

Landlord’s Duties

• Compliance: Must comply with all applicable building and housing codes that materially affect health and safety. (AS § 34.03.100)

• Repairs: Must make all repairs and take necessary actions to keep the premises in a fit and habitable condition. (AS § 34.03.100)

• Common Areas: Must keep all common areas of the premises in a clean and safe condition. (AS § 34.03.100)

• Maintenance: Must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied. (AS § 34.03.100)

• Garbage: Must provide and maintain appropriate receptacles and remove garbage if multiple dwelling units are involved, unless agreed otherwise. (AS § 34.03.100)

Tenant’s Duties

• Cleanliness: Keep the part of the premises that they occupy as clean and safe as the condition of the premises permits. (AS § 34.03.120)

• Trash: Dispose of all ashes, garbage, rubbish, and other waste in a clean and safe manner. (AS § 34.03.120)

• Plumbing: Keep all plumbing fixtures in the premises as clean as their condition permits. (AS § 34.03.120)

• Appliances: Use all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators, in a reasonable manner. (AS § 34.03.120)

• Damage: Must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any other person to do so. (AS § 34.03.120)

• Quiet Enjoyment: Conduct oneself and require others on the premises to do so in a manner that does not disturb the neighbors’ peaceful enjoyment. (AS § 34.03.120)

• Subleasing: Not allowed unless otherwise agreed in writing by the landlord. (AS § 34.03.060)

• Retaliation: A landlord may not retaliate by increasing rent or decreasing services because a tenant complains to a governmental agency or joins a tenant union. (AS § 34.03.310)

• Lead Disclosure: Required under federal law for properties built before 1978; landlords must disclose known lead-based paint hazards and provide the EPA pamphlet.