How Long Can a Residential Lease Be in Alaska?

Depending on circumstances, in Alaska it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in Alaska?

Yes, a contract to lease is legally binding in Alaska. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Alaska?

No, lease agreements do not need to be notarized in Alaska. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Alaska?

Yes, a lease can automatically renew in Alaska. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Alaska Residential Lease Agreement

An Alaska residential lease agreement (“rental agreement”) (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

Alaska Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Alaska:

Disclosure	Applicable To
Landlord’s Name and Address	All Units
Tenant Occupancy/Absence	All Units
Withholding Security Deposits	All Units
Lead-Based Paint	Units Built Before 1978

Landlord’s Name and Address

Applicable to all Alaska rentals.

Alaska leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way.

Contact information is most often written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.

Tenant Occupancy/Absence Disclosure

Applicable to all Alaska rental units.

Alaska leases must include a disclosure of tenant occupancy rules. This is a reminder that the tenant must give notice when going away for longer than seven days. The reminder must also state that rental property may only be occupied as a dwelling.

Download: Alaska Tenant Occupancy Disclosure Form (PDF)

Withholding Security Deposits

Applicable to all Alaska rentals.

Alaska landlords have the right to withhold some or all of a security deposit for specific lease violations. A lease must provide notice of this right to the tenant.

Lead-Based Paint Disclosure

Applicable to any Alaska rentals built before 1978.

Alaska residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Fill out and attach this lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of 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 and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Alaska law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers.
Bed Bugs	Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees	Specifies late fees or returned check fees related to the lease. Alaska has no cap on late fees and a $30 per check cap for returned check fees.
Medical Marijuana Use	Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure	Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability.
Move-In Checklist	Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Alaska landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking	Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

Sources

1 Alaska Stat. § 34.03.080(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.
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2 Alaska Stat. § 34.03.150: 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.
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3 Alaska Stat. § 34.03.070(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.
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4 Alaska Stat. § 09.68.115(a): In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if

(1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and

(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.
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