Alaska Standard Residential Lease Agreement

Introduction

An Alaska residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting a dwelling unit in the State of Alaska. This agreement is governed by the Alaska Uniform Residential Landlord and Tenant Act (AS 34.03), which provides comprehensive protections for both parties. ^[1]

This guide covers all essential aspects of Alaska residential leases, including required disclosures, security deposit rules, rent payment laws, landlord and tenant obligations, eviction procedures, and fair housing protections. All information has been verified against current Alaska statutes and federal law.

Required Disclosures

Alaska law requires landlords to provide specific disclosures to tenants before or at the commencement of a tenancy. Failure to provide required disclosures may result in penalties and affect the enforceability of lease provisions.

Extended Absence Notification (7+ Days)

The rental agreement must include a clause requiring the tenant to notify the landlord of any anticipated extended absence from the premises exceeding seven (7) days. The tenant must provide this notice as soon as reasonably possible after knowing the absence will exceed seven days. ^[2]

Statutory Authority: AS 34.03.150

Landlord Identification Disclosure

The landlord or authorized representative must disclose in writing, at or before the commencement of tenancy, the name and address of: (a) the person authorized to manage the premises, and (b) an owner of the premises or a person authorized to act on behalf of the owner for service of process and receiving notices and demands. ^[3]

Statutory Authority: AS 34.03.080(a)

Lead-Based Paint Disclosure

For properties built before January 1, 1978, federal law requires landlords to: (a) disclose any known lead-based paint or lead-based paint hazards, (b) provide the tenant with an EPA-approved lead hazard information pamphlet, and (c) include specific disclosure language in the lease agreement. ^[4]

Statutory Authority: 42 U.S.C. 4852d; 40 CFR Part 745

Security Deposit Withholding Conditions

The landlord must provide the tenant with written terms and conditions under which prepaid rent or security deposit (or portions thereof) may be withheld at the termination of tenancy. ^[5]

Statutory Authority: AS 34.03.070(c)

Security Deposit Laws

Maximum Amount

A landlord may not demand or receive prepaid rent or a security deposit in an amount exceeding two (2) months' periodic rent. This limitation does not apply to rental units where the monthly rent exceeds $2,000. ^[6]

Statutory Authority: AS 34.03.070(a), (h)

Deposit Storage Requirements

All security deposits and prepaid rent must be promptly deposited in a trust account at a bank, savings and loan association, or licensed escrow agent. The landlord may not commingle these funds with other funds, though deposits from multiple tenants may be held in a single trust account with separate accounting for each tenant. ^[7]

Statutory Authority: AS 34.03.070(c)

Interest on Deposits (real Estate Brokers)

If a real estate broker holds the security deposit in an interest-bearing trust account, the broker must disclose that fact and the rate of interest to the tenant. Interest earned does not belong to the broker. ^[8]

Regulatory Authority: 12 AAC 64.210

Return Timeline

Upon termination of tenancy, the landlord must return the security deposit according to the following timeline:

Statutory Authority: AS 34.03.070(g)

Itemized Deduction Statement

For any deductions from the security deposit, the landlord must provide a written itemized statement mailed to the tenant's last known address. This statement must describe each deduction and the amount. 'Damages' means deterioration of the premises that is NOT the result of normal wear and tear. ^[9]

Statutory Authority: AS 34.03.070(b)

Penalty for Wrongful Withholding

If the landlord willfully fails to comply with the security deposit return requirements, the tenant may recover an amount not to exceed twice the amount wrongfully withheld. ^[10]

Statutory Authority: AS 34.03.070(d)

Rent Payment Laws

Grace Period

Alaska law does NOT provide a statutory grace period for rent payments. Rent is due, without demand or notice, at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and at the beginning of any term of one month or less. ^[11]

Statutory Authority: AS 34.03.020(c)

Late Fees

Alaska law does not specify a maximum late fee amount. However, late fees are subject to the state's usury rate, which is the lesser of: (a) 10.5% per year, or (b) five percentage points above the Federal Reserve discount rate. Late fees must be reasonable and specified in the rental agreement. ^[12]

Statutory Authority: AS 45.45.010

NSF (bounced Check) Fees

If a tenant pays rent with a dishonored check (NSF), the landlord may charge a fee of $30. If the tenant fails to make payment after notice, the landlord may recover damages equal to $100 or triple the check amount, whichever is greater. ^[13]

Statutory Authority: AS 09.68.115

Landlord Obligations

Habitability Requirements

Under the implied warranty of habitability, landlords must maintain rental properties in a fit and habitable condition. Specifically, landlords must: ^[14]

Make all repairs necessary to put and keep the premises in a fit and habitable condition

Keep all common areas clean and safe

Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances in good and safe working order

Provide appropriate receptacles for waste removal and arrange for removal

Supply running water and reasonable amounts of hot water and heat at all times (with limited exceptions)

Provide and maintain locks and furnish keys if requested by tenant

Provide smoke detection devices and carbon monoxide detection devices as required by AS 18.70.095

Statutory Authority: AS 34.03.100(a)

Right of Entry

Landlords have a limited right to enter the rental premises for legitimate purposes. Key requirements: ^[15]

-24 hours advance notice** required (except in emergencies)**

Entry only at reasonable times

Entry only with tenant's consent (unless emergency)

Landlord may NOT abuse right of access or use it to harass tenant

Permitted purposes:** Inspect premises, make repairs, supply services, remove landlord's property not covered by lease, exhibit dwelling to prospective purchasers/tenants/workers.**

Statutory Authority: AS 34.03.140

Tenant Obligations

Tenants have specific statutory obligations under Alaska law: ^[16]

Keep occupied premises as clean and safe as conditions permit

Dispose of all waste in a clean and safe manner

Keep all plumbing fixtures as clean as their condition permits

Use all facilities and appliances in a reasonable manner

NOT deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises

NOT unreasonably disturb neighbors' peaceful enjoyment

Maintain smoke and carbon monoxide detection devices

NOT change locks without landlord's written agreement (except emergencies)

Upon Termination: Tenant must leave premises in substantially the same condition as at the beginning of tenancy, except for normal wear and tear. If carpets were professionally cleaned immediately before tenancy, landlord may require professional cleaning upon termination. ^[16]

Statutory Authority: AS 34.03.120

Eviction Procedures

Eviction in Alaska (called 'Forcible Entry and Detainer') must follow specific statutory procedures. Self-help evictions are prohibited. ^[17]

Notice Requirements by Type

Statutory Authority: AS 34.03.220, AS 34.03.290

Court Process

After the notice period expires, if the tenant has not cured or vacated, the landlord must file a Forcible Entry and Detainer (FED) action in court. The hearing must be held at least 2 days after service but within 15 days of filing. The total eviction process typically takes 1-2 months. ^[18]

Statutory Authority: AS 09.45.060-09.45.160; Civil Rule 85

Retaliation Protections

Alaska law prohibits landlords from retaliating against tenants who exercise their legal rights. A landlord may NOT retaliate by increasing rent, decreasing services, or threatening eviction after a tenant has: ^[19]

Complained to the landlord about habitability violations (AS 34.03.100)

Sought to enforce rights and remedies under the landlord-tenant act

Organized or joined a tenant's union or similar organization

Complained to a government agency about housing code violations

Tenant Remedies: If the landlord retaliates, the tenant may recover up to 1.5 times actual damages OR one month's rent (whichever is greater), plus court costs and reasonable attorney fees. Retaliation is also a defense in any eviction action. ^[19]

Statutory Authority: AS 34.03.310

Fair Housing Protections

Both federal and Alaska state law prohibit housing discrimination. ^[20]

Federal Fair Housing Act Protected Classes

Race

Color

Religion

National Origin

Sex

Familial Status (presence of children under 18)

Disability

Additional Alaska State Protections

Alaska state law provides additional protections against discrimination based on: marital status, pregnancy, and changes in marital status. ^[21]

Statutory Authority: 42 U.S.C. 3601-3619; AS 18.80

Attorney Fees

Alaska law provides that attorney fees shall be allowed to the prevailing party in any proceeding arising out of the Uniform Residential Landlord and Tenant Act or a rental agreement. This applies to both landlords and tenants - whoever wins the case is entitled to reasonable attorney fees. ^[22]

Statutory Authority: AS 34.03.350

Subletting and Assignment

Unless otherwise agreed in writing, a tenant may NOT sublet the premises or assign the rental agreement without the landlord's consent. However, if the lease requires landlord consent for subletting/assignment, the landlord may only withhold consent based on specific reasonable grounds: ^[23]

Insufficient credit standing or financial responsibility

Number of persons in the household

Number of persons under 18 in the household

Unwillingness to assume same lease terms

Proposed maintenance of pets

Proposed commercial activity

Written information from previous landlord documenting abuses

Timeline: The landlord has 14 days to deliver a written rejection. If no rejection is delivered within 14 days, the landlord's consent is conclusively presumed. ^[23]

Statutory Authority: AS 34.03.060

Resources

All citations in this document refer to the following authoritative sources. Click links to access full statutory text and official guidance.

**[1] **Alaska Uniform Residential Landlord and Tenant Act (AS 34.03) - https://www.akleg.gov/basis/statutes.asp#34.03

**[2] **AS 34.03.150 - Tenant to Use and Occupy (7-Day Absence Notification) - https://www.akleg.gov/basis/statutes.asp#34.03.150

**[3] **AS 34.03.080 - Landlord Disclosure Requirements - https://www.akleg.gov/basis/statutes.asp#34.03.080

**[4] **42 U.S.C. 4852d - Lead-Based Paint Disclosure (Federal) - https://www.law.cornell.edu/uscode/text/42/4852d

**[5] **AS 34.03.070(c) - Security Deposit Terms Disclosure - https://www.akleg.gov/basis/statutes.asp#34.03.070

**[6] **AS 34.03.070(a), (h) - Security Deposit Maximum and Pet Deposits - https://www.akleg.gov/basis/statutes.asp#34.03.070

**[7] **AS 34.03.070(c) - Trust Account Requirements - https://www.akleg.gov/basis/statutes.asp#34.03.070

**[8] **12 AAC 64.210 - Broker Trust Account Interest - https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission.aspx

**[9] **AS 34.03.070(b) - Itemized Deduction Statement - https://www.akleg.gov/basis/statutes.asp#34.03.070

**[10] **AS 34.03.070(d) - Wrongful Withholding Penalty - https://www.akleg.gov/basis/statutes.asp#34.03.070

**[11] **AS 34.03.020(c) - Rent Payment Terms (No Grace Period) - https://www.akleg.gov/basis/statutes.asp#34.03.020

**[12] **AS 45.45.010 - Usury Rate (Late Fee Limits) - https://www.akleg.gov/basis/statutes.asp#45.45.010

**[13] **AS 09.68.115 - NSF/Bad Check Fees - https://www.akleg.gov/basis/statutes.asp#09.68.115

**[14] **AS 34.03.100 - Landlord Habitability Obligations - https://www.akleg.gov/basis/statutes.asp#34.03.100

**[15] **AS 34.03.140 - Landlord Right of Entry - https://www.akleg.gov/basis/statutes.asp#34.03.140

**[16] **AS 34.03.120 - Tenant Obligations - https://www.akleg.gov/basis/statutes.asp#34.03.120

**[17] **AS 34.03.220 - Noncompliance with Rental Agreement; Failure to Pay Rent - https://www.akleg.gov/basis/statutes.asp#34.03.220

**[18] **AS 09.45.100-160 - Forcible Entry and Detainer (Eviction Procedures) - https://www.akleg.gov/basis/statutes.asp#09.45.100

**[19] **AS 34.03.310 - Retaliatory Conduct Prohibited - https://www.akleg.gov/basis/statutes.asp#34.03.310

**[20] **42 U.S.C. 3601-3619 - Federal Fair Housing Act - https://www.law.cornell.edu/uscode/text/42/chapter-45

**[21] **Alaska Housing Finance Corporation - Fair Housing Resources - https://www.ahfc.us/tenants/resources/fair-housing

**[22] **AS 34.03.350 - Attorney Fees to Prevailing Party - https://www.akleg.gov/basis/statutes.asp#34.03.350

**[23] **AS 34.03.060 - Sublease and Assignment - https://www.akleg.gov/basis/statutes.asp#34.03.060