Free Alaska Rental Lease Agreement


Sample Alaska Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Alaska, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Alaska, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Alaska.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Alaska (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Alaska, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Alaska, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Alaska, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Alaska Rental Lease Agreement

Alaska’s beauty and the picturesque mountains draw you in from the moment you step into the countryside. And, soon after a tour of Alaska, we come across many people looking for rental apartments for lease. If you are one of these individuals, we’d like you to know the following about Alaska rental lease agreement before we give you our free rental agreement form.

Let’s dig in:

What constitutes the Alaska Landlord-Tenant laws?

  • The Official Rules and Regulations guiding your lease agreement in Alaska include:

    • Alaska Stat. 34.03.010 – 34.03.360 – Uniform Residential Landlord Tenant Act

    • Alaska Stat. 09.10.010 – Limitations of Actions

    • Alaska Landlord and Tenant Act (PDF) – Alaska Court System

    • The Alaska Landlord & Tenant Act: What It Means to You – Alaska Department of Law

Security Deposits

What is the maximum security deposit?

In the Alaska rental lease agreement, the maximum security deposit plus the prepaid rent may not be more than two month’s rent except for the units where the rent is above $2,000.

Is there a security deposit interest?

You will have to promptly deposit the security deposit as well as the prepaid rent in a trust account in a bank, a licensed escrow agent or a savings and a loan association.

According to the statutes, the trust account may or may not earn interest. If the account earns interest, as the tenant, you are entitled to the interest under the trust law principles, unless you and the landlord agree otherwise.

Should landlords have separate security deposit bank accounts?

The statutes allow the landlord to commingle the prepaid rents and the security deposits into one single financial account. However, it is not recommended for the landlord to commingle the rent and the security deposits in their personal accounts/ or with their personal funds.

Are there pet deposits?

There is no statute on pet deposits

Are there statutes for non-refundable fees?

No.

What is the deadline for returning the security deposit?

If you or the landlord provide a proper notice that complies with the section 34.02.290 of the Alaskan Uniform Residential Landlord Tenant Act, the landlord will be compelled by the statutes to mail the written notice of refund and withholdings in 14 days.

In case the tenant fails to provide a notice of compliance, the landlord will have 30 days to mail the notice plus the refund.

What are the permitted uses of the deposit?

The Alaskan landlord-tenant laws permit the use of the security to cover rent owed or damaged suffered by the landlord due to the tenant’s non-compliance with the stated statutory tenant obligations.

Is the landlord required to prepare a written description or an itemized list of charges and damages?

The statutes require that an itemized list of charges and damages is prepared for accrued rent, as well as damages, all of which must be itemized by the landlord in a written notice. The notice is mailed to the tenant’s last-known address.

There are no statutes for record keeping of the deposit withholdings or the receipt of deposits.

What happens if the landlord fails to comply?

If the landlord doesn’t comply with the rules for depositing the refund and the withholding, you may recover an amount not exceeding twice the withheld amount.

Lease, Rent, and Fees

The rental lease agreement in Alaska stipulates when rent is due

In case of month-to-month tenancies, your landlord must give you at least 30-days’ notice before the rent increase notice takes effect.

The statutes don’t stipulate the rules governing the rent’s grace period.

Are there late fees?

If you are late making payments, there are no automatic late fees legally enforceable, unless you agreed on the matter beforehand.

Prepaid rent: you can make a prepayment for rent and the security deposit but the prepaid amount shouldn’t exceed the value of two month’s rent unless the rent is more than $2,000 monthly.

Do returned check fees apply?

There is no automatic charge applied tor checks returned because of insufficient funds unless agreed on beforehand.

Is the tenant allowed to withhold rent if the landlord fails to offer essential services like water and heating?

Yes. As soon as you give the landlord a written notice with the specifics on the breach, you may procure reasonable amounts of running water, hot water, sanitary facilities heat, and other essential services during the duration of the landlord’s non-compliance. You can then deduct the associated costs from the rent.

However, this doesn’t apply if the condition resulted from the tenant’s actions.

Is the tenant allowed to repair and make deductions from the rent?

Yes.

Can the tenant recover legal (court and attorney) fees?

The law stipulates that attorney fees are allowed to a prevailing party in any proceeding that arises from the rental agreement or the state’s Uniform Residential Landlord and Tenant Act.

Is the landlord obligated in matters around mitigating damaged to the lessee and attempts to re-rent?

Yes. And, the aggrieved party as a duty to mitigate any damages. At the same time, if a tenant abandons the dwelling, the landlord is obligated to make reasonable efforts to rent the property at a fair rental value.

Are there abandonment and early termination fees?

No. While abandonment or early termination is defined in the statute, upon termination of a rental agreement, the landlord can claim for the possession as well as rent. The landlord also makes a separate claim for actual damages which are in breach of the rental lease agreement.

Notices and Entry

Should you give the notice to terminate tenancy/ is there a fixed end date for a lease?

No.

Do you need to give a notice to terminate a week-to-week lease?

Yes, you need to give a 14-day written notice

Do you need to give a notice to terminate a month-to-month lease?

Yes, you need to give a 30-day notice in writing prior to the rent’s due date.

Is termination of tenancy with a 24-hour notice enforceable?

In case the tenant or someone under the tenant’s control inflicts substantial damage to the property valued over $400, the landlord can deliver a written notice to quit. The notice specifies that the rental agreement will terminate on a specific date, less than 24hours after the notice is served.

Is nonpayment of utilities a ground for termination of tenancy?

In the Alaska lease contract, it states that if the public utility providing natural gas, electricity, or water to the premises discontinues services to the tenant because of nonpayment, the tenant gets a five-day notice. After receiving the notice, a tenant gets three days to remedy reinstatement of the services, and also pas the landlord for the amounts accrued to reinstate the services.

However, if there is a repeat of the breach within six months after the previous breach, the tenant gets a three-day notice.

Is a notice of date/ time of move-out inspection necessary?

No.

How long is a notice of termination for nonpayment?

Seven days’ notice

  • What grounds constitute termination for lease violation?

    • Noncompliance with the rental agreement or the statutory tenant duties

    • Deliberate damage to the premises

The landlord has the right to give written notice the quit. In the notice, the landlord must specify the breach and the fact that the rental agreement terminated in at least 10 days after serving the notice.

When a breach isn’t remedied, the rental agreement terminates as provided in the notice. The agreement isn’t terminated if the breach is remedied.

What is the duration of notice before entry?

24 hours, and also, the entry is only permitted at reasonable times.

Is entry allowed with notice for showings?

Yes.

Is entry notice needed for maintenance and non-emergency repairs?

Yes.

Is a tenant allowed entry following extended absence?

Yes, although the rental lease agreement requires that the tenant notifies the landlord of an anticipated absence, longer than 7 days.

Are there statutes governing the use of pesticides by tenants?

No.

Are lockouts allowed?

No. If a landlord locks a tenant out, the tenant may recover their possessions or terminate the rental agreement. In either case, a tenant recovers up to 1.5 times the actual damages.

Is utility shut off required?

No. A tenant may recover their possessions or terminate the rental lease agreement.

Disclosure and miscellaneous rules

These are covered under the Alaska Stat. 34.03.010 – 34.03.360 – Uniform Residential Landlord Tenant Act

  • Court cases

    • The Alaska small claims court has a limit of $10,000. And, eviction cases are not allowed in Small Claims.

    • The statute limitations for lease contracts are as follows:

      • Written contracts – 3 years

      • Real property damage –6 years

      • Oral contracts – 3 years

    • Court cases are handled by

      • Alaska Court System

      • Alaska District Court Information

      • Alaska Attorney General

      • Alaska Bar Association

    • You can also get help from the legal aid.

Are business licenses required?

No. however, local and county authorities may have regulations and requirements governing the need for business licenses.

If you are satisfied with the Alaskan rental laws, feel free to get a free rental lease agreement form from us today.

Sample

AK Rental Lease Agreement

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