Alaska Residential Lease Agreement
If you rent your property to someone in Alaska, you’ll want a rock-solid Alaska lease agreement. The agreement, also called a rental contract, covers several pieces of information, including but not limited to:
- Tenant and landlord names
- Lease start and end dates
- Total amount rent amount due each month
- Security deposits
- Late fees
After the person renting out the property and the tenant signs the rental agreement, it becomes a legally binding document that clarifies both parties’ many rights and duties throughout the tenancy.
It pays to understand these intricate laws, and we’ll briefly discuss how they apply to your lease agreement now.
Alaska Lease Agreement
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Alaska Landlord-Tenant Law
With landlord-tenant laws different in every state, landlords and tenants must know the applicable Alaska landlord-tenant laws. Educating oneself on the legal guidelines regarding grace periods and late fees can provide clarity when creating a lease and ensure the lease is legally enforceable.
While the state is considered landlord-friendly, tenants also have various protections that landlords must incorporate into the rental agreement.
While creating a lease agreement can be a headache, TurboTenant makes it easier. Utilize our Alaska lease agreement template to create a lease that abides by all local, state, and federal laws and regulations, saving you time and stress.
Required Landlord Disclosures (3)
Alaska law requires landlords to give tenants three disclosures when signing a lease agreement.
These include:
- Lead Paint: Property owners must notify tenants about the presence of any lead-based paint or lead-based paint hazards on properties built before 1978, regardless of the state.
- Landlord Name and Information: The tenant shall be provided with the landlord and/or property owner’s information for legal and logistics purposes (AS 34.03.080(a)).
- Extended Time Away: Rental contracts in Alaska require tenants who plan on being away from the property for 7 days or more to inform the landlord (AS 34.03.150).
Security Deposit Regulations
Maximum Security Deposit Amount: If rent is $2,000 or less, the security deposit must be less than two months’ rent (AS 34.03.070(a)).
Receipt of Deposit: Landlords must give tenants a receipt for a security deposit to cover items beyond normal wear and tear (AS 34.03.070).
Deposit of Funds: Landlords must place security deposit funds in a trust account, bank, or savings and loan association. A licensed escrow agent can also hold it. Landlords must disclose the banking name and location to the tenant (AS 34.03.070).
Interest: Landlords do not have to collect interest on security deposits. However, if a real estate provider puts the deposit into a trust, they must collect the interest and give it to the tenant (12 AAC 64.210).
Deduction Tracking: Landlords should provide tenants with a list of any expenses within 14 days of the tenant’s final day living at the property. Otherwise, the landlord has 30 days to furnish the deductions (AS 34.03.070(g)).
Returning a Tenant’s Security Deposit: Landlords have 14 days to return a security deposit after receiving a move-out notice or 30 days without one (AS 34.03.070(g)).
Landlord’s Access to Property
Advance Notice: Landlords must provide 24 hours’ notice to enter a property (AS 34.03.140(c)).
Immediate Access: Alaska landlords can enter anytime due to an emergency, court order, or property abandonment (AS 34.03.140(b)).
Landlord Harassment: Even though landlords can enter at will during a qualifying emergency, they are not permitted to harass tenants. By consistently entering the property without notice or not coming by during regular hours, landlords could be engaging in harassment. Continued harassment may allow tenants to move out before the end of the lease (AS 34.03.140(c)).
Rent Payment Laws
Grace Period: Alaska has no grace period for rent payments (AS 34.03.020(c)).
Late Rent Fees: There are no laws surrounding late fees for rent payments in Alaska, so a landlord can set a reasonable late fee as they deem appropriate, as long as it is outlined in the rental contract (AS 34.03.020 – 34.03.360).
Tenant’s Right to Withhold Rent: If a habitability issue affects the tenant’s health and safety and the landlord fails to address it promptly, the tenant can notify the landlord in writing. In this notice, the tenant should specify that the lease will end at least 20 days later if the issue is not resolved within 10 days. Additionally, the tenant may withhold rent to address the problems, provided they give appropriate notice (AS 34.03.160(a), AS 34.03.180(a)(1)).
Breach of Rental Agreement
Missed Rent Payment: If rent is past due, the landlord can issue a 7-day notice to quit or pay (AS 34.03.220(b)).
Lease Violation: Alaska landlords can send a notice to quit for lease violations, with the amount of notice required varying based on the violation. Ten days are needed for material breaches. The lease will end if the issue is not remedied within that time frame (AS 34.03.220).
Self-Help Evictions: Self-help evictions are not permissible in Alaska (AS 34.03.210).
Lease Abandonment: Alaska tenants may have to pay rent during the remaining lease term until the landlord has found someone else to move in (AS 34.03.230).
Ending a Lease
Month-to-Month: An Alaska landlord or tenant must give the other party 30 days’ notice to terminate a month-to-month lease (AS 34.03.290(b)).
Fixed-Term: Alaska tenants can break a fixed-term lease ahead of schedule if they relocate due to military service. They can also break the lease if they’re a victim of landlord harassment, unsafe living conditions, or other reasons (AS 34.03.160(a)).
Property Abandonment: When a tenant moves out without personal property, the landlord must notify the tenants that they have 15 days to collect the property, or it will be disposed of or sold (AS 34.03.260(a)(1)).
Renewing a Lease
Required Renewals: Alaska landlords are not required to let tenants renew their leases.
Required Notice: In month-to-month rental agreements in Alaska, landlords and tenants must give 30 days’ notice if they choose not to renew a lease (AS 34.03.290(b)).
Rent Control & Stabilization
Rent control and stabilization do not exist in Alaska.
Alaska Lease Agreement FAQ
Does a landlord have to provide a copy of the lease in Alaska?
Yes, Alaska landlords must provide a copy of the lease (AS 34.03.030).
What is the grace period for rent in Alaska?
Alaska has no grace period for rent (AS 34.03.020(c)).
Can a landlord refuse to renew a lease in Alaska?
Yes. However, landlords must provide 30 days’ notice (AS 34.03.290(b)).
Does an Alaska lease need to be notarized?
It is not necessary to notarize a lease in Alaska.
Can you withhold rent for repairs in Alaska?
In Alaska, tenants can withhold rent for repairs in some instances (AS 34.03.160(a), AS 34.03.180(a)(1)).