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Alaska Landlord-Tenant Laws

Alaska Landlord Tenant LawsThis article is intended to be an online resource for Alaska landlords.  We summarize key Alaska Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Alaska Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Alaska.

 

Quick Facts for Real Estate Investors Considering Alaska

Alaska landlord-tenant laws are considered Landlord friendly.

There are 731,545 residents in Alaska.  Major metropolitan markets in Alaska are:

Anchorage: Estimated population of 288,000, which 37% of residents are renter occupied.  Average rent is $1299

Juneau: Estimated population of 31,974, which 41% of residents are renter occupied.  Average rent is $1237

 

 

Jump to Different Alaska Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN ALASKA

 

Does Alaska require security deposits? 

Alaska does not require security deposits.   (Alaska Statute §§ 34.03.070)

Is a security deposit receipt required in Alaska? 

Alaska does not require landlords to provide a receipt of security deposit.

How much security deposit can a landlord charge in Alaska? 

In Alaska, a landlord can charge two months rent, does not apply when monthly rent exceeds $2,000 for security deposit.  (Alaska Statute §§ 34.03.070(a))

Storage Requirements for Security Deposits in Alaska:

Landlords must promptly deposit in a trust account in a bank, savings and loan association or with a licensed escrow agent.

Can security deposits be commingled with other assets in Alaska? 

Alaska landlords can commingle their security deposits with other assets.  However, it is always recommended to keep them separated.  Alaska has no statute about commingling.

Do landlords have to pay interest on security deposits in Alaska? 

Landlords are not required if the trust account does not earn interest.  However if it does earn interest, the tenant is entitled to the interest unless both parties agree in the lease agreement. to pay interest on security deposits.  (Alaska Statute §§ 34.03.070(c))

When must a landlord return the deposit by in Alaska? 

In Alaska, landlords have 14 days with proper notice or 30 days when tenant does not provide a compliant notice, must be mailed to return the security deposit.  According to (Alaska Statute §§ 34.03.290)

When can a landlord in Alaska withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may without all or portions of a tenant’s security deposit if:
•  Damage in excess of normal wear and tear
•  Unpaid rent

Landlords must include a list with the remaining security deposit.   (Alaska Statute §§ 34.03.070(b)).

Nonrefundable fees: 

No Statute.

Pet Deposits and Additional Fees:

Alaska allows pet deposit.  Landlords pet deposit cannot exceed one month’s rent.  See state statue (Alaska Statute §§ 34.03.070(h)).

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages, sent via mail.  (Alaska Statute §§ 34.03.070(b))

What happens to Alaska landlords that fail to comply returning the security deposit?

When landlords in Alaska fail to comply with state law (Alaska Statute §§ 34.03.070(d)), they can be penalized up to twice the amount withheld.  According to the penalty statue listed at (Alaska Statute §§ 34.03.070(d)).

 

 

 

 

 

RENTAL AGREEMENT LAWS IN ALASKA

 

Rental agreements required in Alaska:

Alaska has no state statutory for required length of duration for rental agreements.  If you need a lease, Burbz offers an online Alaska rental lease agreement.

What are the required lease provisions in Alaska?

Alaska requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

•  Condition of premises
•  Premises condition statement
•  Inventory itemized list and descriptions

It is also strongly recommended to include these provisions:
•  Landlord’s responsibilities
•  Tenant’s responsibilities
•  Pet policies
•  Cleaning Fees
•  Other fees

 

What are the rental agreement notice requirements in Alaska: 

Fixed-End or Year-to-Year: No notice required as the lease expires upon date..

Month-to-Month: 30 days or more from lease expiration. (Alaska Statute §§ 34.03.290(b))

Week-to-Week: 14 days or more from lease expiration. (Alaska Statute §§ 34.03.290(a))

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

Does the lease automatically renew in Alaska? 

Leases terminated upon expiration, unless stated in the lease.

Rent Increase Notice:

Landlords must provide at least 30 days notice prior to the rent increase taking effect. http://www.law.state.ak.us/pdf/consumer/LandlordTenant_web.pdf

Rent Grace Period for Residential:

No statute.

Rent Grace Period for Manufactured Homes:

No Statute

Prepaid Rent:

Maximum landlords can demand is no more than two month’s rent and does not apply for rent that exceeds $2,000.  Same terms as Security Deposits..  (Alaska Statute §§ 34.03.070)

 

 

 

 

Late Fees and Limits in Alaska

Late Fees for Residential:

Landlords cannot use automatic late charge unless approved beforehand.  http://www.law.state.ak.us/pdf/consumer/LandlordTenant_web.pdf

Late Fees for Manufactured Homes:

No Statute.

Rent Grace Period for Manufactured Homes:

No Statute.

 

Limits to late fees in Alaska:

Alaska has no limits to late fees. If a percentage per day is used it cannot exceed 5% above the Federal Reserve discount rate or 10% max.  http://www.law.state.ak.us/pdf/consumer/LandlordTenant_web.pdf

 

 

ALASKA LEASE TERMINATIONS / NOTICES TO QUIT

 

In Alaska, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Alaska?

Alaska requires 7 days to remedy or quit.  (Alaska Statute §§ 34.03.220(b))

How many days must a landlord allow before terminating for a Lease Violation?

If the tenant breaches the Lease Agreement besides unpaid rent, Alaska requires landlords to provide 10 days to remedy or quit.  If the tenant breaches the rental agreement then only 5 days notice for unpaid utilities which allows the tenant 3 days to have service reinstanted.  If unpaid utilities occur again within six months, landlords only need to provide a 3 day notice are required.  (Alaska Statute §§ 34.03.220(a)(1))

How many days when terminating for Falsification of Information? 

No Statute

 

 

Alaska allows immediate lease termination if the tenant is responsible for:

Tenant or Tenant’s party deliberately inflicts damage exceeding $400  Alaska landlords must provide a 24 hour written notice for this to take effect.

 

 

 

ALASKA LAWS ON REPAIRS

 

Alaska tenants are legally allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

Tenants are immediately allowed to procure reasonable amounts of running water, hot water, heat, sanitary facilities and essential services.  If the landlord fails to address the problem, the tenant may fix the problem if it is less than no limit stated. 

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Yes, although the tenant will need to pay rent into the court system or pay for repairs themselves. 

 

If the landlord fails to take necessary action, then the tenants can legally:

Alaska allows tenants to:

•  Pay all or part of rent into court

 

 

 

ALASKA LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Alaska defines certain responsibilities for landlords, including:

•  Must comply with all applicable building codes affecting health and safety
•  Must keep all common areas in a clean and safe condition

•  Must supply running water and reasonable amounts of hot water, at all times.

•  Safe working electricity, heating, ventilating, plumbing & sanitary, elevators and appliances
•  Dwelling has access to running water and reasonable amounts of heat and hot water.  Landlords can still have tenants pay for utilities.
•  Provide locks and keys to ensure safety of tenant and personal property, if requested by the tenant.
•  Provide smoke and carbon monoxide detection

More information at (Alaska Statute §§ 34.03.100).

 

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

ALASKA TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise

Tenants cannot change locks without agreement and must immediately provide a set of keys.  Changing locks requires a 5 day notice to landlord for approval.  (Alaska Statute §§ 34.03.120)

 

 

 

 

 

ALASKA EVICTION LAWS

 

Alaska requires a landlord to file a forcible entry and detainer action to evict a tenant.  http://courts.alaska.gov/forms/index.htm#force

Landlords may evict tenants for the following:
•  Not paying rent
•  Violation of lease / Breach of contract

Can landlords do a ‘self help’ eviction?

In Alaska, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.

Tenants may not be evicted for non-payment of rent if:

Alaska has no statutes allowing tenants to avoid eviction if actions are taken after the duration of written notices.

 

 

 

 

 

ALASKA LAWS ON RETALIATION

 

Alaska laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

•  Tenant submitted a complaint to government agency for building or health code violation
•  Tenant has complained to government agency for enforcing the wage-price stabilization act

 

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

Alaska has no statutory laws for protecting tenants involved with domestic violence, sexual misconduct or sexual assault.

 

 

 

ALASKA LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

Before new tenants moves in, landlords are not required to change the locks.  It is always recommended to do so.

 

Are landlords required to install any specific security device:

Landlords are not required to provide or install security devices.  No Statute.

 

Do landlords have to change locks for domestic violence victims:

No Statute.

 

 

 

 

 

ALASKA PET LAWS & PET POLICIES

Alaska Landlord-Tenant Laws does have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more. Read our guide to pet policies.

 

 

What are the max pet deposits in Alaska:
Landlords may not charge a pet deposit that exceeds one month’s rent.  (Alaska Statute §§ 34.03.070(h))

 

Damages from Pets:

Landlords are required to provide written description and itemized list of damages and charges.

 

 

 

 

DO LANDLORDS IN ALASKA NEED A RENTAL LICENSE?

 

According to Alaska Landlord-Tenant Laws, landlords do not but local counties and cities may have their own regulations that require licensing need a rental license in Alaska. 

 

 

 

 

NOTICE OF ENTRY LAWS IN ALASKA

Do landlords in Alaska have to provide notice of entry? 

Landlords are required to provide 24 hours’ notice for normal circumstances entry.    This includes:

•  Non-emergency maintenance and repairs
•  Showing prospective tenants the unit
•  If premises appear to be empty and abandoned

When can a landlord enter without notice:

According to (Alaska Statute §§ 34.03.140), landlords may enter:
•  Emergencies

 

Can landlords enter for non-emergency maintenance and repairs?

Yes.  (Alaska Statute §§ 34.03.140)

 

Can landlords enter for showings?

Yes.  (Alaska Statute §§ 34.03.140(a))

 

Can landlords enter for emergencies without notice?

Yes.  (Alaska Statute §§ 34.03.140(b))

 

Can landlords enter during Tenant’s extended absence?

Yes.  Tenants must provide notice if the tenant is absent for 7 days or more..  (Alaska Statute §§ 34.03.150 and Alaska Statute §§ 34.03.230(b))

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

ALASKA SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

No.

 

Do you need the landlord consent?

Yes.

 

Can the LL / lease prohibit subletting?

Yes

 

 

 

 

TENANT ABANDONED PROPERTY IN ALASKA

 

Alaska Landlord-Tenant Laws has no specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR ALASKA LEASES

 

Alaska Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

100 Year Floodplain Disclosure:  No statute. 

Disclosure of Landlord and Tenant Act:  No Statute.

Bedbug Disclosure: No Statute.

Move-In Documents: No Statute.

Owner or Agent Identity:  No statute. 

Utility Disclosure:  No statute. 

Landlord’s towing or parking rules policies:  No statute. 

Electric service interruption:  No statute. 

 

 

 

 

HELPFUL RESOURCES

Association of Alaska Housing Authorities

U.S. Department of Housing and Urban Development – Alaska

Alaska Division of Insurance

Alaska Consumer Protection Unit

Alaska Housing Finance Corporation

Alaska Real Estate Commission

 

 

 

ALASKA RELATED COURT INFO & LINKS

Alaska Small Claims Court Limits:

$10,000 is the minimum for small claims court.

Alaska Eviction Cases Allowed in Small Claims:

No.

 

Alaska Court System

Alaska District Court Information

Alaska Department of Law

Alaska Bar Association

 

 

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