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Alaska Residential Lease Agreement

Alaska caps deposits plus prepaid rent at 2 months' rent, with a 14-day itemized return. Free Alaska lease agreement template. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that sets the rent, term, security deposit, and each party's responsibilities for renting a home, and spells out how the tenancy ends. In Alaska the contract is governed by the Uniform Residential Landlord and Tenant Act, AS 34.03.010 through 34.03.380 (the URLTA). Except for units renting for more than $2,000 per month, a landlord may not collect security deposits and prepaid rent totaling more than two months' rent, and may charge up to one more month's rent as a separate pet deposit for pets other than service animals. Deposits and prepaid rent must sit in a trust account at a bank, savings and loan, or licensed escrow agent, kept apart from the landlord's own money, with each tenant's funds tracked separately (AS 34.03.070). If the tenant gave proper notice of moving out and the landlord deducts nothing for damage, the landlord must send a written, itemized list and any refund within 14 days of move-out; that deadline is 30 days if the landlord deducts for damage beyond normal wear and tear or the tenant failed to give proper notice. Before or during the tenancy the landlord must disclose in writing the identity of any property manager, and, for housing built before 1978, the federal lead-based paint disclosure applies. Outside an emergency, a landlord must give at least 24 hours' notice, state the time, and try to pick a mutually convenient time before entering (AS 34.03.140). Attorney review is available as an option before you sign.

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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.

Key decisions before you file

Before you file a Residential Lease Agreement in Alaska, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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ALASKA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, also called the lessor) and [TENANT NAME] (Tenant, also called the lessee), for the rental property at [FULL ADDRESS], Alaska (the Premises).

  2. TERM This is a [fixed-term / month-to-month] tenancy. If fixed-term, it begins on [START DATE] and ends on [END DATE]. If month-to-month, either party may terminate by giving at least 30 days' written notice before the rental due date stated as the termination date, or 14 days' notice for a week-to-week tenancy (AS 34.03.290).

  3. RENT Tenant shall pay $[AMOUNT] rent per month, due on the [DAY] of each month. Alaska's Landlord and Tenant Act does not set a statutory late-fee cap or grace period; a small flat late fee or NSF fee approximating Landlord's actual costs may be charged only if stated in this written agreement.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Except for units renting above $2,000 per month, security deposits plus prepaid rent may not total more than two months' rent, and Landlord may charge a separate pet deposit of up to one more month's rent for pets other than service animals (AS 34.03.070). The deposit shall be held in a trust account at a bank, savings and loan, or licensed escrow agent, kept separate from Landlord's own funds. If Tenant gives proper notice of moving out and no damage is deducted, Landlord shall send a written, itemized statement and any refund within 14 days of move-out; this deadline extends to 30 days if Landlord deducts for damage beyond normal wear and tear or Tenant fails to give proper notice.

  5. DISCLOSURES Landlord discloses in writing the identity of any property manager for the Premises (AS 34.03.080; AS 34.03.130); if the Premises was built before 1978, Landlord also provides the federal lead-based paint disclosure. A written move-in condition statement noting existing damage is recommended for both parties.

  6. ENTRY Except in an emergency, when 24 hours' notice is not reasonably possible, or when Tenant has been absent more than seven days without notice, Landlord shall give Tenant 24 hours' notice, state the entry time, and enter only at reasonable times (AS 34.03.140).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and use it only as a residence. Landlord shall maintain the Premises in habitable condition, and shall provide and replace smoke and carbon monoxide detection devices; Tenant shall test them and replace batteries (AS 34.03.100(a); AS 18.70.095).

  8. TERMINATION 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; without a lease, Landlord may raise rent by any amount but must give Tenant at least 30 days' notice before a month-to-month increase takes effect.

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease is governed by the Alaska Uniform Residential Landlord and Tenant Act, AS 34.03.010 through 34.03.380. No notary or witnesses are required to sign an Alaska residential lease. This is an Alaska skeleton for a residential lease agreement. For the complete, customizable full Residential Lease Agreement template.

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.

Frequently Asked Questions

An Alaska lease should name the landlord and tenant, describe the rental unit, and state the rent, term, and due date. The security deposit plus prepaid rent generally cannot exceed two months' rent (AS 34.03.070), and the lease should reflect the written disclosure of any property manager's identity (AS 34.03.080; AS 34.03.130) plus the federal lead-based paint disclosure for housing built before 1978.

Except for units renting above $2,000 per month, a landlord may not collect security deposits and prepaid rent totaling more than two months' rent, and may add a separate pet deposit of up to one more month's rent for pets other than service animals (AS 34.03.070). The deposit must sit in a trust account kept apart from the landlord's own funds. After move-out, the landlord must send an itemized written statement and any refund within 14 days if the tenant gave proper notice and no damage is deducted, or within 30 days if damage is deducted or notice was not proper.

Yes, you can create an Alaska residential lease agreement template for free and fill in your rent, term, and deposit details online. Attorney review is available as an optional add-on if you want a licensed attorney to check the finished lease before you sign.

No. Alaska's Uniform Residential Landlord and Tenant Act does not require a residential lease to be notarized or witnessed. The landlord and tenant simply sign the written agreement.

Generally no. AS 34.03.140 requires the landlord to give the tenant 24 hours' notice, state the time, and try to pick a mutually convenient time, entering only at reasonable times. Advance notice is not required in a genuine emergency, when giving 24 hours' notice is not reasonably possible, or when the tenant has been absent more than seven days without notice.

The landlord must disclose in writing the identity of any property manager, since an undisclosed manager can be held liable as though they were the landlord (AS 34.03.080; AS 34.03.130). For housing built before 1978 the federal lead-based paint disclosure also applies. A written move-in condition statement is recommended to protect against disputed deposit deductions.

Under AS 34.03.290(b) either party can end a month-to-month tenancy by giving at least 30 days' written notice before the rental due date stated as the termination date. A week-to-week tenancy needs at least 14 days' notice. Alaska has no statewide rent control, but a landlord raising rent on a month-to-month tenancy without a lease must still give at least 30 days' notice before the increase takes effect.

Alaska's Landlord and Tenant Act does not set a statutory late-fee cap or grace period. A small flat late charge or NSF fee that reasonably approximates the landlord's actual costs may be enforceable, but only if the written rental agreement states it in advance; no automatic late fee is legally enforceable otherwise.