Alaska Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Alaska's abandoned tenant property notice is the notice AS 34.03.260(a) lets a landlord give once a tenancy has ended, by lease expiration, surrender or abandonment, and the landlord reasonably believes personal property left on the premises was abandoned. It demands removal within dates set out in the notice, which cannot be less than 15 days after delivery or mailing, and states what will happen otherwise. No form is printed.

2. 2

   Two paths sit in one notice. Under (a)(1), property not removed in time may be sold at a public sale. Under (a)(2), property the landlord reasonably determines to be valueless, or of such little value that storing it and conducting a public sale would probably cost more than the sale would realize, may be destroyed or otherwise disposed of. The landlord shall indicate in the notice an election to sell certain items at public sale and to destroy or otherwise dispose of the remainder.

3. 3

   Abandonment has a defined meaning in AS 34.03.360(1): the tenant has left the dwelling unit and personal belongings in it, has been absent for a continuous period of seven days or longer without giving the absence notice under AS 34.03.150, and has defaulted in the payment of rent. All of those parts appear in the definition.

4. 4

   Storage follows the notice. Subsection (b) requires the landlord to store all the tenant's personal property in a place of safekeeping and exercise reasonable care. On the premises previously demised, the storage cost may not exceed the fair rental value of the premises; at a commercial storage company it includes the actual charge for storage and for removal from the premises to the place of storage.

5. 5

   A written answer from the tenant changes the end date. If the tenant makes a timely written response stating an intention to remove the property and does not remove it within the time in the landlord's notice or within 15 days of delivery or mailing of the response, whichever is later, subsection (c) conclusively presumes the property abandoned. A tenant who does remove it owes the cost of storage for the period of safekeeping.

6. 6

   A public sale must be conducted under AS 09.35.140, and property on which no bid is made may be disposed of. Perishable commodities may be disposed of in any manner the landlord considers fit. The section contains no rule on applying sale proceeds or on any surplus, so how money from a sale is accounted for is not addressed in AS 34.03.260.

7. 7

   Mistakes carry a defined cost. A landlord acting under the section is not liable in damages for storage, destruction or disposition, but a landlord who deliberately or negligently violates it is liable for actual damages and penal damages of an amount not to exceed actual damages. The whole section applies except as otherwise agreed, so read the rental agreement first.

Alaska Requirements for Abandoned Tenant Property Notice

• A Tenancy That Has Ended and a Reasonable Belief of Abandonment

  Record how the tenancy ended (lease expiration, surrender, or abandonment as AS 34.03.360(1) defines it) and why you reasonably believe the property left on the premises was abandoned. AS 34.03.260 applies except as otherwise agreed, so check the rental agreement too.

• The Removal Demand With a Date at Least 15 Days Out

  The notice demands removal within dates set out in it, not less than 15 days after delivery or mailing. Write a calendar date and keep proof of when and how the notice was delivered or mailed.

• The Election to Sell Some Items and Dispose of the Rest

  Under (a)(2) the landlord shall indicate in the notice an election to sell certain items at public sale and to destroy or otherwise dispose of the remainder. List each group so the tenant can see which items fall where.

• A Reasonable Value Judgment for Items to Be Destroyed

  Only property reasonably determined to be valueless, or worth so little that storing it and holding a public sale would probably cost more than the sale would realize, may go on the destroy or dispose list. Photograph and inventory it before deciding.

• A Place of Safekeeping and the Storage Cost Cap

  After notice, store all the tenant's personal property in a place of safekeeping with reasonable care. On the premises previously demised, storage cost may not exceed the fair rental value; at a commercial storage company it is the actual storage and removal charge.

• Tracking a Written Response From the Tenant

  If the tenant answers in writing that the property will be removed, the deadline becomes the later of the notice date or 15 days after delivery or mailing of that response. A tenant who removes the property owes storage for the period of safekeeping.

• A Public Sale Under AS 09.35.140

  A public sale authorized by the section must be conducted under AS 09.35.140, and property on which no bid is made may be disposed of. Perishable commodities may be disposed of in any manner the landlord considers fit.

• A Sale Record, Since the Statute Sets No Proceeds Rule

  AS 34.03.260 does not say how sale proceeds or any surplus are handled. Record the price and every cost, and consider attorney review, since a deliberate or negligent violation of the section brings actual damages plus penal damages up to the same amount.