Alaska Residential Lease Agreement

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 following disclosures are either required for some or all residential lease agreements in Alaska.

Landlord’s Name & Address

Applicable to all rental units in Alaska.

Landlords, owners, or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Generally, this information is provided in the rental agreement and shall be provided to the tenant in writing at or before the commencement of the tenancy. [1]

Tenant Occupancy Disclosure

Applicable to all rental units in Alaska.

Alaska requires that lease agreements include a disclosure of tenant occupancy terms, which includes requiring notice to the landlord of any absence of seven days or more, for the safety and condition of the dwelling. The notice should be given to the landlord as soon as reasonable.

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. For example, if the tenant creates substantial damage (that is not considered normal wear and tear) to the property, the landlord may 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 following lease agreement disclosures and addendums are not required by Alaska law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.

• Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Alaska law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke to not interfere with other tenants’ peaceful enjoyment of the premises.
• Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
• Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Alaska does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
• Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
• Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
• Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings or walls deteriorate.
• Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.