Alaska law grants rights and responsibilities under the Uniform Residential Landlord & Tenant Act to landlords and tenants whenever a written or oral rental agreement exists, or if payment is accepted as rent. For example, landlords have the right to timely rent payments and tenants have the right to a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Alaska
In Alaska, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Alaska’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Yes |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes (except batteries) |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Alaska
Landlords must perform necessary repairs in a timely manner. In Alaska, landlords must make repairs within 10 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Alaska tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement without having to go to court. Tenants usually aren’t allowed to withhold rent, or make repairs and deduct from the rent.
Tenant Responsibilities in Alaska
Aside from paying rent on time every payment period, Alaska tenants must:
- Keep the unit in a clean, safe and habitable condition.
- Make minor repairs.
- Keep the unit and plumbing fixtures clean and sanitary.
- Use facilities and appliances in a reasonable manner.
- Not negligently or deliberately damage the unit or allow others to do so.
- Maintain all smoke and carbon monoxide devices.
- Not disturb other tenants or neighbors.
- Not change any door locks without landlords’ permission (unless it is an emergency).
Evictions in Alaska
Alaska landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent on time, then the landlord may issue a 7-Day Notice to Pay. If the tenant does not pay, then the landlord may begin eviction proceedings.
- Lease Violation: If a lease violation occurs then the landlord may issue a 10-Day Notice to Cure or Quit.
- No Lease/End of Lease: If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given. The amount of time required in the notice depends on the type of tenancy, if rent is paid on a week-to-week basis, a landlord must provide the tenant with a 14-Day Notice to Quit and month-to-month tenancies, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Failure to Pay Utilities:– If the tenant fails to pay utilities, causing them to be shut off, the tenant can be evicted after receiving a 5-Day Notice to Quit.
- Failure to Allow Landlord Access: If the tenant refuses to give the landlord reasonable access to the rental unit, they can be evicted after receiving a 10-Day Notice to Quit.
- Illegal Acts: Alaska landlords may issue a 24-Hour to 5-Day Notice to Quit if they have documentation of illegal activity on the premises.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Alaska
It’s illegal for Alaska landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Alaska
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: Typically two months’ rent, but there is no limit if the rent exceeds $2,000 per month.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords must hold security deposits in a trust account in a bank, savings and loan association, or with a licensed escrow agent.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, damage excluding normal wear and tear, and cleaning costs.
- Time Limit for Return: Depends on whether deductions are made:
- 14 days with no deductions.
- 30 days with deductions.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees.
Lease Termination in Alaska
Notice Requirements: If an Alaska tenant wishes to break a periodic lease then they must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 14 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Alaska tenants may legally break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Tenants who break a lease early may still have to pay the full amount of rent remaining on the lease term. Landlords in Alaska are obligated to facilitate re-renting a unit “quickly.”
Cost of Breaking a Lease in Alaska
If an Alaska tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Alaska
Alaska does not have rent control. However, state law does not prohibit cities and towns from creating their own rent control laws.
Because Alaska does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give at least 30 days’ notice before increasing the rent on a month-to-month tenant. However, the notice requirement is 14 days if the tenancy is week-to-week.
Housing Discrimination in Alaska
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, sex, national origin, religion, familial status, or disability. These rules do not apply to homes operated by religious organizations or to some owner-occupied homes. State law in Alaska extends protections to renters on the basis of pregnancy and marital status.
Discriminatory Acts & Penalties: The Alaska Commission for Human Rights handles cases related to housing discrimination in the state. The following behaviors may be interpreted as discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Offering different terms, conditions, or privileges.
- Advertising that implies a preference for one group over others.
- Applying different rules to tenants than others.
The state does not outline specific punishments but if you are the victim of housing discrimination you can report it to the Alaska Human Rights Commission’s website.
Additional Landlord Tenant Regulations in Alaska
In addition to having laws that address general issues like repairs and security deposits, most states, including Alaska, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Alaska
Alaska landlords have the right to enter rental property for maintenance, inspections, and property showings. Before entering, they must provide at least 24 hours of advance notice, unless there’s an emergency. A tenant can get an injunction against the landlord, or cancel the lease, when the landlord makes an unlawful entry.
Rent Collection & Fees in Alaska
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: Late fees must not exceed a reasonable estimate of the actual cost to the landlord.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Alaska
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. The process takes approximately two to four months.
Mandatory Disclosures in Alaska
Alaska landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about the concentrations of lead paint used in the building.
- Landlord’s Name & Address: Landlords must disclose their contact information.
- Tenant Occupancy: Landlords must disclose that if the tenant is absent from the unit for more than seven days, that notice must be given to the landlord.
- Withholding Security Deposits: A landlord must disclose that they have the option to withhold the security deposit for specific reasons listed in the lease agreement.
Changing the Locks in Alaska
Alaska tenants can only change the locks with the landlord’s written permission, unless the landlord can’t be reached in an emergency situation. If there’s an emergency lock change, tenants must notify the landlord and provide copies of the new keys within five days. Landlords can’t unilaterally change locks on tenants, as this is considered a form of illegal “self help” eviction.
Local Laws in Alaska
Many cities in Alaska have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Anchorage Landlord Tenant Rights
Anchorage provides extra landlord-tenant regulations that go above those mandated by the state. It is illegal to refuse to rent to a tenant because of their age. More details on these provisions can be found here.
