Alaska Residential Lease Agreement

Introduction

Key Things to Know

1. 1

   A residential lease agreement is a contract setting the rent, term, deposit, and responsibilities of a landlord (lessor) and tenant (lessee) renting a home, and how the tenancy ends. In Alaska it is governed by the Uniform Residential Landlord and Tenant Act, AS 34.03.010 through 34.03.380 (the URLTA).

2. 2

   Security deposits plus prepaid rent are capped at 2 months' rent. This cap does not apply to units renting for more than $2,000 per month. A landlord may also require a separate pet deposit of up to one more month's rent for pets other than service animals (AS 34.03.070).

3. 3

   Deposit return runs 14 or 30 days. If the tenant gave proper move-out notice and the landlord deducts nothing for damage, the landlord must send a written, itemized statement and any refund within 14 days of move-out. That window extends to 30 days if the landlord deducts for damage beyond normal wear and tear, or if the tenant did not give proper notice. Willfully withholding a deposit can expose the landlord to up to twice the amount wrongfully kept.

4. 4

   Two disclosures matter most. The landlord must disclose in writing the identity of any property manager, or the manager can be held liable as though they were the landlord (AS 34.03.080; AS 34.03.130). For a rental unit built before 1978, the federal lead-based paint disclosure also applies.

5. 5

   Entry generally requires 24 hours' notice. AS 34.03.140 requires the landlord to give the tenant 24 hours' notice, state the time of entry, and try to pick a mutually convenient time, and to enter only at reasonable times. No advance notice is required in an emergency, when it is not reasonably possible to give 24 hours' notice, or when the tenant has been absent more than seven days without notice.

6. 6

   Late fees have no statutory cap or grace period. The Act does not address late charges or NSF fees directly. A small flat late fee or NSF fee that reasonably approximates the landlord's actual costs may be enforceable, but only if the rental agreement states it beforehand; no automatic late charge is enforceable otherwise.

7. 7

   Ending or raising a month-to-month tenancy takes 30 days' notice, and there is no statewide rent control. Either party must give at least 30 days' written notice before the rental due date used as the termination date (AS 34.03.290(b); 14 days for a week-to-week tenancy). Without a lease, a landlord may raise the rent by any amount but must still give at least 30 days' notice before a month-to-month increase takes effect.

Alaska Requirements for Residential Lease Agreement

• Security Deposit Cap of Two Months' Rent

  Except for units renting above $2,000 per month, security deposits and prepaid rent combined cannot exceed two months' rent. A landlord may also require a separate pet deposit of up to one more month's rent for pets other than service animals (AS 34.03.070).

• Hold the Deposit in a Separate Trust Account

  Deposits and prepaid rent must be deposited in a trust account in a bank, savings and loan, or with a licensed escrow agent, kept separate from the landlord's own funds, with each tenant's funds accounted for separately (AS 34.03.070(c)).

• Itemized Deposit Return Within 14 or 30 Days

  If the tenant gave proper notice of moving out and no damage is deducted, the landlord must send a written, itemized statement of deductions and any refund within 14 days of move-out. The deadline is 30 days if the landlord deducts for damage beyond normal wear and tear, or if the tenant failed to give proper notice. Willful noncompliance can expose the landlord to up to twice the amount wrongfully withheld.

• Disclose the Property Manager's Identity

  The landlord must disclose in writing the identity of any property manager for the premises. If this is not disclosed, the property manager may be held liable as though they were the landlord (AS 34.03.080; AS 34.03.130).

• Provide the Federal Lead-Based Paint Disclosure

  For a rental unit built before 1978, the landlord must provide the federal lead-based paint disclosure required by 42 U.S.C. Section 4852d and 40 C.F.R. Part 745.

• Give 24 Hours' Notice Before Entry

  Except in an emergency, when it is not reasonably possible to give 24 hours' notice, or when the tenant has been absent more than seven days without notice, the landlord must give the tenant 24 hours' notice, state the time of entry, try to pick a mutually convenient time, and enter only at reasonable times (AS 34.03.140).

• Late Fees Have No Statutory Cap but Must Be Agreed in Writing

  Alaska's Landlord and Tenant Act does not address late charges or NSF fees directly. A small flat late fee or NSF fee that reasonably approximates the landlord's actual costs may be enforceable, but only if the written rental agreement states it beforehand; no automatic late charge is enforceable otherwise.

• Termination and Rent-Increase Notice, No Statewide Rent Control

  Either party may end a month-to-month tenancy with at least 30 days' written notice before the rental due date stated as the termination date, or a week-to-week tenancy with at least 14 days' notice (AS 34.03.290). Alaska has no statewide rent control or just-cause requirement; without a lease, a landlord may raise rent by any amount but must give at least 30 days' notice before a month-to-month increase takes effect.