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Read further to learn more about the residential lease termination process in Alaska and how many days notice are required in which situations.
What is a Lease Termination Notice?
A residential lease termination notice is delivered to a tenant when a landlord requests to end the lease agreement. The ultimate goal of this notice is to have the tenant move out of the property within the specific time frame indicated by Alaska law.
In the state of Alaska, in order to terminate a lease that is on a weekly or monthly basis, the landlord must give advance notice to the tenant. Alaska state law says that periodic leases may be terminated at any time, as long as proper notice is given of termination of the lease. For a week to week lease, the landlord must provide a 14-day notice—14 days from the next rent due date. For a month to month lease, the landlord must provide a 30-day notice of termination. It is important to note that should the tenant fail to vacate the property within the given timeframe, legal repercussions may be taken. These terminations are covered under the tenant-landlord agreement laws put in place by the state of Alaska. Other forms of termination require a notice to vacate which must be delivered following the notice to quit guidelines.
How To Create a Lease Termination Notice
Typically, a lease termination notice for a week-to-week or month-to-month lease is relatively simple. There are a few key points that need to be covered in order to ensure that the notice is properly given, as well as information that should be included to ensure the tenant understands the expectations and repercussions of failure to vacate by the termination date.
The first section of the lease termination notice should include the information necessary to determine who the notice is being delivered to. Often, it will have the name of the tenant or tenants who are occupying the property, with a note saying “all other occupants” to accommodate for any individuals living on the property who may not be on the lease. Furthermore, this section will often include the address for which the lease is being terminated.
Notification of Termination
In this section, the tenant is informed of the termination of the lease. Many landlords include the initial lease information here, beginning with the date that the initial lease was signed. Furthermore, it will detail the notice that the lease is being terminated. It will provide the date of the next rent due date, and advise the tenants that effective 30 days after this date, the lease will be terminated and the tenants required to vacate the property by this date.
Some landlords may feel the need to address the property title here – for instance, in the case of a month to month rental apartment, they may notate that the tenants are required to leave the property known as “the property name” for legality reasons.
Moreover, the landlord should provide the tenant with a disclosure in this section stating that the exact date that the tenant or tenants are required to have successfully vacated the property. It is important to notate in this section that the date is at least 30 days after the next due date for rent, which, in many cases, the landlord should notate for legality purposes.
Failure to Comply
Here, the landlord should provide the tenant or tenants with information in regards to repercussions that may come from failing to comply with the lease termination notice and vacate the property by the termination date. Should the tenants fail to vacate the unit by the termination date, the landlord is entitled to legal proceedings and may seek city or state assistance in the repossession of the property in a timely manner.
It is important to note here that should the landlord fail to provide sufficient notice of termination, the tenant may be entitled to extend their stay until at least 30 days after the next rental payment due date. Moreover, the landlord will be required to return any security deposits to the tenant that are due within the required amount of time, as dictated by Alaska state law.
Certification of Delivery
This section is one of the most important sections, as it certifies the date that the document is to be delivered and how it was delivered. It is important to notate this, as should the tenant fail to vacate and claim they never received the notice, the landlord has proof that the notice was provided to the tenant on a specific date. Here, the landlord provides the information detailing the attempted time and delivery of the document – in most cases, this is filled out in advance and should be saved on the copy the landlord makes off the document for recordkeeping purposes.
It is important, as well, to note the delivery method – whether it was handed to a resident personally, or left posted in an obvious place where the resident would see it (typically, this means affixed to the resident’s door.) This provides the proof of method of delivery, which can be used in court to prove that notice was correctly given to the tenant for their notice of termination of a lease.
Moreover, it is important that this section is signed by the individual who will be delivering the notice – in most cases, that is the landlord or property manager. This way, the individual who delivers the notice can be held responsible and questioned, should the need arise.
Occasionally, a landlord may feel the need to include additional information on their notice of termination, such as the cause of termination – for instance, if the tenant was to fail to comply with a section of the agreed-upon lease. Other optional information includes contact information or information in regards to the finalization of the termination of the lease – for instance, the landlord may choose to include that the tenant must turn in keys by the date on the lease, or otherwise notify the landlord of their exact moveout date 15 days prior to the date so that the landlord may begin looking for other residencies.
All of these are options that may be included but are not vital to the notification of termination of the lease.