An Alaska month-to-month lease agreement is a short-term rental agreement that renews automatically every month until either party gives notice to terminate the arrangement. Unlike a fixed-term lease, this type of arrangement (also known as a tenancy at will) continues indefinitely unless properly ended.
While they offer greater flexibility, a month-to-month lease remains a legally binding contract that must comply with Alaska landlord-tenant law, including required disclosures and statutory notice requirements.
Disclosures (3)
Alaska landlords are required to provide specific information to their tenants when signing a lease.
1. Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
2. Landlord name and information: Landlords must give their tenant their name and contact information, or that of the person responsible for managing the rental (AS 34.03.080(a)).
3. Extended time away: An Alaska month-to-month lease agreement requires tenants to inform their landlord when they plan on being away from the property for 7 days or longer (AS 34.03.150).
Optional Disclosures and Addenda
While not mandatory, many landlords choose to include the following disclosures and addenda in their Alaska month-to-month lease agreement.
Asbestos: Informs tenants of any known asbestos in the unit, as well as ways to limit exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the rental unit or adjacent units.
Late/returned check fees: Outlines fees associated with late or returned rent checks. In Alaska, there is no limit on what landlords can charge as a late fee. Returned check fees, however, are capped at $30 per check (AS § 09.68.115(a)).
Medical marijuana use: Explains the policy regarding the use of medical marijuana in rentals, including any limitations or restrictions.
Mold disclosure: Discloses any known or suspected mold issues in the unit and provides information on remediation.
Move-in checklist: Details the unit’s condition at move-in, including any existing issues or damage. Landlords should use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: List any non-refundable fees that landlords charge in the residential lease agreement template.
Shared utilities: If the unit shares a utility meter with any other unit or a common area, landlords must explain how they divide utility costs.
Smoking: Specifies the unit’s smoking policy, including any designated smoking areas on the property.
Additional Alaska Month-to-Month Lease Laws
Alaska’s Uniform Residential Landlord and Tenant Act oversees all parts of an Alaska month-to-month lease agreement, including:
- Notice to terminate
- Rent increases
- Lease violations and eviction
- Security deposits
- Pet deposits and rent
- Late fees
- Property access
Notice to Terminate a Month-to-Month Agreement
Landlords must follow specific rules when it’s time to terminate their Alaska month-to-month lease agreement.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a month-to-month lease (AS § 34.03.290).
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate a month-to-month lease (AS § 34.03.290).
Laws Governing Rent Increases
Alaska does not have rent control or stabilization laws, meaning landlords can increase rent as needed; however, landlords must follow certain rules. Landlords must provide their tenant at least 30 days’ written notice before increasing rent in an Alaska month-to-month lease agreement, as it is considered a change in lease terms (AS § 34.03.290(b)).
Lease Violations and Eviction
If their tenant violates part of their Alaska month-to-month lease agreement, state law outlines how landlords should respond.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 7-day Notice to Pay or Quit (AS § 34.03.220(b)).
Lease violation: For other lease violations, landlords may issue a 10-day Notice to Cure or Quit, allowing their tenant time to address and fix the issue (AS § 34.03.220).
Lease abandonment: If their tenant abandons their lease early, they often have to pay rent for the remainder of the term or until another tenant moves in (AS § 34.03.230).
Self-help evictions: In Alaska, self-help evictions are illegal and should never be attempted (AS § 34.03.210).
Rent Payment Laws
Here’s what landlords need to know about collecting rent in Alaska.
Rent control/stabilization: Rent control and stabilization do not exist in Alaska.
Late rent fees: There is no limit to what landlords can charge as a late fee in Alaska, but the fee should be reasonable, and landlords must clearly state it in the lease agreement (AS § 34.03.020 – § 34.03.360).
Grace period: In Alaska, landlords need not offer a grace period for late rent payments (AS § 34.03.020(c)).
Tenant’s right to withhold rent: If there is an issue that affects the safety or habitability of the unit that the landlord fails to address promptly, the tenant may notify the landlord in writing and withhold rent to address the problem (AS § 34.03.160(a), AS § 34.03.180(a)(1)).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit as long as the amount is reasonable and their lease agreement clearly lists the fee.
Security Deposits
Most landlords collect an up-front security deposit to help offset potential future expenses.
Maximum amount: State law does not limit the amount landlords can charge as a security deposit.
Deposit receipt: In Alaska, landlords must provide tenants with a receipt for their security deposit payment (AS § 34.03.070).
Interest payments: State law does not require landlords to pay interest on security deposits. If landlords place the deposit in a trust, however, they must collect interest on it and pay it to the tenant (12 AAC 64.210).
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 14 days of receiving a move-out notice. Otherwise, they have 30 days to return the funds (AS § 34.03.070(g)).
Deductions: If landlords deduct funds to cover unpaid rent or excessive damages, landlords must provide their tenant a list of the expenses within 14 days of move-out (AS § 34.03.070(g)).
Property Access Laws
If landlords have to enter the unit, whether for maintenance or repairs, it’s important to respect their tenant’s privacy. Here’s how to go about it:
Advance notice: For routine maintenance and repairs, landlords must provide tenants with 24 hours’ advance notice (AS § 34.03.140(c)).
Immediate access: Landlords may enter the property without notice in an emergency (AS § 34.03.140(b)).
Harassment: Entering the rental without good cause or without giving advance notice is considered a form of landlord harassment. In these cases, tenants can often terminate their lease early and pursue damages from their landlord (AS § 34.03.140(c)).
