Sample Alaska Rental Lease Agreement
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
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?
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?
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?
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?
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?
Is entry notice needed for maintenance and non-emergency repairs?
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?
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
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.
AK Rental Lease Agreement
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