An Alaska lease agreement establishes the rules and details of a rental relationship, outlining important lease terms such as rent, deposits, and landlord–tenant responsibilities. In Alaska, these agreements also create a legal framework that protects both parties by spelling out rights and obligations from the start.
Disclosures (3)
Before moving in, landlords must give tenants specific disclosures that go beyond the basic lease terms. These disclosures highlight essential safety issues, identify who manages the property, and clarify expectations during the rental period. Landlords who provide them upfront not only comply with state and federal law but also build a foundation of trust with their tenants.
- Lead-based paint: Federal law requires all landlords to disclose any information about lead-based paint and its hazards to tenants in homes built before 1978.
- Landlord name and information: Landlords must include their name and contact information along with the Alaska lease agreement (AS § 34.03.080(a)).
- Extended time away: Tenants who plan to be away from the rental property for more than 7 days must inform their landlords (AS § 34.03.150).
Optional Disclosures and Addenda
Beyond the required disclosures, Alaska landlords should consider adding these optional disclosures. Including these disclosures adds an additional layer of protection for the landlord while also informing tenants of important information regarding their health and safety.
Asbestos: Informs tenants of any asbestos-related hazards on the property. Tenants can reduce their risk by avoiding asbestos fibers.
Bed bugs: Keeps tenants aware of any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Outlines late or returned check fees with regard to rent payments. In Alaska, there are no limits on what landlords can charge as late fees. Returned check fees are capped at $30 per check (AS § 09.68.115(a)).
Medical marijuana use: Details the policy regarding the use of medical marijuana on the property, including any limitations or restrictions.
Mold disclosure: Alerts tenants to any known or suspected mold issues in the unit and provides information on remediation.
Move-in checklist: Inventories the condition of the unit at move-in, including any existing damages. Landlords use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Defines any non-refundable fees in the lease agreement.
Shared utilities arrangement: Details how landlords will divide charges among tenants if any units share a utility meter.
Smoking: Specifies the smoking policy in the unit, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures go beyond routine lease details. They provide essential information that protects a tenant’s health and safety. Landlords who fail to include required federal or state disclosures risk severe consequences, including tenant disputes, civil actions, and costly financial penalties.
Security Deposit Regulations in Alaska
Alaska laws set specific requirements surrounding security deposit regulations, from how much landlords can charge to when they have to return the deposit. Clear lease terms help ensure that tenants know what to expect and that landlords remain compliant with state laws.
Maximum amount: Landlords may charge up to the equivalent of 2 months’ rent, assuming the monthly rental amount is $2,000 or less (AS § 34.03.070(a)).
Deposit receipt: Alaska landlords must provide their tenants with a written receipt for their security deposit payment (AS § 34.03.070).
Interest payments: Landlords are not required to collect interest on security deposit funds in Alaska; however, if they put the deposit into a trust, they must collect the interest and give it to the tenant (12 AAC § 64.210).
Security deposit return: Landlords must return the tenant’s security deposit funds, minus any deductions, within 14 days if the tenant provided a move-out notice, or 30 days if they did not (AS § 34.03.070(g)).
Deductions: If a landlord withholds any deductions, they should provide tenants with an itemized list of the expenses within 14 days of the tenant moving out. Otherwise, the landlord has 30 days to return the deductions (AS § 34.03.070(g)).
Rent Payment Regulations
A clear rent payment policy sits at the heart of every strong Alaska lease agreement. By defining how, when, and where tenants pay rent, landlords create a transparent process that reduces confusion and helps prevent disputes.
Rent control/stabilization: Rent control and stabilization do not exist in Alaska.
Late rent fees: State law does not limit the late fees that landlords may charge for late rent, but the fees must be reasonable, clearly outlined, and agreed to in the Alaska lease agreement (AS § 34.03.020 – 34.03.360).
Grace period: Alaska landlords are not required to provide a grace period for late rent payments (AS § 34.03.020(c)).
Tenant’s right to withhold rent: If issues in the unit affect the tenant’s health or safety and the landlord does not address the issue quickly, the tenant may notify the landlord in writing that the lease will end in 20 days if the landlord does not resolve the issue within 10 days. Additionally, the tenant may choose to withhold rent to address the issue on their own, as long as they give proper written notice (AS § 34.03.160(a), AS § 34.03.180(a)(1)).
Violations
If a tenant violates their lease terms, such as failing to pay rent on time or damaging the unit, Alaska law allows tenants to issue notices and, if necessary, begin the eviction process. Clearly outlining violations in the Alaska lease agreement helps to avoid any confusion.
Lease violation: Alaska landlords may send a Notice to Quit for lease violations, with the duration of the notice determined by the severity of the breach. For most material violations, 10 days are given, with the lease terminating if the issue is not remedied in that time (AS § 34.03.220).
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 7-day Notice to Pay or Quit (AS § 34.03.220(b)).
Lease abandonment: If a tenant abandons their lease early, they may still be financially responsible for the remainder of the lease, or until the landlord can find a new tenant (AS § 34.03.230).
Self-help evictions: Self-help evictions are illegal in Alaska and landlords should avoid them at all costs (AS § 34.03.210).
Terminating a Lease
Landlords and tenants alike must follow specific rules when it comes to terminating an Alaska lease agreement. Outlining the lease termination process helps to avoid misunderstandings and confusion.
Standard lease: Tenants are allowed to terminate their Alaska lease agreement early if they meet certain conditions, such as active duty military service, landlord harassment, or unsafe living conditions (AS § 34.03.160(a)).
Month-to-month: Either a landlord or a tenant may terminate a month-to-month agreement with 30 days’ written notice to the other party (AS § 34.03.290(b)).
Property abandonment: If a tenant leaves behind any property after they move out, the landlord must give written notice that the tenant has 15 days to retrieve their items. At this point, if the tenant does not claim their belongings, the landlord may dispose of or sell the items (AS § 34.03.260(a)(1)).
Renewing a Lease
Renewing a lease can be an excellent opportunity to hold on to quality tenants or update terms, as necessary. But do landlords have to renew their tenant’s lease? Here’s what you need to know.
Notice requirements: Landlords and tenants must give 30 days’ written notice to the other party if they do not intend to renew a month-to-month lease (AS § 34.03.290(b)).
Renewals: Alaska landlords are not required to renew a tenant’s lease at the end of its term.
Landlord’s Access to Property
Landlords sometimes need to enter a rental unit, whether to handle an emergency, make repairs, or perform routine maintenance. Alaska law sets clear rules for when entry is allowed and how much notice landlords must give. Following these requirements keeps the property safe and ensures tenants maintain their right to privacy.
Immediate access: Alaska landlords may enter a property without giving notice in the event of an emergency, court order, or property abandonment (AS § 34.03.140(b)).
Notice requirements: Alaska landlords must give 24 hours’ notice before entering a property for routine maintenance (AS § 34.03.140(c)).
Harassment: Failure to follow these guidelines may result in landlord harassment charges. In these cases, tenants may be allowed to terminate their lease early without penalty (AS § 34.03.140(c)).
