The Alaska residential lease agreement (“rental agreement”) is a legally binding document between a property owner (“landlord”) and occupant (“tenant”) to lease real property in exchange for a fee. The contract ensures that the tenant will pay a monthly fee in exchange for access to a livable property.
Alaska Lease Agreement Disclosures
The disclosures below are required for some or all residential lease agreements in Alaska.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Tenant Occupancy/Absence | All Units |
| Withholding Security Deposits | All Units |
| Lead-Based Paint | Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Alaska.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords, owners, or authorized individuals who manage the property should provide their name and address within or alongside the lease.
This information is provided in the rental agreement and shall be in writing at or before the commencement of tenancy.
Tenant Occupancy/Absence Disclosure
Applicable to all rental units in Alaska.
Alaska requires that lease agreements include a disclosure of tenant occupancy terms. The disclosure requires a tenant to provide notice to the landlord of any absence of seven days or more, for the safety and condition of the dwelling.
Download: Alaska Tenant Occupancy Disclosure Form (PDF)
Withholding Security Deposits
Applicable to all rental units in Alaska.
A landlord must notify the tenant that they have the option to withhold the security deposit for specific reasons listed in the lease agreement. If the tenant creates substantial damage the landlord can keep the security deposit to pay for the tenant’s noncompliance with the lease.
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Alaska to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protections Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Alaska Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are optional by Alaska law. These disclosures may help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | Asbestos was a common building material for rental units built prior to 1981. This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Alaska there are no limits on late fees and a $30 limit on bounced checks. |
| Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Move-in Checklist | A move-in checklist holds the tenant accountable for future damages that they may cause. |
| Non-Refundable Fees | A non-refundable charge should be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local laws on which disclosures are required to provide to your tenant.
Sources
- 1 AK Stat § 34.03.080(a) (2019)
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(a) The landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of
(1) the person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
- 2 AK Stat § 34.03.150
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Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement shall require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of seven days; however, the notice shall be given as soon as reasonably possible after the tenant knows the absence will exceed seven days.
- 3 AK Stat § 34.03.0709)
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(b) Upon termination of the tenancy, property or money held by the landlord as prepaid rent or as a security deposit may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with AS 34.03.120. The accrued rent and damages must be itemized by the landlord in a written notice mailed to the tenant’s last known address within the time limit prescribed by (g) of this section, together with the amount due the tenant. In this subsection, “damages”
(1) means deterioration of the premises and, if applicable, of the contents of the premises;(2) does not include deterioration
(A) that is the result of normal wear and tear;(B) caused by the landlord’s failure to prepare for expected conditions or by the landlord’s failure to comply with an obligation of the landlord imposed by this chapter.
