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Alaska Sublease Agreement

An Alaska sublease agreement is a legal contract that allows a tenant, known as the “Sublessor,” to rent out all or a portion of their property to a new tenant, referred to as the “Sublessee”. The sublessee is responsible for paying the sublessor on time and is bound by the same terms established in the original lease. The original tenant remains responsible for the commitments in the original lease, including rent payments to the landlord.

Alaska Sublease Agreement

Right to Sublet

In Alaska, tenants must obtain explicit written consent from their landlord before subletting their rental unit. This requirement is mandated by Alaska Statutes § 34.03.060. Each prospective sub-lessee must submit a written offer to the landlord that includes the following information:

  • Name, age, and current address
  • Marital status
  • Occupation, place of employment, and name and address of employer
  • Number of all other persons who would normally reside with the prospective occupant
  • Two credit references or responsible persons who can confirm the financial responsibility of the prospective occupant
  • Names and addresses of all landlords of the prospective occupant during the prior three years

Once the landlord receives the written offer, they have 14 days to respond. The landlord can reject a subtenant for the following reasons:

  • Bad credit or financial irresponsibility
  • Too many tenants
  • Number of tenants under 18
  • Applicant will not accept terms of the original lease
  • Pet maintenance issues
  • Proposed commercial activity
  • Negative feedback from a previous landlord regarding the applicant

If the landlord does not respond within the 14-day period, consent is assumed to be granted.

Standard Alaska Sublease Agreement Components

A standard Alaska sublease agreement typically includes the following elements:

  • Names of the Parties: Identification of the sublessor and sublessee.
  • Rental Unit Location: The address of the rental unit as described in the original lease.
  • Term: The start and end dates of the sublease.
  • Rent: The amount of rent, payment schedule, and method of payment.
  • Utilities: Responsibilities for utility payments between the sublessor and sublessee.
  • Liability: The sublessee’s liability for damages, while the sublessor retains ultimate responsibility to the landlord.
  • Authorized Occupants: A list of individuals authorized to reside in the rental unit.
  • Security Deposit: Details regarding the security deposit, which cannot exceed two months’ rent.
  • Pet Deposit: If applicable, an additional deposit for pets, limited to one month’s rent.
  • Return of Security Deposit: Requirements for returning the security deposit within 14 days after the sublessee vacates.
  • Inventory of Included Items: A list of items included in the rental unit.
  • Lead-Based Paint Notice: Required if the rental unit was built before 1978.
  • Master Lease Inclusion: A copy of the original lease attached to the sublease.
  • Dispute Resolution: Procedures for resolving disputes between the parties.
  • General Conditions: A statement that the written sublease contains all agreements between the parties.
  • Smoking Policy: Any restrictions on smoking within the rental unit.
  • Landlord’s Consent: A section detailing how the landlord’s consent is obtained.
  • Signatures: Signatures and dates for all parties involved.

Tax Obligations

In Alaska, there are no state sales or lodging taxes; these are managed locally by individual cities or boroughs. Short-term rentals are generally defined as rentals lasting less than 30 or 31 days, though this definition can vary by location. For example, the city and borough of Sitka define short-term rentals as those lasting 14 days or less.

Statutes

FAQs

Yes, in Alaska, tenants must obtain explicit written consent from their landlord to sublet their apartment. If the landlord does not respond within 14 days of receiving the subtenant’s application, consent is considered granted.

A prospective subtenant in Alaska must submit a written offer that includes their name, age, current address, marital status, occupation, employer details, the number of occupants, two credit references, and the names and addresses of all landlords from the past three years.

A landlord in Alaska can reject a subtenant for reasons such as bad credit, financial irresponsibility, too many tenants, the presence of underage tenants, refusal to accept the original lease terms, pet maintenance issues, or negative feedback from previous landlords.

In Alaska, the security deposit for a sublease cannot exceed two months’ rent. Additionally, if a tenant has a pet, the landlord may charge an additional deposit equivalent to one month’s rent.

Alaska law requires that the security deposit be returned within 14 days after the subtenant vacates the rental unit, or within 30 days if the deposit is being used for unpaid rent or property repairs.

In Alaska, a short-term rental is typically defined as a rental lasting less than 30 or 31 days, although this definition can vary by location. For instance, Sitka defines a short-term rental as one lasting 14 days or less.

An Alaska sublease agreement should include the names of the parties, rental unit location, term of the lease, rent amount and payment details, utilities responsibilities, liability clauses, authorized occupants, security deposit terms, and a smoking policy, among other details.

If a landlord does not respond to a subtenant’s application within 14 days, it is assumed that the landlord accepts the application, allowing the sublease to proceed.