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Renters rights and the law

the drum guru started this conversation
May 27, 2009

  

Tenants Caught in Foreclosure: Who Gets the Rent?

by Attorney Janet Portman

Learn to whom tenants should pay rent when landlords fall into foreclosure.

Tenants who learn that their landlords are in default on the mortgage (or already in foreclosure) are often confused about who is entitled to the rent money. Residents are likely to hear demands from many quarters -- the desperate owner, a management company, or a bank. It’s important to know who is -- and who isn’t -- entitled to the rent check and who is obligated to maintain the rental during this period of time.

Before the Foreclosure: Who Gets the Rent After a Default?

Lending banks (the mortgage holders) typically attach a rider, or special agreement, to the mortgage or deed of trust documents when a buyer intends to use the building as a rental. This rider, called a 1-4 Family Rider (Assignment of Rents), is used by lenders in every state for properties that have one to four rental units. Its main purpose is to give the lender the right to receive the rent when the buyer has defaulted on the mortgage. (You can get a copy of the 1-4 Family Rider from the Freddic Mac website, at www.freddiemac.com. Search for “1-4 Family Rider.”)

To understand how the rider works, think like a banker for a minute. The property is generating income and the buyer is falling behind on his mortgage. In order to cut its losses as quickly and as thoroughly as possible, the lender wants to get its hands on the rent.

Once the lender gives the owner a written notice of default, the lender has the right (except in Michigan) to receive the rent directly from the tenants. Lenders have to give written notice to the tenants, and they typically do so by letter, posted notice on the property, or in person.

Foreclosures in Multi-Family Properties

The 1-4 Family Rider is a standard form that’s used for small properties (four or fewer rental units). Banks and buyers use a standard form because they assume that the relatively small size of the deal doesn’t merit lengthy negotiations between the parties.

Larger properties almost always have the same sort of arrangement -- if the owner falls behind on the mortgage payments, the lender gets the right to receive the rent. Usually, these arrangements are negotiated by the banks and the buyers’ lawyers and may include unique provisions that are hammered out by the parties. But as far as the tenants are concerned, the bottom line is the same: With proper notice, they will be expected to pay the rent to the bank.

Repairs and Maintenance While Paying the Bank

Even though the bank is receiving the rent payments, all other rights and responsibilities that the owner/landlord has with respect to the tenants remain in place. Until the bank actually forecloses, the owner is still the owner. This leads to problems if the tenants need maintenance or repairs done on the rental unit.

Landlords are often unwilling to make repairs. Without a source of income from the rental property, most owners will be unable (or unwilling) to maintain it. For the tenant, however, the owner’s disillusionment is beside the point when it comes to safe and secure rental housing, because in every state but Colorado and Arkansas, landlords must maintain fit and habitable rental housing. How does a tenant enforce this right against a demoralized (and possibly broke) owner?

The lender is not obligated to help. According to the Family Rider, the lender must apply the rent money to property management costs, including maintenance, before it applies the money to the unpaid mortgage. But the Rider explicitly does not obligate the lender to assume the maintenance duties of the owner. Unless there’s a specific local or state law to the contrary, the lender’s right to receive rent money doesn’t turn that lender into the landlord for purposes of maintaining the property.

If conditions seriously deteriorate to the point where the home is not fit to live in, tenants may find themselves stuck between an owner who has no ability to take care of business, and a lender who has no obligation to do so.

Self-help remedies are tricky. Tenants may need to avail themselves of a tenant’s “self-help” remedy, such as rent withholding and repair-and-deduct (not all states give these remedies to tenants). (To learn more about self-help remedies, see Nolo’s Renter’s Rights: Repairs, Privacy & Safety area.)

 

If my building is sold, what happens to me?
 

But here is where things can get truly tricky: Rent withholding and repair-and-deduct work because they pressure owners to take care of repairs so that they can receive the rent. But banks are not familiar with property management and maintenance, and they have no legal obligation to maintain the property (the owner retains that duty). Not paying the bank is not likely to result in prompt attention to that leaking roof or broken water heater -- it’s more likely to result in a notice to vacate or, particularly in situations where tenants survive the foreclosure, continued inattention until conditions deteriorate further.

Help From the Government

In many cities, housing and health departments are charged with responding to unsafe and unsanitary conditions in rental housing. They typically have powers that range from ordering the owners to take care of business (under threat of contempt of court), to taking over the property altogether and running it until they’ve fixed the problems (and charging the owner for the privilege).

Although these government agencies can, and should, still do their jobs, their intervention may be ineffective. The agencies will be dealing with an owner who has no resources to contribute (and who may even be impossible to locate), and a bank who has no legal duty to step up. Results will differ when the government takes over because the efficiency of local and state agencies varies tremendously.

If you need to notify the landlord and bank of needed repairs in your rental, be as specific as possible. Nolo’s eForm, Tenant’s Notice of Needed Repairs, provides the format and instructions to make sure your demand is correct.

What to do if you are roommates?

Renting With Others

Learn to avoid disputes among roommates or with the landlord.

When two or more people sign the same rental agreement or lease -- or enter into the same oral rental agreement -- they are cotenants and share the same legal rights and responsibilities. However, there's a special twist. One cotenant's negative behavior -- not paying the rent, for example -- can affect everyone's tenancy.

When One Roommate Doesn't Pay Rent

Cotenants may decide to split the rent equally or unequally, depending on their personal wishes. However, such agreements don't affect the landlord. Each cotenant is independently liable to the landlord for all of the rent. Landlords often remind cotenants of this obligation by inserting into the lease a chunk of legalese that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement. If one tenant can't pay a share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent.

Landlords often insist on receiving one rent check for the entire rent -- they don't want to be bothered with multiple checks from contenants, even if each contenant pays on time and the checks add up to the full rent. As long as you have been advised of this policy in the rental agreement or lease, it's legal for your landlord to impose it.

When One Roommate Violates the Lease or Rental Agreement

A landlord can legally hold all contenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice. For example, two contenants can be evicted even if only one of them seriously damaged the property or otherwise violated the lease or rental agreement.

In practice, however, landlords sometimes ignore the legal rule that all tenants are equally liable for lease violations, and don't penalize a blameless one. If the non-offending roommates pay the rent on time, do not damage the landlord's property, and can differentiate themselves from the bad apple in the landlord's eyes, the landlord may want to keep them.

Disagreements Among Roommates

For all sorts of reasons, roommate arrangements regularly go awry. If you have shared an apartment or house, you know about roommates who play the stereo too loud, never wash a dish, pay their share of the rent late, have too many overnight guests, leave their gym clothes on the kitchen table, or otherwise drive you nuts. If the situation gets bad enough, you'll likely end up arguing with your roommates about who should leave.

Can my roommate evict me?

However, as a general rule, you can't terminate your roommate's tenancy by filing an eviction action. Only if you have sublet a portion of your rental -- so that you become your roommate's (sublessee's) landlord -- can you control that roommate's tenancy.

Another exception involves rentals governed by rent control laws that allow a landlord to designate a "master tenant" -- usually a long-term tenant who was there first -- to perform many of the functions of a landlord (this is the rule in San Francisco). Master tenants have the right to choose -- as well as to evict -- tenants. If your municipality is subject to rent control, find out whether the scheme includes a provision for a master tenant.

Roommate Agreements

Roommates can make lots of informal agreements about splitting rent, occupying bedrooms, and sharing chores. Your landlord isn't bound by these agreements, and has no power to enforce them, but making an agreement can force you and your housemates to take your cotenancy responsibilities seriously.

Before you move in, sit down with your roommates and discuss major issues, such as:

  1. Rent. What is everyone's share? Who will write the rent check if the landlord will accept only one check?
  2. Space. Who will occupy which bedrooms?
  3. Household chores. Who's responsible for cleaning, and on what schedule?
  4. Food sharing. Will food, shopping, and cooking responsibilities be shared? How will you split the costs and work?
  5. Noise. When should stereos or TVs be turned off or down low?
  6. Overnight guests. Is it okay for boyfriends/girlfriends to stay over every night?
  7. Moving out. If one of you decides to move, how much notice must be given? Must the departing tenant find an acceptable substitute?

The more you can anticipate possible problems from the start, the better prepared you'll be to handle disputes that do arise. Be as specific as possible, especially on issues that are important to you. If dirty dishes in the sink drive you up the wall, write it down. If occasional guests are no problem, but you can't stand the thought of your roommate's non-rent-paying boyfriend hogging the bathroom every morning, make sure your agreement is clear on guests.

It's best to put your understandings in writing. (See the sample roommate agreement below.) Oral agreements are too easily forgotten or misinterpreted. Most of the agreement won't be legally binding -- that is, a judge won't order a tenant to clean the bathroom. Judges will, however, enforce financial agreements, such as how you’ve agreed to share rent.

To underline the roommates' commitment, it's wise to include a clause requiring cotenants to participate in mediation before one of you breaks the agreement by moving out or running off to court. Our sample roommate agreement, below, includes such a clause. (For more on mediation, read the Go to Court or Mediate section of Nolo's website.)

Sample Roommate Agreement

Alex Andrews, Brian Bates, and Charles Chew are cotenants at Apartment, 360 Capitol Avenue, Oakdale, Kentucky, under a year-long lease that expires on February 1, 200X. They have all signed a lease with the landlord, Reuben Shaw, and have each paid $300 towards the security deposit of $900. Alex, Brian, and Charles all agree as follows:

  1. Rent. The rent of $900 per month will be shared equally, at $300 per person. Alex will write a check for the total month's rent and take it to the manager's office on the first of each month (or the next day if the 1st falls on a holiday). Brian and Charles will pay their share to Alex on or before the due date.
  2. Bedrooms. Alex and Brian will share the large bedroom with the adjacent deck; Charles will have the small bedroom.
  3. Food. Each cotenant is responsible for his own food purchases.
  4. Cleaning. Charles will clean his own room; Alex and Brian will clean theirs weekly. The household chores for the rest of the apartment -- living room, dining room, kitchen, and bathroom -- will rotate, with each cotenant responsible for vacuuming, dusting, mopping, and bathroom maintenance on a weekly basis.

    Each cotenant will promptly clean up after himself in the kitchen. No one will leave dishes in the sink for more than 24 hours, and everyone will promptly clean up when asked.
  5. Utilities. Everyone will pay an equal share of the electricity and gas bills. Alex will arrange for service and will pay the bill. Within three days of receiving the bill, Charles and Brian will each pay Alex one-third of the total.
  6. Cable. Alex will arrange for cable service and will pay the monthly bill. All roommates will share the cable bill equally.
  7. Guests. Because of the apartment's small size, each tenant agrees to have no more than one overnight guest at a time and to inform the others in advance, if possible. Each cotenant agrees to no more than four guests overnight in a month.
  8. Exam Periods. During mid-term and final exam periods, no cotenant will have overnight guests or parties.
  9. Violations of the Agreement. The cotenants agree that repeated and serious violations of one or more of these understandings will be grounds for any two cotenants to ask the other to leave. If a cotenant is asked to leave, he will do so within two weeks, and will forfeit any outstanding pre-paid rent.
  10. Leaving Before the Lease Ends. If a cotenant wants to leave before the lease expires on February 1, 200X, he will give as much notice as possible (and not less than one month) and diligently try to find a replacement tenant who is acceptable to the remaining cotenants and the landlord.
  11. Security Deposits. The cotenant who leaves early (voluntarily or involuntarily) will get his share of the security deposit returned, minus costs of unpaid rent, repairs, replacement, and cleaning attributable to the departing tenant, when and if an acceptable cotenant signs the lease and contributes his share to the security deposit. If an acceptable cotenant cannot be found, the departing tenant will not receive any portion of his share of the security deposit until the tenancy of the remaining cotenants is over and the security deposit is refunded, in whole or in part, by the landlord.
  12. Dispute Resolution. If a dispute arises concerning this agreement or any aspect of the shared living situation, the cotenants will ask the University Housing Office Mediation Service for assistance before they terminate the cotenancy or initiate a lawsuit. This will involve all three tenants sitting down with a mediator in good faith to try to resolve the problems.

_______________________________
Alex Andrews

___________________
Date

_______________________________
Brian Bates

___________________
Date

_______________________________
Charles Chew

___________________
Date

When a Roommate Leaves

What to do if a roommate moves out before a lease ends.

A co-tenant in a month-to-month tenancy who wants to leave is legally responsible for giving the landlord proper written notice and paying rent through the end of the notice period. If there's a lease, the tenant should either get permission from the landlord to leave early or, if this is impossible, find a new tenant who is acceptable to the landlord. If a co-tenant simply leaves without the landlord's okay or without an acceptable substitute, the fallout can be serious.

What to Do If You Want to Stay

The unauthorized departure of a co-tenant gives the landlord the option of evicting the rest of you, even if you are able to pay the full rent. The landlord has this option because breaking the lease or rental agreement by even one tenant is a violation of a key lease term (the length of stay), for which all tenants are liable.

In practice, however, your landlord will probably let you stay if you can keep a steady stream of rent money coming in and keep the place occupied by stable, nondestructive tenants. So if you want to stay after a co-tenant has broken the lease and left, the landlord will probably not evict you and other tenants unless:

  • you are a troublesome tenant, and this is a golden opportunity to be rid of you, or
  • your income doesn't appear sufficient to cover the rent in the future. In this case, if you can assure the landlord that you can promptly bring in a good, law- and lease-abiding new co-tenant, you might be able to salvage your tenancy. In the meantime, you may need to ask permission to pay the rent late or in installments.

 

 

Always get your landlord's approval before moving in a new roommate. If a co-tenant takes off and leaves you facing the entire rent, you may be tempted to simply move in another roommate, bypassing the landlord's application process. Don't! Your lease or rental agreement probably prohibits unauthorized sublets. If it does, bringing in a new tenant -- even a great one -- without your landlord's okay violates your agreement and gives your landlord a watertight reason to evict you. Instead, keep your relationship on an honest footing and get your landlord's approval for a replacement tenant. (For more information, see Adding a Roommate to the Lease or Rental Agreement.)

How to Deal With a Departing Roommate

Remaining roommates need to cover their legal flanks with respect to the departed tenant as well as the landlord. If your housemate has left during the middle of a lease or without proper notice in a month-to-month tenancy, leaving you responsible for all the rent, your personal relations will be rocky at best. Probably the last thing you want is to have your errant roommate reappear expecting to move back in.

To avoid such surprises, try to get your former roommate to sign an agreement, making it clear that the departing tenant:

  • Will pay a stated amount of rent and utilities. If you rent under a written rental agreement, this will normally be rent and utilities for 30 days from the date the departing tenant gave written notice (or left without notice), unless a new roommate comes in earlier and covers these costs. If you rent under a lease, the amount owed will depend on when a new co-tenant, acceptable to the landlord, is ready to take over. If, despite your best efforts, you cannot find an acceptable replacement, the departing tenant will be liable for the rent for the balance of the lease.
  • Will pay for any damage she caused to the rental unit.
  • Will pay for rent and damage no later than a stated date.
  • Has moved out for good and gives up any claim to be a tenant.

 

But what if you and the departing roommate can't work things out, and the departed co-tenant shows no signs of paying? If your roommate is long gone or out-of-state, you may want to grit your teeth, pay his share and forget it, since trying to find him, sue him, and then collect the judgment is likely to be more trouble than it's worth.

On the other hand, if your ex-roommate is still in town and has a source of income, consider taking the time to sue him in small claims court for unpaid rent, damage to the rental unit, unpaid utilities, and your costs to find a replacement co-tenant, such as advertising. Then, if your ex-roommate still doesn't pay up, you can collect what you won in court from his bank account or wages. For more information, see the Small Claims Court section of Nolo's website.

What to Do If You Want to Move Out, Too

If your co-tenant skips out, leaving you in the lurch, you may decide that it's not worth the hassle of trying to stay and rustle up another roommate.

To ease your departure and forestall the landlord from keeping your security deposit to make up for unpaid rent, or listing you as a deadbeat at the credit bureau, follow these steps:

  • If you are a month-to-month tenant, give the required amount of written notice (usually 30 days) immediately. Don't wait until you can't pay the next month's rent and receive a termination notice.
  • If you have a lease, let the landlord know in writing that you plan to move because you cannot afford the rent without your co-tenant. Before you move, be extra accommodating when it comes to showing the unit to prospective renters. Facilitating a quick re-rental is not just a courtesy to your landlord, but to your advantage as well, since the sooner a new tenant takes over, the sooner your liability for the balance of the rent due under the lease ends. In addition, do your best to find an acceptable replacement tenant yourself.

 

Adding a Roommate to the Lease or Rental Agreement

Get your landlord's approval before a new person moves in.

Whether it's time to live with the one you love or you just need to replace a departing roommate, check with your landlord before letting a new person move in. Most landlords will insist that the new roommate become a co-tenant, having the same rights and responsibilities as you do.

Getting the Landlord's Approval

Obviously, you want to be sure that your new roommate is financially stable and compatible with you.

But even if you are satisfied with your intended co-tenant's stellar qualifications, it doesn't mean the landlord will take your word for it. To increase your chances of getting an official okay, consider these questions before approaching the landlord:

  • Will adding a roommate exceed the occupancy limit? Landlords are entitled to set reasonable limits on the number of occupants per rental unit. As a general rule, that's two persons per bedroom plus one more, though some localities (such as New York City) allow more.
  • Will the new roommate meet your landlord's good-tenant criteria? Many landlords subject prospective tenants to a thorough screening process, checking credit, employment, rental history, and references. Ask your prospective roommates to request a credit report on themselves. If the credit report is good, you'll want to hand it to the landlord with your proposed new tenant's application. Since the landlord will almost surely do this as well, doing it first gives you the opportunity to develop a plausible explanation for any negative information -- for example, a prior eviction or bankruptcy.

Unless you are on fairly close personal terms with your landlord, it's usually a good idea to write your landlord a note about your desire to add a roommate. This gives the landlord an unpressured opportunity to think about it. It is also your chance to sell your proposal by pointing out that your rental is big enough for another tenant and, assuming you already have someone lined up, that your new roommate will be a great tenant.


Click here to add your comment...
the drum guru
Jun 9, 2009
 in response to alaskan_guy32...   

The ONLY legal way you can keep his stuff as collateral is IF he signs a document describing all his stuff in detail, afffixing a price to it, and that he is giving it to you to hold as collateral until he pays the money he owes you, and it is signed and NOTARIZED.  

Having said the above, you need to check with the Fair Housing Agency in your city to make sure there are no local rules, laws, or codes attached to the housing laws prohibiting this.  They can tell you if it is legal. The law differs from state to state you have to check the law in your state.

Here is some information that might prove helpful to you....

Good luck.

AlaskaLandlordandTenant ActPublished by the Alaska Court SystemPUB-3012/08NOTICE:This publication includes a summary of landlord and tenant rights and obligations underAlaska law, provided by the Alaska Department of Community and EconomicDevelopment, Division of Occupational Licensing, Real Estate Commission. Theirpublication was last updated December 2004. Visit their website atwww.dced.state.ak.us/occ/pub/landlord.pdf to update this printed information. Inaccordance with Alaska Statute (AS) 44.23.020 (b)(8), information in their publicationhas been approved by the Alaska Department of Law.The Alaska laws governing landlord and tenant rights and obligations reproduced hereare from the 2008 Alaska Statutes. Laws are subject to revision by the legislature. It isyour responsibility to check for any amendments to the Alaska Statutes by visiting theAlaska Legislature website at www.legis.state.ak.us/folhome.htm, contacting yournearest Legislative Information Office, or going to your local public or law library.The Alaska Court System offers an electronic version of its Eviction booklet, CIV-720 onits website at www.state.ak.us/courts/forms.htm. CIV-720 describes procedures forevictions from residential property. CIV-720 is also available at all Alaska Court Systemlocations.The Alaska Court System encourages you to read and familiarize yourself with theAlaska Uniform Residential Landlord and Tenant Act (Alaska Statute 34.03.010 - AS34.03.360) before taking any action affecting your or another person’s rights.PUB-30 (12/08) 1PUB-30 (12/08) 2Table of ContentsLandlord Tenant Act: What it means to you..... 3What housing is covered by the Act?............... 3Definitions ........................................................ 3Moving inRental agreements........................................... 4What to include ................................................ 4Late fees........................................................... 5Mediation or arbitration .................................... 5What the agreement cannot say ...................... 5Mobile home rental agreements ...................... 6Unsigned or undelivered agreements .............. 6What is a lease?............................................... 7Security deposits.............................................. 7Limit on deposits and prepaid rent................... 7Application fees ............................................... 7Where deposit may be kept ............................ 7Interest on security deposits ............................ 7Change of property ownership ........................ 8Responsibility for security deposits ................. 8Inspection reports ............................................ 8Landlord’s rules................................................ 9Enforcing the rules .......................................... 9Changing the rules .......................................... 9Canceling a rental agreement ......................... 9If the property isn’t ready for move-in .............. 9If landlord refuses to turn over premises ......... 9Illegal discrimination ...................................... 10Protected classes .......................................... 10Refusal to rent to smokers ............................ 10Indications of discrimination .......................... 10Who to call about discrimination ................... 10Living thereLandlord responsibilities ................................ 11Tenant remedies ........................................... 13Housing Codes .............................................. 14Tenant Responsibilities ................................. 15Landlord remedies ........................................ 16Landlord’s right to access ............................. 16Notice requirement ........................................ 16Tenant refusal to allow access ...................... 16Harassment by landlord ................................ 16Locks ............................................................. 17Raising the rent ............................................. 17Damage to the dwelling ................................. 18Condemned dwellings ................................... 18Moving prior to end of lease .......................... 18Subleasing .................................................... 19Questions for sublease applicants ................ 19Denial of permission to sublease .................. 19Moving OutGiving proper notice ...................................... 20Time limits ..................................................... 20How to deliver notice .................................... 21Cleaning up & clearing out ............................ 21Damages ....................................................... 22What can be charged to tenants? ................. 22Responsibility for accidental damage ........... 22Return of deposits ......................................... 22When landlord may keep the deposit .......... 22Evictions ....................................................... 23Can tenants be evicted in the winter? ......... 23Eviction for late rent ..................................... 23Eviction for deliberate damage .................... 23Eviction for illegal activity ............................. 23Eviction for failure to pay utilities ................. 24Eviction for tenant breach of duties ............. 24Eviction by landlord’s choice ........................ 24Termination of mobile home tenancies ........ 24Abandonment ............................................... 25When is property considered abandoned? .. 25Abandoned belongings ................................ 26Holding a public sale .................................... 26Serving a Notice to Quit ............................... 27Requirements of notice ................................ 27Challenging an eviction ................................ 27Foreclosure problems .................................. 27Notice to quit after foreclosure ..................... 28Lockouts, utility shut-offs or threats ............. 28Tenant remedies .......................................... 28Subsidized housing additional rights ........... 28Retaliation by landlord ................................. 29When it is unlawful retaliation ...................... 29Actions considered retaliatory ...................... 29When it is NOT retaliation ............................ 29When a rent increase is “In good faith” ........ 29When a tenant won’t move .......................... 30How F.E.D. cases work ............................... 30Problems with your landlord or tenant ......... 30Suggestions for resolving disputes .............. 31Where to go for help .................................... 31Sample Notice Forms ............................. 33-48The Landlord and Tenant Act: what it means to youWhen a landlord and tenant get along well, things are better all around. Dealing with unhappy tenants is alot of trouble for a landlord, and few tenants want the inconvenience and expense of moving simplybecause they cannot get along with their landlords. Yet, landlords and tenants frequently have problems.Sometimes, landlords do not make repairs or unfairly keep back security deposits. Sometimes, tenantsdamage property or refuse to pay the rent. This booklet briefly explains your responsibilities as a landlordor a tenant under the Uniform Residential Landlord and Tenant Act (AS 34.03.010 et seq., the “Landlordand Tenant Act”). It explains what a tenant needs to know when he or she is:• Moving in: ........................... pages 4• Living there: ........................ pages 11• Moving out: ......................... pages 20Sample forms, such as notices to quit, etc., begin on page 33.The Landlord and Tenant Act covers rental of a residence, such as an apartment, a mobile home, or ahouse. It does not apply to rooming houses, hotels or motels, temporary housing at a shelter orsupportive housing program, or any type of commercial property.1Tenants who receive a government housing subsidy or live in a government housing project may haverights in addition to those provided by state law. This pamphlet does not cover those issues.Such tenants should check their lease agreements and may also wish to consult with the Alaska HousingFinance Corporation or an attorney for specific advice.DefinitionsSeveral important terms are used in this booklet. This is what some of them mean:• Dwelling unit, property or premises: the place that is rented, which could be a house, apartment,condo, mobile home, or mobile home park space.• Landlord: the property owner or his agent, which could include either a licensed property manager ora resident manager.• Property Manager: an individual licensed to practice real estate in Alaska who works on behalf of theproperty owner to rent, manage and safeguard a property.• Resident Manager: an individual who resides on the property and manages it on behalf of theproperty owner or the licensed property manager.• Tenant: any of the people who rent the dwelling.• Damages: money claimed by, or ordered to be paid to, a person as compensation for loss or injury. Itmay mean the amount claimed by the landlord from the tenant’s security deposit based on thedamages the landlord has incurred by reason of the tenant’s failure to comply with the obligationsimposed under the Landlord and Tenant Act. Or it may mean the monetary compensation that aperson wins in a lawsuit, such as the value of lost rent or the cost of repairing property damage (to alandlord), or the value of housing or utility services not provided (to a tenant).• Security Deposit: payment to a landlord or property manager by a tenant to ensure that the tenantwill pay the rent due and will maintain the property and will not damage it. Security deposits are heldin trust by the owner or manager until the tenant moves out, and are then returned or applied to payfor damages and/or delinquent rent with an accounting to the tenant.• Rental Agreement: means all agreements, written or oral, and valid rules and regulations adopted bythe landlord, making up the terms and conditions for the use of the dwelling unit.• Lease: a contract which conveys the right to use and occupy property for a certain specified period oftime in exchange for consideration, usually rent. Precise legal definition of many of the terms used inthe Landlord and Tenant Act may be found at AS 34.03.360.1 AS 34.03.330.PUB-30 (12/08) 3MOVING INGet a written agreement:Before a tenant moves in, the landlord and tenant must come to an agreement. It may be verbal orwritten, but written is best. Without written proof, even two honest people can later disagree on what wasactually said. The written agreement may be called a “Rental Agreement,” a “Tenant Agreement,” or“Lease.”The agreement should include:• the name and address of the person authorized to manage the premises,• the name and address of an owner of the premises, or a person authorized to act as an agent of theowner, for the purpose of service of process and receiving notices and demands from the tenant orthe owner’s agent and,• the name and address of the tenant(s),2• how many tenants and pets are to occupy the unit,• who holds the deposit,• reasons the deposit or a portion of it may be retained by the landlord,• the amount to be paid for rent and deposits,• when, where, and how the rent is to be paid,• when the rent is considered delinquent, and what the• penalty will be for late payment,• whether this is a month-to-month tenancy or a lease with a definite contract period,• who pays for utilities and what services are provided,• a list of prohibited equipment (snowmobiles, musical equipment, motorcycles, etc.),• a list of landlord and tenant repair and maintenance duties and who pays for them,• rules on subleasing or assignment of the property,• a premises condition statement and contents inventory,• disclosure of lead-based paint as applicable for units built prior to 1978 (as required by the federalEnvironmental Protection Act), and• any additional rules, covenants and regulations in place.2 AS 34.03.080(a).PUB-30 (12/08) 4Late chargesThe Landlord and Tenant Act does not state whether landlords may assess late charges when the rent islate or NSF fees when a check is returned for insufficient funds. It may be all right for the rentalagreement to specify a small flat-rate late charge or NSF fee that reasonably approximates the landlord’sactual costs caused by the tenant’s failure to pay rent on time or writing a bad check. It may also be allright for the rental agreement to specify a reasonable percentage-per-day late charge. Such a charge islimited by the state usury law to an annual interest rate of a maximum of five percentage points above theFederal Reserve discount rate, or if no precise rate is specified, 10.5%.3 Remember, no automatic latecharge or NSF fee is legally enforceable, unless it has been agreed upon beforehand.Resolving disputesA landlord and tenant can agree to mediation or binding arbitration to resolve disputes between them. Ifboth parties want to mediate or arbitrate disputes, they should include in the rental agreement (or in anaddendum to it) specific details of the types of disputes to be resolved in this way and the procedures tobe followed.4Understanding the agreementRental agreements are normally prepared by the landlord or the landlord’s agent. It is very important thattenants make sure they understand all the terms of the agreement. Tenants should ask for an explanationof any section they do not understand, before signing the agreement.What to watch out for:Rental agreements cannot:• require the tenant or the landlord to waive any legal rights under the Act,5• permit the landlord to get an “automatic” court judgment against the tenant (called a “confession ofjudgment”),6• require the tenant to agree to pay the landlord’s attorney fees,7• limit the liability of landlords or tenants when either has failed to meet their responsibilities,8• make the tenant liable for rent even if the landlord fails to maintain the premises as required by law,9 or• allow the landlord to take the tenant’s personal belongings.103 AS 45.45.010.4 AS 34.03.345.5 AS 34.03.040(a)(1).6 AS 34.03.040(a)(2).7 AS 34.03.040(a)(4).8 AS 34.03.040(a)(3).9 AS 34.03.050; AS 34.03.100(a).10 AS 34.03.250.PUB-30 (12/08) 5Standard form agreementsSome standard form rental agreements have been written to conform to the laws of other states, or arebased on older versions of Alaska law. These forms may need to be changed before signing them. Inaddition to the legal provisions already listed, any of the following statements should be removed from theagreement before signing it:• agreement to let the landlord come into the dwelling whenever he or she wants,• agreement to immediate eviction for nonpayment of rent,• agreement that the tenant will make all repairs,• release of the landlord from liability for accidents due to his or her neglect,• giving up of the tenant’s right to the return of the deposit, or• grant of a power of attorney to the landlord by the tenant, or to the tenant by the landlord.Illegal provisions in the contractTo remove illegal wording, draw a line in ink through any provision that is not legally binding. Both thelandlord and tenant should initial the agreement next to each item that has been removed.Illegal provisions in an agreement are not enforceable against the tenant, even if both parties sign.Special rules for mobile home rentalsAbsent very specific exceptions, agreements between mobile home park operators and mobile home parktenants may not:• prohibit the tenant from selling his or her mobile home,• require the mobile home tenant to provide permanent improvements to park property,• require a fee to let the tenant sell or transfer the mobile home, or• require a fee to let the tenant set up or move a mobile home into or out of the park.11Mobile home park operators must give tenants a list of all capital improvements that will be required (suchas skirting, utility hook-ups, and tie downs) before the tenant moves into the park.12 Park operators mayspecify the type of equipment required, but cannot require that it be purchased from a particular supplieror company.13Unsigned or undelivered agreementsOnce the agreement has been carefully reviewed, both parties should sign it. The landlord must give thetenant a copy.If the landlord and the tenant agree to a rental agreement, and the landlord signs and delivers theagreement to the tenant but the tenant doesn’t sign it, the legal provisions of the agreement arenonetheless binding if the tenant moves in and begins paying rent. Likewise, if the tenant signs anddelivers the agreement to the landlord but the landlord doesn’t sign it, the rental agreement is binding ifthe landlord accepts payment of rent without reservation from the tenant.1411 AS 34.03.040(c).12 AS 34.03.080(d).13 AS 34.03.130(c).14 AS 34.03.030(a) and (b).PUB-30 (12/08) 6What is a lease?A lease is a rental agreement that specifies how long the tenant will stay in the property. If there is alease, the landlord cannot raise the rent or evict the tenant during the period of the lease, unless thetenant breaks the terms of the lease or the lease agreement provides for the increases.If the tenant decides to move during the term of the lease, the tenant is usually still responsible for therent for the rest of the lease period, unless the dwelling can be subleased or re-rented earlier. Seesections on Moving Prior to End of a Lease and Subleasing, pgs. 18-19.There may be times, however, when the tenant may quit the lease and not be responsible for the rent forthe remainder of the lease. See section on Tenant Remedies, pgs. 13-14.What is a security deposit?Many landlords demand a security deposit before a tenant moves in. This deposit protects the landlordfrom financial loss if the tenant fails to pay the rent, causes damage to the property, or does not clean upproperly when he leaves.Except for units renting for more than $2,000 per month, security deposits and prepaid rents may not totalmore than two months’ rent.15Sometimes a landlord asks for a nonrefundable application fee to place a prospective tenant on a waitinglist for an apartment. If an application fee covers the landlord’s actual, reasonable costs for servicesperformed (such as checking the applicant’s credit history), it is probably lawful.However, it is NOT lawful to charge a fee that becomes the security deposit if the tenant moves in, but isforfeited if the tenant decides not to take the unit. At most, such a tenant would be responsible for rentduring the time it takes the landlord to find a replacement tenant, and for the actual costs (such asnewspaper ads) of finding one.Where are deposits kept?Deposits and prepaid rent must be deposited by the landlord or the property manager in a trust account ina bank or savings and loan association, or with a licensed escrow agent.16 (Exceptions could be made inrural Alaska, if there is no bank in town and it would be impractical to bank the money). A trust accountcan be any separate savings or checking account labeled “trust account” and used only for deposits andprepaid rents. A receipt should be written whenever the tenant pays a deposit or prepays rent.Landlords are required to provide tenants with the terms and conditions under which prepaid rents ordeposits (or any portion of those monies) might be withheld by the landlord.Can deposits earn interest?The landlord/tenant law does not require that the trust account earn interest, but if the tenant’s depositdoes earn interest, the tenant is entitled to the interest under general trust law principles, unless bothparties have agreed otherwise. It is a good idea to specify in the rental agreement whether the deposit willearn interest, and if so, who gets the interest.If the property is managed by a licensed property manager, the interest on the tenant’s money in the trustaccount must go to the tenant, under the terms of the real estate license law, unless the tenant agrees inwriting that the interest may go to the property owner. The property manger may not keep the interest.15 AS 34.03.070(a).16 AS 34.03.070(c).PUB-30 (12/08) 7When there’s a new owner. . .When rental housing is sold, a new owner is responsible for refunding any security deposits and prepaidrents that may be owed to the tenants who move out after the ownership is transferred.17 Therefore, abuyer of rental property should make sure that the previous owner transfers all deposits and prepaid rentsalong with the property. If the previous owner makes a proper transfer of these funds and notifies thetenants of the sale of the dwelling unit, he is relieved of further responsibility. If not, the previous ownerwill still be responsible to the tenants for deposits and prepaid rents, even though the new owner is alsoresponsible.18When the property is sold at a foreclosure sale because the landlord has defaulted on his mortgagepayments, the buyer (usually the lender) often treats the tenancy as terminated, and tries to disclaimresponsibility for the tenant’s security deposit. Unless the landlord/seller has given the security deposits tothe new owner, the landlord/seller remains liable for the security deposits.19 The issue of whether thebuyer in a foreclosure sale is responsible for the tenants’ security deposits has not yet been decided bythe courts.Get a written inspection reportAn inspection report describes the condition of the property when the tenant moves in. It generally hastwo parts:• a “premises condition statement” describing the condition of the unit, and• a “contents inventory” itemizing any furnishings and describing their condition.The inspection report is not required by law, but if a landlord or tenant requests it, one should beprepared.20Many landlords and tenants find that an inspection report helps to protect their interests. Tenants, forexample, can use it to prove that they were not responsible for damages that existed before they movedin. Landlords can also use it to establish when damage occurred.To complete the inspection report, the landlord and the tenant should go through the premises together,writing down any damages, such as scratches or burns.Both should sign and date the report, and attach a copy to the rental agreement. The landlord can requirethat the tenant sign the report as a condition of renting the property. Before requiring the tenant’ssignature on an inspection report, however, the landlord must advise the tenant that the signed report canlater be used by the landlord to determine whether or not to refund any deposits and to compute therecovery of other damages to which the parties may be entitled.21The landlord and tenant should then make another list showing which damages the landlord has agreedto repair or change, and the date that the work should be completed. A common time limit is ten days.The list should be signed and dated by the landlord before the tenant moves in, then signed and dated bythe tenant when the work has been completed. Again, everyone should keep a copy.If a landlord refuses to make an inspection report, it is a good time to consider looking for anotherlandlord. Finding another place to live before a conflict arises is much easier than trying to settledisagreements over money and damages when the tenancy ends.17 AS 34.03.070(f).18 AS 34.03.110(a).19 See In re Wise, 120 B.R. 537 (Bkrtcy.D Alaska 1990).20 AS 34.03.020(e).21 AS 34.03.090 (b) and AS 34.03.335.PUB-30 (12/08) 8Living by the landlord’s rulesNearly every landlord has rules that tenants must live by.The law requires that the landlord show the tenant the rules and regulations before the tenant enters intothe rental agreement, and that a copy of the rules be prominently posted on the premises where it can beseen by everyone living there.22 These rules should include homeowner association or communityassociation rules or covenants.Tenants should read the rules carefully, and if they believe that they cannot live by the landlord’s rules,they should not rent the unit.The rules must be reasonable, must apply to all tenants equally, and must be clearly defined.Enforcing the rulesThe landlord’s rules may be enforced only if their purpose is to:• promote the convenience, safety, health or welfare of the tenants,• preserve the landlord’s property from abuse, or• make a fair distribution of services and facilities.The landlord cannot make rules that allow him to avoid his obligations. Once the tenant has seen therules and moved in, the tenant has agreed to abide by those rules. Failure to do so could mean aneviction. (See section on Moving out.)Changing the rulesIf the tenant has a lease, the rules may not be changed during the term of the lease, if the changes wouldsubstantially modify the lease agreement. For example, the landlord cannot decide during the term of alease that he will no longer allow pets on the premises.If the tenancy is month-to-month, the landlord may make such changes, but only after giving the tenantwritten notice at least 30 days before the rental due date when the rule changes will take effect. Tenantswho do not wish to accept the rule changes may give a 30-day written notice before the rental due dateand move out.If circumstances changeOnce the tenant and the landlord make a rental agreement, the tenant may NOT have the right to getback full deposits or prepaid rent if he or she decides not to move in.In a month-to-month tenancy, the tenant is responsible for as much as one month’s rent, or prorated renton a day-to-day basis until someone else rents the unit, whichever is less. The landlord must make areasonable effort to re-rent the unit as soon as possible, at a fair rental price.23If the tenant refuses to move in because the landlord misrepresented the condition of the unit, the tenantmay owe nothing, and may be entitled to a full refund of the deposit and prepaid rent.If the premises are not ready on the first day of the rental term per the rental agreement or the landlordrefuses to allow the tenants to move in, the tenants may cancel the agreement, or they may ask a court toorder the landlord to live up to the agreement.2422 AS 34.03.130(a).23 AS 34.03.230(c).24 AS 34.03.170(a).PUB-30 (12/08) 9Tenants may also sue the landlord and any person wrongfully living there for damages. If the landlord’srefusal to allow the tenants to move in is willful and in bad faith, the tenants may sue for 1-1/2 times theactual damages.25When is discrimination illegal?It is illegal under both state and federal law for landlords to refuse to rent to someone because of sex,race, religion, national origin, color, physical or mental disability, or pregnancy. Under state law it is alsoillegal to refuse to rent to someone because of marital status or change in marital status.26 A landlord maynot even make an inquiry regarding the tenant’s status in any of these areas.27It is a violation of federal law to refuse to rent on the basis of a disabling disease which is not readilycommunicable, such as cancer or AIDS, or because a tenant has children. Federal fair housing laws maynot apply to single family homes or two-, three- or four-family structures where the owner occupies oneunit. State laws, however, apply to all residential rental units.In the Municipality of Anchorage, it is illegal to refuse to rent to someone because of age.28 Othercommunities may have similar specific ordinances. Check with your local Equal Rights Commissionregarding local requirements.Each landlord may choose whether he or she wishes to rent to smokers. Neither state nor federal lawmakes smokers a protected class.It is unlikely that a landlord will openly refuse to rent to someone for an illegal reason. Frequently, atenant may suspect there is an illegal reason behind some seemingly legal landlord practices.These are some indications that a landlord may be practicing discrimination:• the apartment the tenant called about is suddenly “already taken” when the landlord sees the tenant,• a unit the landlord said was rented remains vacant,• the rent or deposit quoted is much higher than the advertised or charged for similar units,• rules are different for one tenant than for others in the same apartment building,• a real estate broker or agent does not refer a tenant to a rental listing that fits his needs, or• an advertisement indicates a preference for a certain race, color, religion, sex, age, marital status ornational origin.For more help in illegal discrimination matters, contact the Equal Rights Commission in yourcommunity, or:Alaska State Commission for Human Rights800 A Street, Suite 204Anchorage, AK 99501-3669Phone: (907) 274-4692 / Fax: (907) 278-8588Complaint Hot Line: (800) 478-4692 (toll free) / TTY/TDD: (800) 478-3177 (toll free)Web site: www.gov.state.ak.us/aschr/aschr.htm25 AS 34.03.170(b).26 AS 18.80.200; AS 18.20.240; Foreman v. Anchorage Equal Rights Commission, 779 P.2d 1199(Alaska 1989); Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (Alaska 1994).27 AS 18.80.240(3).28 A.M.C. 05.20.020.PUB-30 (12/08) 10Anchorage Equal Rights Commission632 W. 6th Avenue, Suite 110Anchorage, AK 99501Phone: (907) 343-4340TTY/TDD: (907) 343-4894Fax: (907) 343-4395Web site: www.muni.org/aerc/index.cfmU. S. Department of Housing and Urban Development949 E. 36th Avenue, Suite 400Anchorage, AK 99508-4399Phone: (907) 271- 4663Web site: www.hud.gov/complaints/index.cfmLIVING IN A RENTAL PROPERTYThe landlord’s responsibilitiesThe law requires that the landlord or his agent must:• give the tenant a copy of any written rental agreement;• abide by the lawful terms of the agreement;• keep the tenant informed of any change in the landlord’s or his agent’s address;• make sure the premises are ready for the tenant when the rental agreement takes effect;• ensure that the tenant’s enjoyment of the premises is not disturbed;• maintain a fit premises (see next section titled “Property Maintenance”);• give adequate notice of a rent increase;• give the required notice before demanding that a tenant move out; and• return the tenant’s security deposit and/or prepaid rent when the tenant moves out and/or give acomplete written accounting of money held for accrued rent, damages and the cost of repair withinthe time limit required by law.When the rental is a house or a duplex, the landlord and tenant may agree in writing that the tenant willbe responsible for the heat and hot water, garbage cans and trash removal, locks and keys, and/orsmoke detectors.If it is done in good faith, the landlord and tenant may also agree in a separate writing that the tenant willdo specific repairs, remodeling or maintenance instead of paying rent.In rental units where the rent exceeds $2,000 per month, the landlord and tenant may also agree that thetenant will maintain in good and safe working order all electrical, plumbing, heating, kitchen and otherfacilities and appliances normally maintained by the landlord (however, the tenant may not agree tomaintain elevators.)29The landlord cannot force the tenant to agree to these arrangements to get out of his responsibility as alandlord. This sort of agreement may not be made if it will reduce or endanger the services to othertenants.29 AS 34.03.100(c).PUB-30 (12/08) 11Property MaintenanceThe Landlord and Tenant Act provides that the landlord must:30(1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitablecondition;(2) keep all common areas of the premises in a clean and safe condition;31(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating,ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators,supplied or required to be supplied by the landlord;(4) provide and maintain appropriate receptacles and conveniences for the removal of ashes,garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange fortheir removal;(5) supply running water and reasonable amounts of hot water and heat at all times, insofar asenergy conditions permit, except where the building that includes the dwelling unit is soconstructed that heat or hot water is generated by an installation within the exclusive control ofthe tenant and supplied by a direct public utility connection;(6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate toensure safety to the tenant’s person and property; and(7) provide smoke detection devices as required under AS 18.70.095.Examples of typical property maintenance duties which may fall under these statutory provisions includethe landlord’s duty to maintain:• doors, windows, roof, floors, walls and ceilings, ensuring that they do not leak or have holes;• plumbing that works, does not leak, and provides hot and cold water at reasonable water pressure;• a working, safe stove and oven;• a reliable heating system which provides adequate heat to all rooms;• a safe electrical wiring system (with no loose or exposed wires, sockets that do not spark andadequate circuit breakers);• windows or fans that provide fresh air;• enough garbage cans or dumpsters to provide an adequate and safe trash removal service;• extermination service if roaches, rats, mice or other pests infest the building, apartment or property;• proper maintenance of any vacuum cleaners, washing machines, dishwashers, etc., supplied by thelandlord (when not abused or broken by the tenant); and• properly working smoke detectors.3230 AS 34.03.100(a).31 Including the removal of snow and ice from common areas. Coburn v. Burton, 790 P.2d 1355 (Alaska1990).32 AS 18.70.095.PUB-30 (12/08) 12Tenant remediesIf the landlord does not meet his or her responsibilities, the law provides remedies for the tenant. The typeof remedies available depends on the type of noncompliance by the landlord.Remedies for Landlord’s noncompliance in general1) The tenant may move.33 If there is material noncompliance by the landlord with the rental agreementor a noncompliance with the Landlord and Tenant Act which materially affect health and safety the tenantmay move. The tenant must first give the landlord written notice describing the problem and stating thatif the problem is not fixed in 10 days from receipt of the notice, the tenant will move in 20 days. If theproblem is fixed within 10 days the tenancy does not terminate. If the tenant still wants to move, a regular30-day notice is required (in a month-to-month tenancy).If the tenant notified the landlord in writing of a problem and the landlord fixed it within the time allowed,but the landlord allows substantially the same problem to occur again within six months, the tenant mayterminate the agreement with a ten-day written notice without allowing the landlord an opportunity to fixthe problem. The notice must specify the problem and the date of termination of the tenancy.If the rental agreement is terminated, the landlord must return all prepaid rent or security depositsrecoverable by the tenant. Tenants may not terminate a rental agreement for problems they themselveshave caused.2) The tenant may obtain damages or injunctive relief.34 A tenant may sue in court for damages or obtaininjunctive relief for any noncompliance by the with the rental agreement or for certain violations of theLandlord and Tenant Act. If the total amount at landlord issue is less than $7,500 the tenant may suefor damages in small claims court. For larger claims, or requests for injunctive relief, the tenant shouldsee an attorney.Remedies for Landlord’s failure to supply essential servicesIf the landlord deliberately or negligently fails to supply an essential service (such as heat, water, sewer,electricity or plumbing), the tenant has several other alternative remedies. Prior to taking one of theremedies a tenant must give the landlord a written notice stating the problem and the remedy the tenantplans to take.1) The tenant may make repairs and deduct the cost from rent. Once written notice is given to thelandlord stating that the tenant plans to do so the tenant may get the problem fixed and deduct the actualand reasonable expenses from the next month’s rent.35 (If the repair is very expensive, it is a good idea toconsult with an attorney before taking this step.) The tenant should retain receipts for all costs, andsubmit them to the landlord for rent credit.2) The tenant may procure reasonable substitute housing. The tenant can give the landlord writtennotice that he or she is moving into reasonable substitute housing. The tenant is then excused frompaying rent until the problem is cured.If the tenant has to pay more than his or her regular rent to secure housing during this time, the tenantcan charge the landlord for the difference.363) The tenant may obtain damages. In some cases, when the problem is really serious, it may reduce thevalue of the dwelling. If this happens, the tenant may sue, or in an action by the landlord for possession orrent, the tenant may counterclaim, to recover damages against the landlord based on the diminution inthe fair rental value of the dwelling.3733 AS 34.03.160(a).34 AS 34.03.160(b).35 AS 34.03.180(a)(1).36 AS 34.03.180(a)(3).37 AS 34.03.180(a)(2), AS 34.03.190; Zeller v. Poor, 577 P.2d 695 (Alaska 1978).PUB-30 (12/08) 13PUB-30 (12/08) 14Housing codesThe primary purpose of housing codes is to protect the health and safety of the people who live in housesand apartments.A minimum standard of maintenance is set, making the landlord (not the tenant) responsible for keepingrental property in decent shape. (See: “Landlord Duties.”)The law protects tenants who exercise their rights to report code violations. If they call to complain andask for an inspection, the landlord cannot take revenge by harassing them (i.e. threatening eviction).38Alaska has a statewide fire code, but does not have a statewide housing code. Many communities dohave local codes.If you live in one of these communities, you may report substandard conditions by calling the numberslisted here:38 AS 34.03.310.Anchorage 343-4200Bethel 543-3215Cordova 424-6200Fairbanks 459-6720Juneau 586-5230Kenai 283-7535 ext. 236Kodiak 486-8070Nenana 832-5441Nome 443-6663North Pole 488-2281North Slope Borough 852-2611Palmer 745-0930Petersburg 772-4519Seldovia 234-7643Seward 224-3331Sitka 747-1837Soldotna 262-9107Valdez 835-4313Wrangell 874-3904Tenant responsibilitiesThe Landlord and Tenant Act provides that the tenant:39(1) shall keep that part of the premises occupied and used by the tenant as clean and safe as thecondition of the premises permit;(2) shall dispose of all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean andsafe manner;(3) shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as theircondition permits;(4) shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, airconditioning, kitchen, and other facilities and appliances including elevators in the premises;(5) may not deliberately or negligently destroy, deface, damage, impair, or remove a part of thepremises or knowingly permit any person to do so;(6) may not unreasonably disturb, or permit others on the premises with the tenant’s consent tounreasonably disturb, a neighbor’s peaceful enjoyment of the premises;(7) shall maintain smoke detection devices as required under AS 18.70.095;(8) may not, except in an emergency when the landlord cannot be contacted after reasonable effortto do so, change the locks on doors of the premises without first securing the written agreementof the landlord and, immediately after changing the locks, providing the landlord a set of keys toall doors for which locks have been changed; in an emergency, the tenant may change the locksand shall, within five days, provide the landlord a set of keys to all doors for which locks havebeen changed and written notice of the change; and(9) may not unreasonably engage in conduct, or permit others on the premises to engage in conduct,that results in the imposition of a fee under a municipal ordinance adopted under AS 29.35.125.To comply with the Landlord and Tenant Act and the rental agreement a tenant should:• abide by the lawful terms of the rental agreement and the reasonable rules established by the landlord;• pay the rent on time;40• be considerate of other tenants;• keep the premises clean and safe;• remove snow and ice from leased premises (this does not include the common areas);41• dispose of garbage and other waste in a clean and safe manner;• prevent damage to the premises;• replace or repair anything destroyed or damaged by accident or carelessness on the part of thetenant or the tenant’s guests;• make sure the unit’s smoke detectors are working by testing them periodically and changing thebatteries as needed;42• give adequate notice before moving;• move out when the rental agreement ends; and• clear the premises of possessions when moving out.39 AS 34.03.120(a).40 AS 34.03.020(c).41 Coburn v. Burton, 790 P.2d 1355, 1357-58 (Alaska 1990).42 AS 18.70.095(b)(2).PUB-30 (12/08) 15The tenant must pay the rent each month as it becomes due. The landlord is not required to ask thetenant each month for the rent.43If a different place for payment is not agreed upon when the tenant moves in, it is assumed that the rentwill be collected at the dwelling unit.44If the tenant rents monthly, the rent is due every month on the day of the month that the tenancy began,unless otherwise agreed.45 Thus, if the tenant moves in on the 8th, the rent is due on or before the 8th ofevery month, unless both parties agree to another rental due date, which is typically the 1st of the month.Landlord remediesIf tenants do not meet their responsibilities, the landlord can terminate the rental agreement by writtennotice and require that the tenants move. The written notice must be specific about the problem inquestion. (See: Eviction.)If the tenants are notified of a problem and remedy the problem within the time allowed, but the problemoccurs again within six months, the landlord may terminate the rental agreement using a three- or fivedaywritten notice, depending on the type of problem. If this occurs the landlord does not need to give thetenant an opportunity to fix the problem. The notice must specify the problem and the date of termination(see page 36 for specific notice requirements).46A lawsuit to evict a tenant is called a “Forcible Entry and Detainer Action”, or “FED”. A landlord who evictsa tenant may contact an attorney for representation, or landlords who are owners may elect to representthemselves.If the landlord who is an owner chooses to represent him or herself, it is a good idea to contact the AlaskaCourt System for its booklet called “Eviction” (form number CIV-720). This booklet describes in detail theprocedure for evictions from residential property for failure to pay rent, but will also help landlords withevictions for other reasons, since the process is quite similar.If the landlord needs to get in . . .A landlord usually needs the tenant’s permission to enter the premises, but he or she can enter withoutpermission if:• it is not possible to contact the tenant by ordinary means;• the tenant has been gone from the property more than seven days without notice; or• there is an emergency (such as smoke, water, or explosion).A landlord may enter the premises only to:47• make repairs or perform maintenance;• supply necessary or agreed services;• inspect for damages;• show the premises to prospective buyers, renters, or contractors; or• remove personal property belonging to the landlord that is not covered under the rental agreement.43 AS 34.03.020(c).44 AS 34.03.020(c).45 AS 34.03.020(c).46 AS 34.03.220(a)(2) and (e).47 AS 34.03.140(a).PUB-30 (12/08) 16In these situations, the landlord MUST give the tenant 24 hours notice. He must say what time he iscoming, and try to pick a time that is mutually convenient. The landlord may enter for these reasons onlywith the tenant’s consent and only at reasonable times.Tenants CANNOT unreasonably refuse to allow the landlord to enter. If the tenant does so, the landlordcan get a court order, or injunction, requiring that the tenant let him in. The landlord may also sue foractual damages or one month’s rent, whichever is greater, or terminate the tenancy with a ten-daynotice.48The landlord CANNOT abuse the right to request entry, or use it to harass tenants.49When a landlord abuses his or her right to enter by coming in without the tenant’s permission orrepeatedly without need, the tenant can ask a court for an injunction ordering the landlord to stop. Thetenant may also sue for actual damages or one month’s rent, whichever is greater, plus court costs andattorney fees. If the tenant wishes to move because the landlord has abused the access privilege, a tendaywritten notice from tenant to landlord is required.50The lowdown on locksTenants can insist that the landlord maintain or replace the locks if the residence is not secure.51Tenants may want to add an extra lock on their own to increase security. With the landlord’s permission,a tenant may add locks that can be used from the inside, such as chain bolts. If the tenant makes holes inthe door or frame, he or she must leave the lock in place when moving out.Neither a landlord nor a tenant may be locked out. If a landlord adds or changes locks, new keys must begiven to the tenant right away.Before changing locks, the tenant must generally get the landlord’s written permission. However, in anemergency, when the landlord can’t be contacted first, the tenant can change locks, provided he or shegives a new set of keys to the landlord within five days.52Can the landlord raise the rent?Unless there is a lease, the landlord is legally entitled to raise the rent by any amount. But the landlordmust give the tenant at least 30 days notice before the increase takes effect on a month-to-monthtenancy.Tenants then have two choices:• they can agree to pay the rent, or• they can move out.Legally, a notice of rent increase is probably equivalent to a termination of the rental agreement at the oldrate and an offer to rent the same unit at a higher rate.A landlord should, therefore, notify tenants of any rate increase at least 30 days before the increase goesinto effect, and tenants who wish to leave rather than accept the increase should give the landlord awritten 30-day notice of intent to terminate tenancy.48 AS 34.03.300(a).49 AS 34.03.140.50 AS 34.03.300(b).51 AS 34.03.100(a)(6).52 AS 34.03.120(a)(8).PUB-30 (12/08) 17Tenants who receive a housing subsidy or live in a federal or state housing project may have rights inaddition to those provided by state law. For example, the U.S. Department of Housing and UrbanDevelopment (HUD) or the Alaska Housing Finance Corporation (AHFC) may control rent increases inhousing where HUD has provided loan or rent guarantees to the owner. Contact the HUD office, yourAHFC Public Housing case worker, an attorney, or if low income, Alaska Legal Services, if you havequestions about HUD or AHFC rent controls.Fire or casualty damageIf the dwelling is substantially damaged by fire or other casualty (such as an earthquake or a flood), thereare a couple of things the tenant can do, depending on the amount of damage to the dwelling.When only a part of the unit is damaged and it is lawful for the tenant to continue to live there, the tenantshould move out of the damaged part. The rent can be reduced to an amount that reflects the fair rentalvalue of the undamaged part of the dwelling.53If the tenant can no longer live in the place, he or she can move out, notify the landlord, and stop payingrent. The rental agreement and responsibility to pay rent ends when the tenant moves.54After the tenant moves, the landlord must return any recoverable deposit and prepaid rent to the tenant.Rent paid for time the tenant did not live in the dwelling (counted from the day of the casualty andincluding the day of the casualty) must be returned to the tenant.55Condemned dwellingsBuildings inspected and found to be very unsafe may be condemned. The city or borough housinginspector will tell the landlord that he or she must repair the problem or be taken to court.When the problems are so serious that the inspector feels that the building is beyond repair, the inspectorwill order that it be torn down.If the building is condemned, tenants may come home one day and find a sign posted on the buildingstating that it is unsafe for anyone to live there.Tenants should immediately find out when the inspector and landlord expect them to move. They shouldalso see an attorney before paying any more rent.Moving prior to the end of a leaseWhen a lease is signed, the tenant is promising to stay for a certain length of time. The tenant commits topaying the rent each month, whether or not he or she is in the property. Unless the landlord signs astatement permitting it, the tenant CANNOT simply have someone else “take over” the rental unit.Generally, there are only two ways a tenant can get out of a lease without breaking the lease:• if there is a material noncompliance by the landlord with the rental agreement or a noncompliancewith AS 34.03.100 materially affecting health and safety, the tenant can move (after giving 20 dayswritten notice), unless the landlord corrects the problem in ten days,56 or• if the landlord agrees to allow the tenant to sublease the property (see next section).53 AS 34.03.200(a)(2).54 AS 34.03.200(a)(1).55 AS 34.03.200(b).56 AS 34.03.160(a).PUB-30 (12/08) 18If the tenant decides to move during the term of the lease, the tenant is usually still responsible for therent for the rest of the lease period, unless the dwelling can be rerented earlier. The landlord isresponsible to make a good faith effort to re-rent the property, and may not charge the original tenant rentafter the property is re-rented, or for any time during which the landlord does not make a reasonable,good faith effort to rent the property.If the landlord attempts to re-rent the property, the tenant may be responsible for rent while the propertyis vacant during the term of the lease.SubleasingIf a rental agreement requires the landlord’s consent to sublease, the tenant may obtain one or morepersons who are willing to take over the lease. Each prospective occupant must make a signed writtenoffer to the landlord containing the following information about the person:• name, age,57 and present address• occupation, present employment, and name and address of employer• how many people will live in the apartment,• two credit references, and• names and addresses of all landlords of the applicant for the past three years.Once given this information, the landlord has 14 days to answer the request.58 No answer within 14 daysis the same as consent, and the tenant can go ahead and sublease.59 The new tenants may be rejectedonly for certain specific reasons, and the landlord cannot unreasonably prevent subleasing.60Lawful reasons for denialIf the landlord decides not to allow the sublease, a written basis for the decision must be provided. Theonly legal reasons are:61• insufficient credit standing or financial responsibility,• too many people for the residence,• unwillingness of the new tenant to accept the terms of the rental agreement,• the tenant’s pets are not acceptable,• the tenant’s proposed commercial activity , or• a bad report from a former landlord of the prospective tenant.If the landlord refuses the new tenant-applicant, but does not give one of these reasons, the tenant caneither go ahead with the sublease or move out.62If the choice is to move, the tenant must give a written notice to the landlord 30 days in advance of therental due date by which the tenant plans to move.57 In the Municipality of Anchorage a sublease applicant may not be asked their age. AMC 05.20.020.58 AS 34.03.060(d).59 AS 34.03.060(f).60 AS 34.03.060.61 AS 34.03.060(d).62 AS 34.03.060(e).PUB-30 (12/08) 19MOVING OUTGive plenty of notice!Sooner or later, most tenants decide to move on, or the landlord, for some reason, decides that he or sheno longer wants to rent the unit. Whether you are the landlord or the tenant, be sure that when thishappens, your notice to terminate the tenancy is in writing.The notice from the tenant to the landlord must include:• the address of the premises,• the date the tenancy is to end, and• the signature of the person giving the notice.The notice from the landlord to the tenant must include the above, plus, the notice must contain: 63• an explanation of why the tenancy is being terminated,• if applicable, an explanation of any remedial action which the tenant must take in order to avoidtermination of the tenancy and the date and time when the corrective action must be completed,• a date and time when the tenancy will end and the tenant must be gone, and• notice that if the tenant continues to occupy the dwelling after the termination date the landlord maysue to remove the tenant.How much notice is enough?The amount of notice needed to end a rental agreement varies, depending upon whether the rentalagreement is week-to-week, month-to-month, or year-to-year.When a tenant with a month-to-month tenancy wants to move, the law requires that he or she give thelandlord written notice at least 30 days before the rental due date specified as the termination date in thenotice. If the tenant wants to move between rental due dates, the notice must be delivered on or beforethe rental due date which falls at least 30 days before the move-out date.64For example, if rent is due the 8th of each month and the tenant wants to move on April 8, written noticemust be delivered to the landlord by March 8. If the same tenant wishes to move on April 21, notice wouldstill have to be delivered by March 8, or there would not be a full tenancy month’s notice. The tenantcould then end up paying an extra month’s rent.If the same landlord wants the same tenant to move out by April 30, notice would have to be delivered tothe tenant before March 8. If the landlord does not deliver notice until March 9, the tenant will not have tomove until May 8, when he or she has had a full tenancy month’s notice.Tenants in a month-to-month tenancy who do not give proper notice are responsible for rent for one rentalperiod or until the unit is re-rented, whichever is less.65(This does not include tenants who are moving because of serious problems which the landlord has not fixed.)Tenants who do not give proper notice may also experience a delay in getting back their deposit. (See:“Deposit Return.”)63 AS 34.03.290 (b) and AS 09.45.105.64 AS 34.03.290(b).65 AS 34.03.230(c).PUB-30 (12/08) 20Tenants who wish to terminate a week-to-week tenancy must give the landlord written notice at least 14days before the termination date specified in the notice.66 For example, a week-to-week tenant wishing tomove on July 26 must give notice by July 12.Notice is noticeWhen a landlord accepts a moving notice, but a tenant fails to move out by the date specified in thenotice, the landlord may sue for eviction. If the tenant stays beyond the specified move-out date willfullyand not in good faith, the landlord may also sue for 1-1/2 times actual damages.67If a landlord sells the property while tenants are residing there, the new owner must also give propernotice if they want to terminate tenancy.How to deliver noticeThe way notice is delivered is very important. A landlord’s notice to quit to a tenant must either bedelivered personally, or by registered or certified mail. If notice is mailed, a landlord should send thenotice to the address of the premises rented by the tenants.If the landlord is not able to serve notice by one of these two methods, listed above, the landlord then hastwo options. The notice may be given to any adult who appears to live with the tenants, or the notice maybe posted in plain sight on the premises.68A tenant may hand deliver or mail a notice to the landlord to the address where rent is paid.However notice is delivered, it is important that the landlord or tenant complete and retain the Record ofService at the bottom of the Notice. If the tenant does not move and must be evicted, it is important in theF.E.D. action to show that notice was delivered according to law.Cleaning up and clearing outA wise tenant will start to clean up well before moving day. Tenants are expected to clean the dwellingunit completely, including the bathtubs, toilets, and all appliances. Other cleaning responsibilities shouldbe listed in the rental agreement or lease, or in the landlord’s posted rules. In general, tenants areexpected to keep and leave the place as clean as the condition of the premises permit.69DamagesOnce the cleaning is complete, the tenant should inspect the premises with the landlord, noting anydamages that were not there when the tenant moved in. Both should sign the inspection report and keepa copy. (See: “Returning the Deposit.”)Tenants cannot be charged for damages caused by “normal nonabusive living.”70 Landlords and tenantsfrequently disagree about what constitutes normal, nonabusive living, so here are a few guidelines:• A family with children or pets will normally wear things out faster than an adult living alone. This typeof wear is the landlord’s responsibility, and must be expected when renting to a family with children orpets.• If something cannot be cleaned because of the landlord’s acts or negligence, it is the landlord’sresponsibility. This includes things like walls left dirty because of non-washable paint and stains onthe walls resulting from faulty plumbing.66 AS 34.03.290(a).67 AS 34.03.290(c).68 AS 09.45.100.69 AS 34.03.120(a).70 AS 34.03.070(b).PUB-30 (12/08) 21• Dry cleaning draperies, shampooing carpets, and washing walls are major cleaning tasks that cannotbe charged against a tenant’s security deposit if the tenant fails to perform these tasks at thetermination of the tenancy. A landlord must expect that any property in which people live will needwalls, carpets and drapes cleaned before another tenant rents the property. Withholding a tenant’ssecurity deposit for such tasks would be holding a tenant responsible for normal, nonabusive living, inviolation of the Landlord and Tenant Act. 71• Painting the walls, repairing holes in the carpet, and replacing draperies are tenant responsibilitiesonly if such repair or replacement is needed due to tenant negligence.Damage caused by the tenant is the tenant’s responsibility, even if it was caused by accident or by theactions of a guest. The landlord may keep enough of the deposit to repair such damage.If the tenant has purposely destroyed the landlord’s property (by throwing a rock through the window,writing on the walls, or smashing the furniture, for example), the tenant may be guilty of vandalism andcould face up to one year in prison and a $5,000 fine, and still have to pay for the damage.Returning the depositIf the tenant has given proper notice of moving out, the landlord must provide a written, itemized list ofaccrued rent and damages with any refund due the tenant within 14 days of the date the tenancy isterminated and possession is delivered by the tenant.72 If the landlord willfully fails to comply with thisrequirement, the tenant may recover up to twice the amount withheld by the landlord.73The itemized list may be hand-delivered or mailed to the tenant’s last known address. If the landlord doesnot know the new mailing address of the tenant, but knows or has reason to know how to contact thetenant, the landlord must make a reasonable effort to deliver the notice and refund to the tenant.If the tenant does not give proper notice or abandons the dwelling, the landlord may take up to 30 daysafter the tenancy is terminated (or after he or she becomes aware of the abandonment) to return thedeposit or provide a written notice of accrued rent and damages.74When the landlord keeps the depositWhen a tenant moves out, he or she has a right to get back the full security deposit if:• no damage has been done beyond that caused by normal, nonabusive living; and• the rent is paid.Otherwise, the landlord has the right to keep all or part of the security deposit to cover these costs.75Some landlords try to get around the law by specifying that unless the tenant stays for a certain timeperiod (six months, for example), the tenant automatically forfeits a portion of the security deposit. This isunlawful, since the law requires that to hold the tenant responsible for rent the landlord must try to re-rentthe unit as soon as possible, and may only hold the tenant liable for rent during the time the unit isactually empty.Another unlawful practice is charging a “nonrefundable cleaning fee.” A “cleaning fee” is simply anothername for a security deposit. If the tenant keeps the unit as clean and safe as the condition of thepremises permit,76 the tenant has fulfilled his or her legal obligation, and the landlord has no cleaningexpenses that can properly be charged against the deposit.Under no circumstances may the landlord seize property belonging to the tenant to satisfy rent or to coverdamages.7771 AS 34.03.040(a)(1), AS 34.03.070(b).72 AS 34.03.070(b).73 AS 34.03.070(d).74 AS 34.03.070(g).75 AS 34.03.070(b).76 AS 34.03.120(c)(1).77 AS 34.03.250.PUB-30 (12/08) 22Termination of tenancyYou may have heard that tenants cannot be evicted in the winter in Alaska or that tenants with smallchildren cannot be evicted. Unless you are a mobile home park tenant, neither is true. (See Terminationof mobile home tenancies, pg. 25.)The term “eviction” is often used to refer to the landlord’s action in ending a tenancy and requiring that thetenant move. But only a court can order the eviction of a tenant if he or she refuses to move. (See:F.E.D. Cases.”) The Landlord and Tenant Act generally speaks of the landlord’s action as “terminating thetenancy.”There are several different sets of circumstances under which a landlord may terminate a tenancy. Someproblems can be cured by the tenant, stopping the eviction. Others cannot. In each case, a written noticeis required.Termination for late rentA seven-day written notice is required to terminate a tenancy when a tenant is behind in rent. The noticemust state the correct amount of rent to be paid by the tenant. If the rent is paid before the sevencomplete days are up, then the tenant may stay.(If the tenant tries to pay after the seven days are up, the landlord may refuse to accept the rent andcontinue with the eviction.)78 The notice must tell tenants that they have the choice of paying or moving.79If a landlord accepts a partial rent payment after giving a seven-day notice for nonpayment, the landlordmust either make a new written agreement with the tenant to extend the eviction for a specific period oftime or begin the eviction process all over again.80Termination for deliberate infliction of substantial damage to thepremisesA minimum 24-hour written notice must be given to terminate a tenancy when the tenant or the tenant’sguests have intentionally caused more than $400 damage to the landlord’s property.81Even if the tenant agrees to repair the damage (and the tenant will be liable for the damage in any event),the landlord may still go through with the eviction.Termination for illegal activity on the premisesIf the tenant or a guest of the tenant is engaged in an illegal activity on the premises (such as prostitution,gambling, or illegal drug or alcohol production or sale), the tenant may be evicted upon service of a fivedaynotice.82 The law refers to these types of illegal activities as “nuisances.”In addition, if a court ever finds in another legal proceeding (in a criminal case, for example) that anuisance is being conducted on particular leased premises (and provided that the tenant received propernotice of the court proceedings), the court will issue an order of abatement that will terminate the tenancyimmediately.8378 AS 34.03.220(b).79 AS 09.45.105.80 AS 34.03.240.81 AS 34.03.220(a)(1).82 AS 09.45.090(a)(2)(G).83 AS 09.50.210; AS 34.03.220(d).PUB-30 (12/08) 23Termination for failure to pay utility billsIf a utility company discontinues service to the premises due to the tenant’s failure to pay the utility bill,the landlord may issue a five-day notice to terminate the tenancy. If the tenant reinstates the servicewithin three days after service of the notice and repays the landlord for any payments made to the utilitycompany, and provided the premises were not somehow damaged due to the lapse in service, theeviction process ends and the tenant can stay. However, in the absence of due care by the tenant, if thesame utility service is disconnected again within six months, the landlord can terminate the tenancy with athree-day notice, and the tenant has no right to fix to problem.84Termination for breach of dutiesA ten-day written notice is required when the landlord wishes to terminate a tenancy because the tenanthas breached an important part of the rental agreement or the tenants responsibilities under the Landlordand Tenant Act (such as disturbing other tenants with too much noise or failing to maintain the rental unit,so that the health and safety of others are endangered).If the problem is corrected before expiration of the notice period, the tenant may stay.85 However, if thetenant violates the rental agreement in substantially the same way more than once in a six-month period,the landlord can evict the tenant with a five-day notice, and the tenant has no right to fix the problem.Some types of problems may not be remediable, such as a pattern of behavior by the tenant that has asignificant impact or left the other tenants frightened for their safety. In such situations, the tenant isobligated to leave by the end of the ten-day period.86Ten days notice is also required when the landlord is terminating a tenancy because the tenant hasrefused the landlord’s reasonable requests to enter the dwelling.87Landlord’s termination of rental agreement by choiceA 30-day written notice is required when the landlord wishes to terminate a month-to-month tenancy forgeneral reasons.88 This notice must be delivered 30 days before the rental due date specified in thenotice as the termination date.For example, if a tenant’s rent is due on the 15th of the month and the landlord wishes that the tenantmove by October 15, the tenant must be given the notice on or before September 15.To terminate a week-to-week tenancy, the landlord must give written notice at least 14 days before thetermination date given in the notice.89A termination notice may not be used to end a lease prior to the end of the lease term without cause.Termination of mobile home tenanciesA one-year written notice is required when a mobile home park operator wishes to require tenants tomove their mobile homes because the operator is converting the land to a “common-interest community”(condominiums, for example). A mobile home park tenant may be required to vacate earlier than the oneyear period if the tenant is evicted for one of the first three reasons listed below.9084 AS 34.03.220(e).85 AS 34.03.220(a)(2).86 Osness v. Dimond Estates, Inc., 615 P.2d 605, 609-10 (Alaska 1980); Taylor v. Gill Street Investments,743 P.2d 345, 348 (Alaska 1987).87 AS 34.03.300(a).88 AS 34.03.290(b).89 AS 34.03.290(a).90 AS 34.08.620 (a).PUB-30 (12/08) 24While most renters can have their tenancies terminated for a variety of reasons, the law says that mobilehome park tenants can be evicted from the park only for these reasons:91• the tenants are behind in space rent and don’t pay even after receiving a 7 day written notice from thelandlord;• the tenants have been convicted of violating a law or ordinance, the violation is continuing, and theviolation endangers the health, safety or welfare of others in the park;• the tenant has violated a reasonable provision of the rental agreement or lease and doesn’t stop theviolation even after receiving a written notice from the landlord; or• there is to be a change in the use of the land on which the park is located. (This reason requires anotice of at least 270 days for change other than conversion to a common-interest community, and atenant may not be required to move between October 15th and May 1st.92)Except for termination of tenancy due to change in the use of the land on which the park is located, thesame notice periods are required for mobile home park tenants as for other types of tenants.93Termination for absence or abandonmentAccording to the law, rental agreements must require that tenants notify their landlord every time theyplan to be gone for more than seven days. If the tenant plans to be gone only two or three days, thenfinds he will actually be gone for more than a week, the tenant must notify the landlord as soon aspossible.94 This is to help protect the property from damage such as that caused by freezing pipes.Tenants who willfully fail to give notice of being gone can be sued by their landlord for 1-1/2 times theactual damages caused by any calamity occurring during their absence.95When tenants are gone, the landlord may enter the dwelling only if there is an emergency or with thetenants consent and proper notice. However, if tenants are gone more than a week without notifying thelandlord, the landlord may, at times reasonably necessary, go into the unit for reasonable repairs,inspections, or to show the dwelling.96When is it abandonment?A landlord may assume the dwelling has been abandoned when the following three elements are met:• the tenant is behind in rent; and• the tenant has left behind his or her personal belongings in the dwelling, but has been gone for morethan seven consecutive days; and• the tenant did not notify the landlord that he or she would be gone for more than seven days.97When a dwelling has been abandoned, the landlord may enter, clean up, and re-rent it. If the landlordmakes a good faith effort to re-rent the unit at fair rental value, the former tenant is obligated for rentalpayment until the end of the following rental period, the end of the lease period (if the agreement is alease), or until a new tenant moves in, whichever is sooner.9891 AS 34.03.225(a); see, Osness v. Dimond Estates, Inc., 615 P.2d 605, 607-08 (Alaska 1980).92 AS 34.03.225(a)(4) (effective July 1, 2002).93 AS 34.03.225(c).94 AS 34.03.150.95 AS 34.03.230(a).96 AS 34.03.140; AS 34.03.230(b).97 AS 34.03.360(1).98 AS 34.03.230(c).PUB-30 (12/08) 25Abandoned belongingsIf a tenant abandons a dwelling leaving personal belongings behind, the landlord must notify the tenant:• where the property is being held;• that the tenant has a minimum of 15 days to remove the property. (The time period may belengthened at the discretion of the landlord or agreement of the parties or may be made shorter if theparties agree to a shorter time period); and• what the landlord intends to do with the property if it is not removed.Belongings not removed within that time may be:• sold at public sale (property not sold may be disposed of);• disposed of as the landlord sees fit (if it is food or something perishable); or• destroyed or otherwise disposed of (such as by charitable donation) when the cost of having a publicsale would exceed the value of the items.The landlord must exercise reasonable care over the tenant’s belongings and keep them in a safe place,but is not responsible for damage or loss not caused by his or her neglect or deliberate action. If thetenant’s property is stored in the dwelling, storage charges may not exceed the rent. If the property is heldat a commercial storage company, the landlord may pass the moving and storage costs on to thetenant.99Holding a public saleTo hold a public sale, the landlord should post a written or printed public sale notice in three specificplaces within five miles of the location of the sale, not less than ten days prior to the sale. One of thenotices must be posted at the post office nearest the place of the sale.100The law does not specify what should be done with the sale proceeds, but presumably the landlord mayapply them to storage costs, the costs of holding the sale, and to any damages (such as unpaid rent) notsatisfied by the security deposit. The excess, if any, should be paid to the tenant. (If the tenant cannot belocated, the landlord may be required to pay the excess to the Department of Revenue under theunclaimed property law.101 Landlords in this situation may wish to consult an attorney.)A tenant cannot make claims against a landlord who has fairly exercised the landlord’s rights regardingabandonment. However, when a landlord deliberately or negligently violates the law governingabandonments, the tenant may sue for up to twice his or her actual damages.10299 AS 34.03.260(b).100 AS 34.03.260(e); AS 09.35.140.101 AS 34.45.102 AS 34.03.260(d).PUB-30 (12/08) 26Serving a Notice To QuitNotices of Termination of Tenancy (also called “Notices to Quit”) from the landlord must be served on thetenant by:• delivering the notice in person to the tenant or occupant;• leaving the notice at the dwelling when the tenant is absent from the premises; or• sending the notice by registered or certified mail.103A Notice to Quit must:104• be in writing,• say why the tenancy is being terminated,• give the date and time when the tenancy will end and the tenant must be gone,• give the tenant the required number of days allowed by law to move out,• if the termination is based on a tenant’s breach or violation of the rental agreement and the breachmay be corrected by the tenant, the notice must specify what corrective actions the tenant must taketo remedy the violation and the date and time when the corrective action must be completed to avoidtermination of the tenancy, and• give notice that if the tenant continues to occupy the dwelling after the termination date the landlordmay sue to remove the tenant.Once the tenant receives a Notice to Quit from the landlord, he or she may move at any time during thenotice period. The tenant owes rent until the end of the notice period.If a tenant who is served with a Notice to Quit does not wish to move, he or she should not simply refuseto see or speak to the landlord. It is important to take immediate action.To challenge a termination of tenancy, a tenant may want to:• give the landlord a letter explaining why the tenant disagrees with the landlord’s reasons for eviction,• give the letter to the landlord before the notice expires; and• consult an attorney, or if low income, contact Alaska Legal Services.When the landlord receives this letter, the landlord may choose whether to go to court to enforce evictionor just drop the matter. If the landlord goes to court, a judge will give both the landlord and the tenant anopportunity to present their case before making a decision.Foreclosure problemsWhen a landlord misses mortgage payments on the rental property, tenants may receive demands fromthe lender that they pay rent to the lender rather than to the landlord. This is because mortgages or deedsof trust often give the lender the right to collect rents if the borrower defaults. But if the landlord continuesto demand that the tenant pay him or her, the tenant is placed in a very difficult position. A tenant whopays rent to the party who is not legally entitled to it could end up paying twice.Tenants experiencing conflicting demands should get written proof from the lender that the lender isentitled to collect the rent. They might also try to get an assurance that the lender will defend themagainst eviction attempts by the landlord.103 AS 09.45.100.104 AS 09.45.105.PUB-30 (12/08) 27Tenants who find themselves in this situation may wish to consult an attorney. An arrangement may beable to be made in which the rent is paid into court or into a special account. The landlord and the lendercan then fight it out to determine who is entitled to the rent.Notice after foreclosureSometimes, when the rental property has been sold in a foreclosure sale, the new owner (usually thelender) serves a notice to quit on the tenants demanding that they move within a short period of time(such as ten days). The law is not completely clear on how foreclosure sales affect residential rentalagreements.Lenders who take over property have argued that if a lender has given a tenant proper notice of theforeclosure, a foreclosure sale wipes out a tenant’s right to stay in the dwelling for the remainder of awritten lease, and even reduces or eliminates a month-to-month tenant’s right to 30 days notice oftermination. This is because the law gives the purchaser at a foreclosure sale the right to possession ofthe property.105 The Alaska Supreme Court appears to agree with this position.106Absent an agreement with the foreclosure purchaser, the tenant’s right to remain is in question. Tenantsin this position should consult an attorney.The amount of notice a foreclosing lender must provide a tenant is unclear. At a minimum, a tenantwhose lease or rental agreement is wiped out by foreclosure should be entitled to a reasonable period oftime to move. Since most notice periods in the Landlord and Tenant Act are at least seven days, itappears that this is the minimum amount of notice a foreclosure purchaser should give a tenant beforefiling an eviction case against them.A tenant may have greater protection under HUD regulations than under state law depending upon thesituation, the loan, and the building. Also, the tenant who is not provided with a notice with regard to aforeclosure sale probably has a greater right to stay than one who is provided actual notice of the sale.Again, it is wise for tenants in this situation to consult an attorney.Lockouts, utility shut-offs and threatsA landlord may not coerce a tenant to move by:• shutting off utilities,• changing the locks,• taking the tenant’s belongings, or• taking possession of the dwelling by force without a court hearing.These actions are unlawful even if the rental agreement says that the tenant waives notice and evictionprocedures, since the Landlord and Tenant Act prohibits waivers of a tenant’s rights.107If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishesservices, the tenant may sue the landlord to regain possession of the premises or terminate the rentalagreement. In either case, the tenant may recover up to 1-1/2 times actual damages.108Using a charge or threat of criminal trespass against tenants in order to evict them without the benefit of acourt hearing is an abuse of the law. Police who participate in such an action may be guilty of officialmisconduct.109 In such cases, tenants may sue both the landlord and the police for abusing the law.Tenants subjected to this treatment should see an attorney.105 AS 34.20.090(b).106 Winn v. Mannhalter, 708 P.2d 444 (Alaska 1985).107 AS 34.03.040(a)(1).108 AS 34.03.210.109 AS 11.56.850.PUB-30 (12/08) 28Subsidized housingIf you receive a housing subsidy or live in a federal or state housing project, you may have rights inaddition to those provided by state law. For example, if AHFC, Division of Public Housing pays part ofyour rent under the Section 8 program, your tenancy may be terminated only in accordance with yourlease. Contact your local AHFC, Division of Public Housing office for more information about specialrequirements.Retaliation by the landlordThe landlord may not retaliate (in the manner described here) against a tenant because:• the tenant complains to the landlord about his failure to perform the landlord’s responsibilities;• the tenant exercises his legal rights under the Alaska Landlord and Tenant Act;• the tenant organizes or joins a tenant union or similar organizations; or• the tenant complains to a government agency responsible for enforcement of governmental housing,wage, price or rent controls.The law prohibits retaliation by the landlord. This means the landlord cannot:• raise the rent;• decrease services (such as shutting off utilities); or• start or threaten to start an eviction proceeding against the tenant.110If a tenant feels that illegal retaliation has occurred, the tenant can move out or stay, and in either case,sue for as much as 1-1/2 times the actual damages.111When it’s NOT retaliationAn eviction proceeding is not considered illegal retaliation if the landlord (in good faith) acts because:• the tenant is behind in rent;• the landlord needs the dwelling vacant to make repairs needed to meet code requirements;• the tenant is using the place for illegal purposes;• the landlord wants to use the place for something other than a residential dwelling for at least sixmonths or for personal purposes;• the landlord wishes to substantially remodel or demolish the unit; or• the property is being sold and the new owner intends it for personal use, or intends to substantiallyremodel or demolish, or change it from rental use for at least six months.112A rent increase is not considered illegal retaliation if the landlord can show, in good faith:• a recent sizable increase in taxes or cost of maintaining the property (not including the cost ofrepairing something because of the tenant’s complaint);113110 AS 34.03.310(a); see, Vinson v. Hamilton, 854 P.2d 733, 736 (Alaska 1993).111 AS 34.03.310(b); AS 34.03.210.112 AS 34.03.310(c).113 AS 34.03.310(d)(1).PUB-30 (12/08) 29• that similar dwellings are being rented for a higher rate or, if there are no similar dwelling units, theproposed rent does not exceed the fair rental value of the dwelling;114 or• that the true costs of major improvements made to the property are being passed on to all tenantsfairly and equally.115If the tenant won’t moveIf the tenant refuses to move at the end of the period specified in the Notice to Quit, the landlord must goto court to evict. The landlord may NOT take over the rental dwelling by force or by locking out the tenant.The court refers to most eviction suits by landlords as “Forcible Entry and Detainer” (F.E.D.) cases.How F.E.D. cases workThe property owner files his or her claim with the court. The tenant receives a complaint and summons toappear in court. The tenant has twenty days to file an answer to the complaint.There will be two hearings. The first hearing will address who gets possession of the dwelling unit. Thesecond hearing, which will be scheduled by the court for a date after the first hearing, will determinewhether the property owner or tenant have any damages. At the second hearing both the property ownerand tenant have a right to present evidence of damages and the parties have a right to a jury trial.The first hearing (possession hearing) will be scheduled not more than 15 days after the case has beenfiled in court. The summons should be served on the tenant no less than 2 days before the day of thehearing.116At the hearing, both the property owner and the tenant will have an opportunity to tell their side of thestory to the judge. The property owner and tenant can raise defenses and counterclaims to the complaintat that time. There is no right to a jury trial at the possession hearing.117If the judge finds in favor of the tenant, the tenant will be allowed to stay and the property owner may berequired to pay the tenant’s attorney fees.If the judge finds in favor of the property owner, the tenant will be served a court order to vacate. Thejudge will decide how long the tenant has before he or she must be out of the rental unit. If the tenant stilldoes not move, the property owner can get a writ of assistance from the court that will permit the police toassist in the eviction. In addition, the tenant may be required to pay the property owner’s attorney fees.F.E.D. cases are usually handled by district court. For more information on eviction procedures, see AS09.45.060-AS 09.45.160, Forcible Entry and Detainer, and Civil Rule 85 of the Alaska Rules of Court.More specific answers to questions on F.E.D.s may be found in a booklet prepared by the AdministrativeOffice of the Alaska Court System. Inquire at your local court or magistrate’s office or atwww.state.ak.us/courts/civ-720.htm.Tenants may have a legal defense or claim against the property owner which could prevent an eviction. Ifthey do not want to be evicted, tenants must act quickly and should see an attorney.When a problem arises . . .When landlords and tenants disagree, sometimes tempers flare and things are said or done which aretotally outside the law. Sometimes the disagreement can be easily resolved if the parties just talk andlisten to one another. But if you cannot resolve your disagreement, remember that each party has a legalobligation to act in good faith,118118 which means that all actions must be taken in an honest, reasonableand forthright manner.114 AS 34.03.310(d)(3).115 AS 34.03.310(d)(2).116 Alaska R. Civ. P. 85(a)(2).117 Vinson v. Hamilton, 854 P.2d 733, 737 (Alaska 1993).118 AS 34.03.320.PUB-30 (12/08) 30PUB-30 (12/08) 31Follow these suggestions:• Try to remain calm. Do everything possible to prevent the situation from getting worse.• Gather your facts and put them in writing.• Pay careful attention to the sections of the law requiring written notices and specifying the number ofdays allowed for landlords and tenants to remedy problem situations.• Present your position to the other party in writing, clearly stating what you want to change and whatyou will do if the situation does not change.The rental of dwelling is a business, and as in any business, both parties should conduct themselves in afair, honest manner.There are not many agencies that will mediate landlord/tenant disputes, and problems are usually notserious enough to justify hiring a lawyer or going to court.Most landlord and tenant problems can be satisfactorily settled if both parties simply act “in good faith.”If serious problems arise, it is always advisable to see a lawyer. But first, give the other person a chanceto try to work it out with you.Where to go for help• Low-income tenants may call Alaska Legal Services for help. If your landlord is trying to evict you, besure you mention the eviction when you call Alaska Legal Services:Anchorage .............................................272-9431(Toll free - 1 800 478-2230)Bethel ....................................................543-2237(Toll free - 1 800 478-2230)Dillingham .............................................842-1452(Toll free - 1 888 391-1475)Fairbanks ..............................................452-5181(Toll free - 1 800 478-5401)Juneau ..................................................586-6425(Toll free - 1 800 789-6426)Ketchikan ..............................................225-6420Kotzebue ...............................................442-3500(Toll free - 1 877 622-9797)Nome ....................................................443-2230(Toll Free – 1 888 495-6663)• If you need a lawyer but do not qualify for Alaska Legal Services, call the statewide lawyer referralservice in Anchorage at (1 800) 770-9999. They may be able to refer you to a lawyer in your area.• To file a claim for damages of $7,500 or less without a lawyer, you can file in Small Claims Court. Seethe clerk or magistrate at your local courthouse and ask for their publication, Alaska Small ClaimsHandbook. Information on filing Small Claims actions is also available from the Alaska CourtSystem’s web page at www.state.ak.us/courts/forms.htm#sc.• To report a licensed property manager who has violated the law, or an unlicensed individualunlawfully acting as a property manager, contact the licensing investigator for the Alaska Real EstateCommission at (907) 269-8160.• To file a complaint regarding illegal discrimination, contact the Equal Rights Commission in yourcommunity or the Alaska State Commission for Human Rights. The Commission’s statewidecomplaint hot line is (800) 478-4692 (toll free). TTY/TDD: (800) 478-3177 (toll free). Complaints inAnchorage may call 274-4692.• For complaints about federal housing projects, call HUD (U.S. Department of Housing and UrbanDevelopment) at (907) 271-4663.• For complaints about state housing programs, call AHFC, Division of Public Housing at (907) 338-6100.• Some Alaska communities have tenants’ unions, tenant advocacy organizations, landlordassociations, or similar groups that can help you. Check your telephone book for local organizations.PUB-30 (12/08) 32PUB-30 (12/08) 33Sample notice formsNotices to landlords or property managers:Notice to landlord of termination of month-to-month tenancy...............................................................34Notice to landlord of termination of week-to-week tenancy .................................................................35Notice to landlord of defects in essential services ...............................................................................36Notice to landlord of need for repairs and deduction from rent ............................................................37Notice to landlord of termination of tenancy for violation of rental agreement or law ......................... 38Notice to tenants:Notice to tenant of termination of month-to-month tenancy (Notice to Quit) .......................................39Notice to tenant of termination of week-to-week tenancy (Notice to Quit) ...........................................40Notice to tenant of termination of tenancy for nonpayment of rent.......................................................41Notice to tenant of termination of tenancy for nonpayment of utilities .................................................42Notice to tenant of termination of tenancy for nonpayment of utilities (recurrence within sixmonths) ................................................................................................................................................43Notice to tenant of termination of tenancy for violation of agreement/law ...........................................44Notice to tenant of termination of tenancy for intentional damage to dwelling ....................................45Notice to tenant of increase in rent ......................................................................................................46Notice to tenant of termination of tenancy for illegal activity on the premises or use of premises forillegal purpose .....................................................................................................................................47Landlord’s Security Deposit Offset Statement .....................................................................................48SAMPLENOTICE TO LANDLORDOF TERMINATION OF MONTH-TO-MONTH TENANCYTo:(Landlord) (Date)Re:(Address of rental unit)(City, State)You are notified that I am terminating my tenancy effective on the rental due date at least 30 days from the date you receive this notice.I will move out by the day of , 20 .Please send my security deposit of $ , or an explanation of how it was used, to my new address:(Tenant’s Name)(Tenant’s New Address)(City, State)I understand that the law requires that my deposit be returned or accounted for within 14 days of the termination of my tenancy and theday I move.Signed:(Tenant)Tenant’s Record of ServiceInstructions: Serve a copy of this notice on the landlord. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Landlord acknowledges receipt of this notice on .(Date) (Landlord/Property Manager’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the landlord. I knocked on the door, but no one answered. I believed the landlord was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ I mailed a copy of this notice to landlord’s address at , on the day of, 20 . (Address)❐ Landlord was served by registered or certified mail. (I have retained the receipt.)Date:________ Signature:___________________________ Print Name:Keep a copy of this notice.PUB-30 (12/08) 34SAMPLENOTICE TO LANDLORDOF TERMINATION OF WEEK-TO-WEEK TENANCYTo:(Landlord) (Date)Re:(Address of rental unit)(City, State)You are notified that I am terminating my tenancy effective fourteen (14) days from the date you receive this notice. I will move out bythe day of , 20 .Please send my security deposit of $ , or an explanation of how it was used, to my new address:(Tenant’s Name)(Tenant’s New Address)(City, State)I understand that the law requires that my deposit be returned or accounted for within 14 days of the termination of my tenancy and theday I move.Signed:(Tenant)Tenant’s Record of ServiceInstructions: Serve a copy of this notice on the landlord. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Landlord acknowledges receipt of this notice on .(Date) (Landlord/Property Manager’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the landlord. I knocked on the door, but no one answered. I believed the landlord was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ I mailed a copy of this notice to landlord’s address aton the day of , 20 . (Address)❐ Landlord was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 35SAMPLENOTICE TO LANDLORDOF DEFECTS IN ESSENTIAL SERVICESTo:(Landlord) (Date)Re:(Address of rental unit)(City, State)You are notified that you are failing to provide (water/hot water/heat/sewer service/other essential services) at the address listed above, asrequired by law. I did not cause these problems, nor did my family or guests. These are the specific defects:If you do not fix the defect IMMEDIATELY, I have a right to:1. have it fixed and deduct the cost from my rent,2. sue you for damages based on the diminution in fair rental value of the dwelling, or3. move into substitute housing, stop paying rent until the essential services are restored, and hold you responsible for the amountby which the cost of the substitute housing exceeds my rent.Signed:(Tenant)Tenant’s Record of ServiceInstructions: Serve a copy of this notice on the landlord. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Landlord acknowledges receipt of this notice on .(Date) (Landlord/Property Manager’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the landlord. I knocked on the door, but no one answered. I believed the landlord was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ I mailed a copy of this notice to landlord’s address at , on the dayof , 20 . (Address)❐ Landlord was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 36SAMPLENOTICE TO LANDLORDOF NEED FOR REPAIRS AND DEDUCTION FROM RENTTo:(Landlord) (Date)Re:(Address of rental unit)(City, State)You are notified that in my rental unit the following essential services are in need of repair:I did not cause these problems, nor did my family or guests.If you do not repair these problems by , I will arrange for the repairs myself, and will deduct the cost of therepairs from my rent, as I am permitted to do under AS 34.03.180.Signed:(Tenant)Tenant’s Record of ServiceInstructions: Serve a copy of this notice on the landlord. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Landlord acknowledges receipt of this notice on .(Date) (Landlord/Property Manager’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the landlord. I knocked on the door, but no one answered. I believed the landlord was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ I mailed a copy of this notice to landlord’s address at , on theday of , 20 . (Address)❐ Landlord was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 37SAMPLENOTICE TO LANDLORDOF TERMINATION OF TENANCY FOR VIOLATION OFRENTAL AGREEMENT OR LAWTo:(Landlord) (Date)Re:(Address of rental unit)(City, State)You are notified, pursuant to AS 34.03.160, that you have seriously violated your agreement with me or your duties under the law. Theseare the specific violations:If you do not remedy these violation(s) within TEN DAYS after you receive this notice, my tenancy will terminate on , which isat least TWENTY DAYS from the date you receive this notice.Please send my security deposit, or an explanation of how it was used, to my new address:According to AS 34.03.070, my deposit must be returned or accounted for within 14 days of termination of the tenancy and the date Imove. Otherwise, the law provides that I may recover twice the actual amount withheld.Signed:(Tenant)Tenant’s Record of ServiceInstructions: Serve a copy of this notice on the landlord. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Landlord acknowledges receipt of this notice on .(Date) (Landlord/Property Manager’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the landlord. I knocked on the door, but no one answered. I believed the landlord was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ I mailed a copy of this notice to landlord’s address at ,on the day of , 20 . (Address)❐ Landlord was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 38SAMPLENOTICE TO TENANTOF TERMINATION OF MONTH-TO-MONTH TENANCY(NOTICE TO QUIT)To:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that your tenancy is terminated and that you must move from the address above by the rental due date at least 30 days fromthe date you receive this notice. You must be moved out of the dwelling place by the day of ,20 , at o’clock a.m./p.m.The reason for terminating the tenancy is:If you are not gone by , a lawsuit may be filed to evict you.(Date)Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at o’clock a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 39SAMPLENOTICE TO TENANTOF TERMINATION OF WEEK-TO-WEEK TENANCY(NOTICE TO QUIT)To:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that your tenancy is terminated and that you must move from the address above by the rental due date at least 14 days fromthe date you receive this notice. You must be moved out of the dwelling place by the day of , 20___, ato’clock a.m./p.m.The reason for terminating the tenancy is:If you are not gone by , a lawsuit may be filed to evict you.(Date)Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 40SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORNONPAYMENT OF RENTTo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that you owe rent in the amount of $ . If you do not pay this rent within SEVEN DAYS of the day youreceive this notice, your tenancy is terminated and you must move.If you have not paid your rent or moved out of the dwelling by the day of , 20 , at o’clock, alawsuit may be filed to evict you.If you deliver your rent to me on or before the end of the SEVEN-DAY period, you may stay and the tenancy will not terminated.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 41SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORNONPAYMENT OF UTILITIESTo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that you have violated your rental agreement by failing to pay utility bills toin the amount of $ . This delinquency has caused the utilitycompany to shut off the service to the rental property.You are notified that your tenancy is therefore terminated FIVE DAYS from the date you receive this notice, which means that you mustmove out by the day of , 20 , at o’clock a.m./p.m.If you deliver to me within THREE DAYS of the day you receive this notice $ , (which is the amount I had to pay to havethe service restored to the unit), and as long as the unit was not damaged due to the discontinuation of service, you may stay and thetenancy does not terminate.If this violation occurs again within 6 months, you may not have an opportunity to cure.If you have not paid this amount or moved out by the day of , 20 , at o’clock a.m./p.m. alawsuit may be filed to evict you.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 42SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORNONPAYMENT OF UTILITIES(Recurrence within six months)To:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that you have again violated your rental agreement by failing to pay utility bills. This delinquency has caused the utilitycompany to shut off the service to the rental property.I have already notified you of another occurrence of this violation on the day of 20 , which is within the past sixmonths. Therefore, per AS 34.03.220(e), you are notified that your tenancy is terminated THREE DAYS from the date you receive thisnotice, which means that you must move out by the day of , 20 , at o’clock a.m./p.m.If you have not moved out by that time, a lawsuit may be filed to evict you.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of , 20 .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 43SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORVIOLATION OF AGREEMENT/LAWTo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that you have seriously violated your rental agreement with me or your duties under the law. The violation(s) is/arespecifically as follows:If you do not remedy the violation(s) listed above by:(explanation of remedial action to be taken by tenant to correct violation)within TEN DAYS of the date you receive this notice, your tenancy will terminate, and you must move. Failure to remedy the violationslisted here will mean that you must move out by the day of , 20 , at o’clock a.m./p.m.If you have not remedied the problem(s) and have not moved out by the date above, a lawsuit may be filed to evict you. If you remedy theproblem(s) within ten days, you may stay.If the same problem occurs again within 6 months, you may be given a notice to terminate the tenancy and you will not be given anopportunity to fix the problem.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of , 20 .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 44SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORINTENTIONAL DAMAGE TO DWELLINGTo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You have deliberately inflicted substantial damage (loss, destruction or defacement exceeding $400) to the above premises as follows:Therefore, you are hereby notified that your tenancy is terminated and you must move from the address listed above by the day of, 20 (not less than 24 hours after service of the notice), at o’clock a.m./p.m. If you are not gone by that time,a lawsuit may be filed to evict you.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of , 20 .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 45SAMPLENOTICE TO TENANTOF INCREASE IN RENTTo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You are notified that your rent will increase to $ per month effective on the rental due date at least 30 days from the date youreceive this notice. Your rent is due on the day of each month, so this increase will take effect on ,20 .You may elect to either accept this increase or move. If you choose to move, you must provide me a written notice of termination of thetenancy at least 30 days prior to the rental due date when you plan to move.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of , 20 .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 46SAMPLENOTICE TO TENANTOF TERMINATION OF TENANCY FORILLEGAL ACTIVITY ON THE PREMISES ORUSE OF PREMISES FOR ILLEGAL PURPOSETo:(Tenant) (Date)Re:(Address of rental unit)(City, State)You have violated the law and/or your rental agreement by engaging in an illegal activity on the premises (such as prostitution, gambling,illegal activity involving a controlled substance) or by using the premises for an illegal purpose at the address listed above as follows:Pursuant to AS 09.45.090(a)(2)(G), you are hereby notified that your tenancy is terminated on the day of , 20 , ato’clock, a.m./p.m. (which is not less than 5 days from the date of this Notice is served on you), and you must move from thepremises not later than this date and time. If you have not moved by the date and time indicated on this notice, a lawsuit may be filed toevict you.Signed:(Landlord/Property Manager)Landlord’s Record of ServiceInstructions: Serve a copy of this notice on the tenant. Immediately fill out this section to describe how service was accomplished.Complete all statements that apply. Keep the completed original.❐ Tenant acknowledges receipt of this notice on the day of , 20 .(Tenant’s Signature)❐ This notice was personally served on by the undersigned on .(Name) (Date)❐ I attempted to make personal service on the tenant. I knocked on the door, but no one answered. I believed the tenant was absent,so I securely affixed the notice to the entry door of the premises.This was done on the day of , 20 at a.m./p.m.❐ Tenant was served by registered or certified mail. (I have retained the receipt.)Date: Signature: Print Name:Keep a copy of this notice.PUB-30 (12/08) 47Landlord’s Security Deposit Offset StatementTo: From:(Tenant) (Landlord)(Address) (Address)This statement concerns the following premises:Description:(house, 4-plex, apartment building, trailer, trailer space, etc.)Location:(street address, apartment number, city and state)This statement is made pursuant to AS 34.03.070(b). It accurately sets forth the amount of rent due and is an itemization of damages tothe premises.Date of tenant’s departure from premises:Amount of tenant deposit: $Offset for rent due landlord $Offset for damages to premises $Itemize the offsets below: (attach continuation sheets as necessary)TOTAL OFFSETS (if any) $AMOUNT DUE TENANT, IF ANY (check enclosed) $Signature:(Date) Print Title:Instructions: Provide or serve a copy of this statement to tenant at checkout or thereafter, or mail to tenant’s last known address within 14days of tenant’s departure. Immediately make a notation of service or mailing on the retained original and copies of thisstatement. Complete all that apply.❐ Tenant acknowledges receipt of this statement on .(Date) (Tenant Signature)❐ This statement was personally served on by the(Name of Tenant)undersigned on .(Date)❐ This statement has been mailed to tenant at tenant’s last known address which is set forth above. It was mailed on .Signature:(Date) Print Name:PUB-30 (12/08) 48

 

 

AS 34.03The UniformResidentialLandlord andTenant ActThe Alaska laws governing landlord and tenant rights and obligations reproduced here are fromthe 2008 Alaska Statutes. Laws are subject to revision by the legislature. It is your responsibilityto check for any amendments to the Alaska Statutes by visiting the Alaska Legislature websiteat www.legis.state.ak.us/folhome.htm, contacting your nearest Legislative Information Office,or going to your local public or law library.2008 Alaska Statutes 1Chapter 34.03UNIFORM RESIDENTIAL LANDLORD AND TENANT ACTArticle 01Purposes and Rules of ConstructionSec. 34.03.010. Purpose and construction.(a) This chapter shall be liberally construed and applied to promote its underlying purposes andpolicies.(b) The underlying purposes and policies of this chapter are to(1) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and therights and obligations of landlord and tenant;(2) encourage landlord and tenant to maintain and improve the quality of housing; and(3) make uniform the law among those states that enact it.Article 02Rental AgreementsSec. 34.03.020. Terms and conditions of rental agreement.(a) The landlord and tenant may include in a rental agreement clauses and conditions notprohibited by this chapter or by law, including rent, terms of agreement, and other provisions governingthe rights and obligations of the parties.(b) In the absence of agreement, the tenant shall pay as rent the fair rental value for the use andoccupancy of the dwelling unit.(c) Rent shall be payable without demand or notice at the time and place agreed upon by theparties. Unless otherwise agreed, rent is payable at the dwelling unit. Unless otherwise agreed, rent ispayable at the beginning of any term of one month or less and otherwise in equal monthly installments.Unless otherwise agreed, rent shall be uniformly apportionable from day to day and shall be paid on thedate the periodic tenancy begins and payable on or before the same date of each and every monththereafter until the tenancy terminates.(d) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in the caseof a tenant who pays weekly rent, and in all other cases month to month.(e) If required by the landlord, the landlord and the tenant shall include within the rental agreement,incorporate by reference in the rental agreement, or add as a separate attachment to the rentalagreement a premises condition statement, setting out the condition of the premises, including fixturesbut excluding reference to any of the other contents of the premises, and, if applicable, a contentsinventory itemizing or describing all of the furnishings and other contents of the premises and specifyingthe condition of each of them. In the premises condition statement and contents inventory, the partiesshall describe the premises and its contents at the commencement of the term of the period of theoccupancy covered by the rental agreement. When signed by the parties, the premises conditionstatement and contents inventory completed under this subsection become part of the rental agreement.Sec. 34.03.030. Effect of unsigned or undelivered rental agreement.(a) If the landlord does not sign and deliver a written rental agreement signed and delivered to thelandlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreementthe same effect as if it had been signed and delivered by the landlord.(b) If the tenant does not sign and deliver a written rental agreement signed and delivered to thetenant by the landlord, acceptance of possession and payment of rent without reservation gives the rentalagreement the same effect as if it had been signed and delivered by the tenant.(c) If a rental agreement given effect by the operation of this section provides for a term longer thanone year, it is effective only for one year.Sec. 34.03.040. Prohibited provisions in rental agreements.(a) A rental agreement may not provide that the tenant or landlord(1) agrees to waive or to forego rights or remedies under this chapter;2008 Alaska Statutes 2(2) authorizes a person to confess judgment on a claim arising out of the rental agreement;(3) agrees to the exculpation or limitation of any liability of the landlord or tenant arising under thelaw or to indemnify the landlord or tenant for that liability or the costs connected with it;(4) agrees to pay the landlord's attorney fees.(b) A provision prohibited by (a) or (c) of this section included in a rental agreement isunenforceable. If a landlord or tenant wilfully uses a rental agreement containing provisions known by theperson to be prohibited, the other party may recover the amount of actual damages.(c) A rental agreement between a mobile home park operator and a mobile home park tenant maynot(1) deny a tenant of a mobile home park the right to sell the tenant's mobile home within the park orrequire the resident or tenant to remove the mobile home from the park solely on the basis of the sale ofthe mobile home, nor may the mobile home park operator make a rule or regulation to the same effect,except that, within 30 days of written notice by the tenant of intent to sell the mobile home to a specifiedbuyer, the operator or owner of the mobile home park may refuse to allow a sale for the followingreasons:(A) the mobile home is in violation of laws or ordinances relating to health, safety or welfare;(B) the proposed buyer refuses to assume the same terms as are in the existing rental agreement;or(C) the proposed buyer does not have sufficient financial responsibility;(2) require a tenant to provide permanent improvements that become a part of the real property ofthe mobile home park owner or operator as a condition of tenancy in the mobile home park; however, therental agreement may require the tenant to maintain existing conditions in the park;(3) require payment of any type of vendor or transfer fee either by a tenant in the mobile home parkdesiring to sell the tenant's mobile home to another party or by any party desiring to purchase a mobilehome from a tenant in the park as a condition of tenancy; however, this paragraph does not prevent theowner or operator from applying normal park standards to prospective tenants before granting or denyingtenancy or from charging a reasonable vendor or transfer fee for services actually performed if the tenantis notified in writing of the amount of those charges before agreeing to move into the park; or(4) require the prospective tenant to pay a fee to enter the mobile home park or a tenant to pay afee to transfer the tenant's mobile home to another location outside the park; however, this paragraphdoes not prevent the owner or operator from charging a reasonable fee for services actually performedand if the tenant is notified in writing of the amount of those charges before agreeing to move into thepark.Sec. 34.03.050. Separation of rents and obligations to maintain property forbidden.A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit thereceipt of rent free of the obligation to comply with AS 34.03.100 (a).Sec. 34.03.060. Sublease and assignment.(a) Unless otherwise agreed in writing, the tenant may not sublet the premises or assign the rentalagreement to another without the landlord's consent.(b) The tenant's right to sublease the premises or assign the rental agreement to another shall beconditioned on obtaining the landlord's consent, which may be withheld only upon the grounds specifiedin (d) of this section; no further restrictions on sublease or assignment are enforceable.(c) When the rental agreement requires the landlord's consent for sublease or assignment, thetenant may secure one or more persons who are willing to occupy the premises. Each prospectiveoccupant shall make a written offer signed and delivered by the prospective occupant to the landlord,containing the following information on the prospective occupant:(1) name, age, and present address;(2) marital status;(3) occupation, place of employment, and name and address of employer;(4) number of all other persons who would normally reside with the prospective occupant;(5) two credit references, or responsible persons who will confirm the financial responsibility of theprospective occupant; and(6) names and addresses of all landlords of the prospective occupant during the prior three years.(d) Within 14 days after the written offer has been delivered to the landlord, the landlord may refuseconsent to a sublease or assignment by a written rejection signed and delivered by the landlord to the2008 Alaska Statutes 3tenant, containing one or more of the following reasonable grounds for rejecting the prospectiveoccupant:(1) insufficient credit standing or financial responsibility;(2) number of persons in the household;(3) number of persons under 18 years of age in the household;(4) unwillingness of the prospective occupant to assume the same terms as are included in theexisting rental agreement;(5) proposed maintenance of pets;(6) proposed commercial activity; or(7) written information signed by a previous landlord, which shall accompany the rejection, settingout abuses of other premises occupied by the prospective occupant.(e) In the event the written rejection fails to contain one or more grounds permitted by (d) of thissection for rejecting the prospective occupant, the tenant may consider the landlord's consent given, or atthe tenant's option may terminate the rental agreement by a written notice given without unnecessarydelay to the landlord at least 30 days before the termination date specified in the notice.(f) If the landlord does not deliver a written rejection signed by the landlord to the tenant within 14days after a written offer has been delivered to the landlord by the tenant, the landlord's consent to thesublease or assignment shall be conclusively presumed.Article 03Landlord ObligationsSec. 34.03.070. Security deposits and prepaid rent.(a) A landlord may not demand or receive prepaid rent or a security deposit, however denominated,in an amount or value in excess of two months' periodic rent. This section does not apply to rental unitswhere the rent exceeds $2,000 a month.(b) Upon termination of the tenancy, property or money held by the landlord as prepaid rent or as asecurity deposit may be applied to the payment of accrued rent and the amount of damages that thelandlord has suffered by reason of the tenant's noncompliance with AS 34.03.120 . The accrued rent anddamages must be itemized by the landlord in a written notice mailed to the tenant's last known addresswithin the time limit prescribed by (g) of this section, together with the amount due the tenant. In thissubsection, "damages"(1) means deterioration of the premises and, if applicable, of the contents of the premises;(2) does not include deterioration(A) that is the result of the tenant's use of the premises by normal, nonabusive living;(B) caused by the landlord's failure to prepare for expected conditions or by the landlord's failure tocomply with an obligation of the landlord imposed by this chapter.(c) All money paid to the landlord by the tenant as prepaid rent or as a security deposit in a lease orrental agreement shall be promptly deposited by the landlord, wherever practicable, in a trust account in abank, savings and loan association, or licensed escrow agent, and the landlord shall provide to the tenantthe terms and conditions under which the prepaid rent or security deposit or portions of them may bewithheld by the landlord; nothing in this chapter prohibits the landlord from commingling prepaid rents andsecurity deposits in a single financial account.(d) If the landlord wilfully fails to comply with (b) of this section, the tenant may recover an amountnot to exceed twice the actual amount withheld.(e) This section does not preclude a landlord or tenant from recovering other damages to whicheither may be entitled under this chapter.(f) The holder of the landlord's interest in the premises at the time of the termination of the tenancyis bound by this section.(g) If the landlord or tenant gives notice that complies with AS 34.03.290, the landlord shall mail thewritten notice and refund required by (b) of this section within 14 days after the tenancy is terminated andpossession is delivered by the tenant. If the tenant does not give notice that complies with AS 34.03.290,the landlord shall mail the written notice and refund required by (b) of this section within 30 days after thetenancy is terminated, possession is delivered by the tenant, or the landlord becomes aware that thedwelling unit is abandoned. If the landlord does not know the mailing address of the tenant, but knows orhas reason to know how to contact the tenant to give the notice required by (b) of this section, thelandlord shall make a reasonable effort to deliver the notice and refund to the tenant.2008 Alaska Statutes 4Sec. 34.03.080. Disclosure.(a) The landlord or a person authorized to enter into a rental agreement on behalf of the landlordshall disclose to the tenant in writing at or before the commencement of the tenancy the name andaddress of(1) the person authorized to manage the premises; and(2) an owner of the premises or a person authorized to act for and on behalf of the owner for thepurpose of service of process and for the purpose of receiving and receipting for notices and demands.(b) The information required to be furnished by this section shall be kept current and this sectionextends to and is enforceable against any successor landlord, owner, or manager.(c) A person who fails to comply with (a) of this section becomes an agent of each person who is alandlord for the purpose of(1) service of process and receiving and receipting for notices and demands; and(2) performing the obligations of the landlord under this chapter and under the rental agreementand expending or making available for the purpose all rent collected from the premises.(d) A mobile home park operator shall disclose fully in writing all capital improvements that will berequired to be made by the tenant including but not limited to skirting or utility hook-ups, before enteringinto a rental agreement.Sec. 34.03.090. Landlord to supply possession of the dwelling unit.(a) At the commencement of the term the landlord shall deliver possession of the premises to thetenant in compliance with the rental agreement and AS 34.03.100. The landlord may, after serving anotice to quit under AS 09.45.100 - 09.45.105 to a person who is wrongfully in possession,(1) bring an action for possession against any person wrongfully in possession; and(2) recover the damages provided in AS 34.03.290.(b) As a condition of delivery of possession of the premises to the tenant, the landlord may requirethe tenant to acknowledge or verify by the tenant's signature the accuracy of the premises conditionstatement and contents inventory prepared under AS 34.03.020(e). Before requiring the tenant'ssignature, the landlord shall first advise the tenant that the premises condition statement and contentsinventory(1) may be used by the landlord as the basis(A) to determine whether prepaid rent or a security deposit shall be applied to the payment ofdamages to the premises when authorized by AS 34.03.070(b); and(B) to compute the recovery of other damages to which the parties may be entitled under thischapter; and(2) is, in an action initiated by a party to recover damages or to obtain other relief to which a partymay be entitled under this chapter, presumptive evidence of the condition of the premises and itscontents at the commencement of the term of the period of occupancy covered by the rental agreement.Sec. 34.03.100. Landlord to maintain fit premises.(a) The landlord shall(1) make all repairs and do whatever is necessary to put and keep the premises in a fit andhabitable condition;(2) keep all common areas of the premises in a clean and safe condition;(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating,ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied orrequired to be supplied by the landlord;(4) provide and maintain appropriate receptacles and conveniences for the removal of ashes,garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for theirremoval;(5) supply running water and reasonable amounts of hot water and heat at all times, insofar asenergy conditions permit, except where the building that includes the dwelling unit is so constructed thatheat or hot water is generated by an installation within the exclusive control of the tenant and supplied bya direct public utility connection;(6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate toensure safety to the tenant's person and property; and(7) provide smoke detection devices and carbon monoxide detection devices as required under AS18.70.095 .2008 Alaska Statutes 5(b) A landlord of a single family residence located in an undeveloped rural area or located wherepublic sewer or water service has never been connected is not liable for a breach of (a)(3) or (5) of thissection if the dwelling unit at the beginning of the rental agreement did not have running water, hot water,sewage, or sanitary facilities from a private system.(c) The landlord and tenant of a one- or two-family residence may agree in writing that the tenantperform the landlord's duties specified in (a)(4), (5), (6), and (7) of this section. A tenant may agree toperform the duties specified in (a)(3) of this section in rental units where the rent exceeds $2,000 amonth. They may also agree in writing that the tenant perform specified repairs, maintenance tasks,alterations, and remodeling, but the tenant may not agree to maintain elevators in good and safe workingorder. Agreements are allowed under this subsection only if the transaction is entered into in good faithand not for the purpose of evading the obligations of the landlord.(d) The landlord and tenant of a dwelling unit other than a single family residence may agree thatthe tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if(1) the agreement of the parties is entered into in good faith and not for the purpose of evading theobligations of the landlord and is set out in a separate writing signed by the parties and supported byadequate consideration; and(2) the agreement does not diminish or affect the obligation of the landlord to other tenants in thepremises.(e) The landlord may not treat performance of a separate agreement described in (d) of this sectionas a condition to an obligation or performance of a rental agreement.Sec. 34.03.110. Limitation of liability.(a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subjectto a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rentalagreement and this chapter as to events occurring subsequent to written notice to the tenant of theconveyance. However,(1) the landlord remains liable to the tenant for the property and money to which the tenant isentitled under AS 34.03.070 , unless the property and money are specifically assigned to and acceptedby the purchaser; and(2) the provisions of(A) a premises condition statement prepared under AS 34.03.020 (e) between the landlord and thetenant remains valid as between the purchaser and the tenant until a new premises condition statement isentered into between the purchaser and the tenant; and(B) a contents inventory prepared under AS 34.03.020 (e) between the landlord and the tenantremains valid as between the purchaser and the tenant for the contents remaining on the premises afterthe conveyance of the premises until a new contents inventory is entered into between the purchaser andthe tenant.(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved ofliability under the rental agreement and this chapter as to events occurring after written notice to thetenant of the termination of the person's management.Sec. 34.03.115. [Renumbered as AS 34.05.025 ].Article 04Tenant ObligationsSec. 34.03.120. Tenant obligations.(a) The tenant(1) shall keep that part of the premises occupied and used by the tenant as clean and safe as thecondition of the premises permit;(2) shall dispose all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean andsafe manner;(3) shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as theircondition permits;(4) shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,air-conditioning, kitchen, and other facilities and appliances including elevators in the premises;(5) may not deliberately or negligently destroy, deface, damage, impair, or remove a part of thepremises or knowingly permit any person to do so;2008 Alaska Statutes 6(6) may not unreasonably disturb, or permit others on the premises with the tenant's consent tounreasonably disturb, a neighbor's peaceful enjoyment of the premises;(7) shall maintain smoke detection devices and carbon monoxide detection devices as requiredunder AS 18.70.095;(8) may not, except in an emergency when the landlord cannot be contacted after reasonable effortto do so, change the locks on doors of the premises without first securing the written agreement of thelandlord and, immediately after changing the locks, providing the landlord a set of keys to all doors forwhich locks have been changed; in an emergency, the tenant may change the locks and shall, within fivedays, provide the landlord a set of keys to all doors for which locks have been changed and written noticeof the change; and(9) may not unreasonably engage in conduct, or permit others on the premises to engage inconduct, that results in the imposition of a fee under a municipal ordinance adopted under AS 29.35.125.(b) The tenant may not knowingly engage at the premises in prostitution, an illegal activity involvinga place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involvinggambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activityinvolving an imitation controlled substance, or knowingly permit others in the premises to engage in oneor more of those activities at the rental premises.Sec. 34.03.130. Rules and regulations.(a) A landlord may adopt rules and regulations, which shall be posted prominently on the premises,concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable againstthe tenant only if(1) its purpose is to promote the convenience, safety, health, or welfare of the tenants in thepremises, preserve the landlord's property from abusive use, or make a fair distribution of services andfacilities held out for the tenants generally;(2) it is reasonably related to the purpose for which it is adopted;(3) it applies to all tenants in the premises in a fair manner;(4) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairlyinform the tenant of what the tenant must or must not do to comply;(5) it is not for the purpose of evading the obligations of the landlord; and(6) may not unreasonably disturb, or permit others on the premises with the tenant's consent tounreasonably disturb, a neighbor's peaceful enjoyment of the premises;(b) A rule or regulation adopted after the tenant enters into the rental agreement is enforceableagainst the tenant if reasonable notice of its adoption is given to the tenant and it does not work asubstantial modification of the rental agreement.Sec. 34.03.140. Access.(a) The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unitin order to inspect the premises, make necessary or agreed repairs, decorations, alterations, orimprovements, supply necessary or agreed services, remove personal property belonging to the landlordthat is not covered by a written rental agreement, or exhibit the dwelling unit to prospective or actualpurchasers, mortgagees, tenants, workers, or contractors.(b) The landlord may enter the dwelling unit without the consent of the tenant in the case ofemergency.(c) A landlord may not abuse the right of access or use it to harass the tenant. Except in case ofemergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice ofintention to enter and may enter only at reasonable times and with the tenant's consent.(d) The landlord does not have a right of access to the dwelling unit(1) except(A) as permitted by this section;(B) by court order; or(C) as permitted by AS 34.03.230 (b); or(2) unless the tenant has abandoned or surrendered the premises.Sec. 34.03.150. Tenant to use and occupy.Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rentalagreement shall require that the tenant notify the landlord of an anticipated extended absence from the2008 Alaska Statutes 7premises in excess of seven days; however, the notice shall be given as soon as reasonably possibleafter the tenant knows the absence will exceed seven days.Article 05Tenant RemediesSec. 34.03.160. Noncompliance by the landlord: General.(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with therental agreement or a noncompliance with AS 34.03.100 materially affecting health and safety, the tenantmay deliver a written notice to the landlord specifying the acts and omissions constituting the breach andspecifying that the rental agreement will terminate upon a date not less than 20 days after receipt of thenotice if the breach is not remedied in 10 days, and the rental agreement shall terminate as provided inthe notice subject to the provisions of this section. If the breach is remediable by repairs or the paymentof damages or otherwise, and the landlord remedies the breach before the date specified in the notice,the rental agreement will not terminate. In the absence of due care by the landlord, if substantially thesame act or omission that constituted a prior noncompliance of which notice was given recurs within sixmonths, the tenant may terminate the rental agreement upon at least 10 days written notice specifying thebreach and the date of termination of the rental agreement. The tenant may not terminate for a conditioncaused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, orother person on the premises with the tenant's consent.(b) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relieffor any noncompliance by the landlord with the rental agreement or AS 34.03.100 , 34.03.210, or34.03.280.(c) The remedy provided in (b) of this section is in addition to a right of the tenant under (a) of thissection.(d) If the rental agreement is terminated, the landlord shall return all prepaid rent or securitydeposits recoverable by the tenant under AS 34.03.070 .Sec. 34.03.170. Failure to deliver possession.(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in AS34.03.090 , rent abates until possession is delivered and the tenant may(1) upon at least 10 days written notice to the landlord terminate the rental agreement and upontermination the landlord shall return all prepaid rent and security deposits; or(2) demand performance of the rental agreement by the landlord and if the tenant elects, maintainan action for possession of the dwelling unit against the landlord and any person wrongfully in possessionand recover the damages sustained.(b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved tenant mayrecover from that person an amount not to exceed one and one-half times the actual damages.Sec. 34.03.180. Wrongful failure to supply heat, water, hot water or essential services.(a) If, contrary to the rental agreement or AS 34.03.100 , the landlord deliberately or negligently failsto supply running water, hot water, heat, sanitary facilities, or other essential services, the tenant maygive written notice to the landlord specifying the breach and may immediately(1) procure reasonable amounts of hot water, running water, heat, sanitary facilities, and essentialservices during the period of the landlord's noncompliance and deduct their actual and reasonable costfrom the rent;(2) recover damages based on the diminution in the fair rental value of the dwelling unit; or(3) procure reasonable substitute housing during the period of the landlord's noncompliance, inwhich case the tenant is excused from paying rent for the period of the landlord's noncompliance and, inaddition, may recover the amount by which the actual and reasonable cost exceeds rent.(b) A tenant who proceeds under this section may not proceed under AS 34.03.160 as to thatbreach.(c) Rights do not arise under this section until the tenant has given written notice to the landlord.Rights do not arise under this section if the condition was caused by the deliberate or negligent act oromission of the tenant, a member of the tenant's family, or other person on the premises with the tenant'sconsent.2008 Alaska Statutes 8Sec. 34.03.190. Landlord's noncompliance as defense to action for possession or rent.(a) In an action for possession based upon nonpayment of the rent or in an action for rent when thetenant is in possession, the tenant may counterclaim for any amount recoverable under the rentalagreement or this chapter. If a counterclaim is made, the court shall determine whether the defense issupported by the evidence and, if so, may order that(1) the periodic rent is to be reduced to reflect the diminution in value of the dwelling unit during theperiod of noncompliance;(2) the action be continued for a reasonable time to enable the landlord to cure the violation;(3) the tenant pay into court all or part of the rent accrued and thereafter accruing; if the violationshave not been cured within six months, the court shall enter judgment for the defendant and either refundto the defendant all money deposited or use the money for the purpose of making the dwelling fit forhuman habitation; if the violations have been cured, the court shall determine the amount due to eachparty; the party to whom a net amount is owed shall be paid first from the money paid into the court, andthe balance by the other party; if no rent remains due after application of this section, judgment shall beentered for the tenant in the action for possession;(4) the tenant vacate the dwelling during the making of necessary repairs, when the repairs cannotbe made without vacation of the premises, the tenant to be reinstated upon completion of the repairs.(b) In an action for rent where the tenant is not in possession, the tenant may counterclaim asprovided in (a) of this section but the tenant is not required to pay rent into court.Sec. 34.03.200. Fire or casualty damage.(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent thatenjoyment of the dwelling unit is substantially impaired, the tenant shall(1) immediately vacate the premises and notify the landlord of the intention to terminate the rentalagreement, in which case the rental agreement terminates as of the date of vacating; or(2) if continued occupancy is lawful, vacate the part of the dwelling unit rendered unusable by thefire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in thefair rental value of the dwelling unit.(b) If the rental agreement is terminated, the landlord shall return all prepaid rent and securitydeposits recoverable under AS 34.03.070 . Accounting for rent in the event of termination orapportionment shall occur as of the date of the casualty.Sec. 34.03.210. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes servicesto the tenant by interrupting or causing the interruption of electric, gas, water, sanitary, or other essentialservice to the tenant, the tenant may recover possession or terminate the rental agreement and, in eithercase, recover an amount not to exceed one and one-half times the actual damages. If the rentalagreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable bythe tenant under AS 34.03.070.Article 06Landlord RemediesSec. 34.03.220. Noncompliance with rental agreement: Failure to pay rent.(a) Except as provided in this chapter,(1) if the tenant or someone in the tenant's control deliberately inflicts substantial damage to thepremises in breach of AS 34.03.120(a)(5), the landlord may deliver a written notice to quit to the tenantunder AS 09.45.100 - 09.45.105 specifying the act constituting the breach and specifying that the rentalagreement will terminate upon a date that is not less than 24 hours after service of the notice; forpurposes of this paragraph, damage to premises is "substantial" if the loss, destruction, or defacement ofproperty attributable to the deliberate infliction of damage to the premises exceeds $400;(2) if there is a material noncompliance by the tenant with the rental agreement, or if there isnoncompliance with AS 34.03.120 , other than deliberate infliction of substantial damage to the premisesor other than noncompliance as to a utility service for which the provisions of (e) of this section apply,materially affecting health and safety, the landlord may deliver a written notice to quit to the tenant underAS 09.45.100 - 09.45.110 specifying the acts and omissions constituting the breach and specifying thatthe rental agreement will terminate upon a date not less than 10 days after service of the notice; if the2008 Alaska Statutes 9breach is not remedied, the rental agreement terminates as provided in the notice subject to theprovisions of this section; if the breach is remediable by repairs or the payment of damages or otherwiseand the tenant adequately remedies the breach before the date specified in the notice, the rentalagreement will not terminate; in the absence of due care by the tenant, if substantially the same act oromission that constituted a prior noncompliance of which notice was given recurs within six months, thelandlord may terminate the rental agreement upon at least five days written notice to quit specifying thebreach and the date of termination of the rental agreement.(b) If rent is unpaid when due and the tenant fails to pay rent in full within seven days after writtennotice by the landlord of nonpayment and the intention to terminate the rental agreement if the rent is notpaid within that period of time, the tenancy terminates unless the landlord agrees to allow the tenant toremain in occupancy, and the landlord may terminate the rental agreement and immediately recoverpossession of the rental unit. Only one written notice of default need be given the tenant by the landlordas to any one default. A landlord who has given written notice to the tenant under this subsection mayaccept a partial payment of the rent due under the rental agreement and extend the date for the evictionaccordingly.(c) Except as provided in this chapter, the landlord may recover actual damages and obtaininjunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.03.120.(d) An order of abatement entered by a court under AS 09.50.170 terminates a rental agreement onthe premises subject to the order of abatement.(e) If a public utility providing electricity, natural gas, or water to the premises occupied by thetenant discontinues the service to the premises due to the failure of the tenant to pay for the utilityservice, the landlord may deliver a written notice to quit to the tenant advising that, notwithstanding (a) ofthis section, the tenancy will terminate five days after the landlord's service of the notice. If, within threedays from the service of the notice, the tenant reinstates the discontinued service and repays the landlordfor any amounts paid by the landlord to reinstate service, and if damage did not occur to the rental unit asa result of the discontinuance of service, the rental agreement will not terminate. However, in the absenceof due care by the tenant, if substantially the same act or omission that constituted a prior noncomplianceunder this subsection for which notice was given recurs within six months, the landlord may terminate therental agreement upon at least three days' written notice specifying the breach and the date of terminationof the rental agreement.(f) A person whose use of premises is based solely on rights acquired by a tenant, and who has notindividually acquired the rights of a tenant under this chapter, does not acquire rights under this chapteras a result of being present on the premises.Sec. 34.03.225. Limitations on mobile home park operator's right to terminate.(a) A mobile home park operator may evict a mobile home or a mobile home park dweller or tenantonly for one of the following reasons:(1) the mobile home dweller or tenant has defaulted in the payment of rent owed;(2) the mobile home dweller or tenant has been convicted of violating a federal or state law or localordinance, and that violation is continuing and is detrimental to the health, safety, or welfare of otherdwellers or tenants in the mobile home park;(3) the mobile home dweller or tenant has violated a provision, enforceable under AS 34.03.130, ofthe rental agreement or lease signed by both parties and not prohibited by law including rent and theterms of agreement; and(4) a change in the use of the land comprising the mobile home park, or the portion of it on whichthe mobile home to be evicted is located; however, all dwellers or tenants so affected by a change in landuse shall be given at least 180 days' notice, or longer if a longer notice period is provided in a valid lease.(b) A mobile home park operator may not evict a mobile home or a mobile home park dweller ortenant because of the age of the mobile home, except that a mobile home or a mobile home park dwelleror tenant may be evicted if, when the mobile home was admitted to the mobile home park, a regulation ofthe mobile home park limiting the age of a mobile home in the mobile home park was in effect, the mobilehome is sold after the age limitation has been exceeded, and the owner or tenant of the mobile home hasfailed to bring the unit into compliance with the life safety requirements of 24 CFR Part 3280. This doesnot prohibit eviction for violation of a provision enforceable under AS 34.03.130 that requires that a mobilehome be in a fit and habitable condition.2008 Alaska Statutes 10(c) When, under (a) of this section, a mobile home park owner is required to give notice to evict amobile home owner or a mobile home park dweller or tenant, provision of notice to quit under AS09.45.100 - 09.45.105 satisfies the requirement of notice.Sec. 34.03.230. Remedies for absence, nonuse and abandonment.(a) When the rental agreement requires the tenant to give notice to the landlord of an anticipatedextended absence in excess of seven days as required in AS 34.03.150 and the tenant wilfully fails to doso, the landlord may recover an amount not to exceed one and one-half times the actual damages.(b) During an absence of the tenant in excess of seven days, the landlord may enter the dwellingunit at times reasonably necessary as provided in AS 34.03.140 . The landlord may reenter the dwellingunit and, if there is evidence that the tenant has abandoned the dwelling unit, unless the landlord andtenant have made a specific agreement to the contrary, the landlord may terminate the rental agreement.(c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at afair rental value. If the landlord rents the dwelling unit for a term beginning before the expiration of therental agreement, the agreement is considered terminated on the date the new tenancy begins. Therental agreement is considered terminated by the landlord on the date the landlord has notice of theabandonment if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental value orif the landlord accepts the abandonment as a surrender. If the tenancy is from month to month, or week toweek, the term of the rental agreement for purposes of this section shall be considered a month or aweek, as the case may be.Sec. 34.03.240. Waiver of landlord's right to terminate.Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenantthat varies from the terms of the rental agreement or rules or regulations subsequently adopted by thelandlord constitutes a waiver of the right of the landlord to terminate the rental agreement for that breach,unless otherwise agreed after the breach has occurred.Sec. 34.03.250. Landlord liens; distraint for rent abolished.(a) A lien or security interest on behalf of the landlord in the tenant's household goods is notenforceable unless perfected before March 19, 1974.(b) Distraint for rent is abolished.Sec. 34.03.260. Disposition of abandoned property.(a) Except as otherwise agreed, if, upon termination of a tenancy including but not limited to atermination after expiration of a lease or by surrender or abandonment of the premises, a tenant has leftpersonal property upon the premises, and the landlord reasonably believes that the tenant hasabandoned this personal property, the landlord may(1) give notice to the tenant demanding that the property be removed within the dates set out in thenotice but not less than 15 days after delivery or mailing of the notice, and that if the property is notremoved within the time specified, the property may be sold; if the property is not removed within the timespecified in the notice, the landlord may sell the property at a public sale; the landlord may dispose ofperishable commodities in any manner the landlord considers fit;(2) if the tenant has left personal property that is reasonably determined by the landlord to bevalueless or of such little value that the cost of storing and conducting a public sale would probablyexceed the amount that would be realized from the sale, the landlord may notify the tenant that theproperty be removed within the date specified in the notice but not less than 15 days after delivery ormailing of the notice, and that if the property is not removed within the time specified, the landlord intendsto destroy or otherwise dispose of the property; if the property is not removed within the time specified inthe notice, the landlord may destroy or otherwise dispose of the property; in the notice, the landlord shallindicate an election to sell certain items of the tenant's personal property at public sale and to destroy orotherwise dispose of the remainder.(b) After notice as provided in (a) of this section, the landlord shall store all personal property of thetenant in a place of safekeeping and shall exercise reasonable care of the property, but is not responsibleto the tenant for loss not caused by the landlord's deliberate or negligent act. The landlord may elect tostore the property on the premises previously demised, in which event the storage cost may not exceedthe fair rental value of the premises. If the tenant's property is removed to a commercial storagecompany, the storage cost shall include the actual charge for the storage and removal from the premisesto the place of storage.2008 Alaska Statutes 11(c) After landlord's notice under (a) of this section, or otherwise, if the tenant makes timely responsein writing of an intention to remove the personal property from the premises and does not do so within thetime specified in the landlord's notice or within 15 days of the delivery or mailing of the tenant's writtenresponse whichever is later, it shall be conclusively presumed that the tenant has abandoned theproperty. If the tenant removes the property after notice, the landlord is entitled to the cost of storage forthe period the property has remained in the landlord's safekeeping.(d) The landlord is not liable in damages in an action by a tenant claiming loss by reason of thelandlord's storage, destruction, or disposition of property under this section. A landlord who deliberately ornegligently violates the provisions of this section is liable for actual damages and penal damages of anamount not to exceed actual damages.(e) A public sale authorized under this section shall be conducted under AS 09.35.140 . Thelandlord may dispose of any property upon which no bid is made at the public sale.Sec. 34.03.270. Remedy after termination.If the rental agreement is terminated, the landlord may have a claim for possession and for rent and aseparate claim for actual damages for breach of the rental agreement.Sec. 34.03.280. Recovery of possession limited.A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilfuldiminution of services to the tenant by interrupting or causing the interruption of electricity, gas, water,sanitary, or other essential services to the tenant, except in case of abandonment, surrender,circumstances beyond the control of the landlord due to energy conditions, or as permitted in this chapter.Sec. 34.03.285. Service of process upon tenant.In an action for possession under this chapter, the summons and complaint shall be served under theprovisions of Rule No. 85 of the Rules of Civil Procedure. A continuance may not be granted plaintiff ordefendant except for good cause shown.Article 07Periodic Tenancy, Holdover and Abuse of AccessSec. 34.03.290. Periodic tenancy and holdover.(a) While rent is current, the landlord or the tenant may terminate a week to week tenancy by awritten notice given to the other at least 14 days before the termination date specified in the notice.(b) The landlord or the tenant may terminate a month to month tenancy by a written notice given tothe other at least 30 days before the rental due date specified in the notice.(c) If the tenant remains in possession without the landlord's consent after expiration of the term ofthe rental agreement or after its termination under (a) or (b) of this section, the landlord may, after servinga notice to quit to the tenant under AS 09.45.100 - 09.45.105, bring an action for possession and if thetenant's holdover is wilful and not in good faith the landlord, in addition, may recover an amount not toexceed one and one-half times the actual damages. If the landlord consents to the tenant's continuedoccupancy, AS 34.03.020 applies.Sec. 34.03.300. Landlord and tenant remedies for abuse of access.(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compelaccess or terminate the rental agreement. In either case, the landlord may recover an amount not toexceed the actual damages or one month's periodic rent, whichever is greater. If the landlord terminatesthe rental agreement, the landlord shall give written notice to the tenant at least 10 days before the datespecified in the notice.(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makesrepeated demands for entry otherwise lawful but which have the effect of unreasonably harassing thetenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate therental agreement. In either case, the tenant may recover an amount not to exceed the actual damages orone month's periodic rent, whichever is greater, court costs and reasonable attorney fees. If the tenantterminates the rental agreement, the tenant shall give written notice to the landlord at least 10 daysbefore the date specified in the notice.2008 Alaska Statutes 12Article 08Retaliatory ActionSec. 34.03.310. Retaliatory conduct prohibited.(a) Except as provided in (c) and (d) of this section, a landlord may not retaliate by increasing rentor decreasing services or by bringing or threatening to bring an action for possession after the tenant has(1) complained to the landlord of a violation of AS 34.03.100 ;(2) sought to enforce rights and remedies granted the tenant under this chapter;(3) organized or become a member of a tenant's union or similar organization; or(4) complained to a governmental agency responsible for enforcement of governmental housing,wage, price, or rent controls.(b) If the landlord acts in violation of (a) of this section, the tenant is entitled to the remediesprovided in AS 34.03.210 and has a defense in an action against the tenant for possession.(c) Notwithstanding (a) and (b) of this section, after serving a notice to quit to the tenant under AS09.45.100 - 09.45.105, a landlord may bring an action for possession if(1) the tenant is in default in rent;(2) compliance with the applicable building or housing code requires alteration, remodeling, ordemolition that would effectively deprive the tenant of use of the dwelling unit;(3) the tenant is committing waste or a nuisance, or is using the dwelling unit for an illegal purposeor for other than living or dwelling purposes in violation of the rental agreement;(4) the landlord seeks in good faith to recover possession of the dwelling unit for personalpurposes;(5) the landlord seeks in good faith to recover possession of the dwelling unit for the purpose ofsubstantially altering, remodeling, or demolishing the premises;(6) the landlord seeks in good faith to recover possession of the dwelling unit for the purpose ofimmediately terminating for at least six months use of the dwelling unit as a dwelling unit; or(7) the landlord has in good faith contracted to sell the property, and the contract of sale contains arepresentation by the purchaser corresponding to (4), (5) or (6) of this subsection.(d) Notwithstanding (a) of this section, the landlord may increase the rent if the landlord(1) has become liable for a substantial increase in property taxes, or a substantial increase in othermaintenance or operating costs not associated with compliance with the complaint or request, not lessthan four months before the demand for an increase in rent; and the increase in rent bears a reasonablerelationship to the net increase in taxes or costs;(2) has completed a capital improvement of the dwelling unit or the property of which it is a part andthe increase in rent does not exceed the amount that may be claimed for federal income tax purposes asa straight-line depreciation of the improvement, prorated among the dwelling units benefited by theimprovement;(3) can establish by competent evidence that the rent now demanded of the tenant does not exceedthe rent charged other tenants of similar dwelling units in the building or, in the case of a single-familyresidence or if there is no similar dwelling unit in the building, does not exceed the fair rental value of thedwelling unit.(e) Maintenance of the action under (c) of this section does not release the landlord from liabilityunder AS 34.03.160 (b).Article 09General ProvisionsSec. 34.03.320. Obligation of good faith.Every duty under this chapter and every act that must be performed as a condition precedent to theexercise of a right or remedy under this chapter imposes an obligation of good faith in its performance orenforcement. The aggrieved party has a duty to mitigate damages.Sec. 34.03.330. Application and exclusions.(a) This chapter applies to and determines rights, obligations and remedies under a rentalagreement, wherever made, for a dwelling unit in this state.(b) Unless created to avoid the application of this chapter, the following arrangements are notgoverned by this chapter:2008 Alaska Statutes 13(1) residence at an institution, public or private, if incidental to detention or the provision of medical,geriatric, educational, counseling, religious, or similar services;(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if theoccupant is the purchaser or a person who succeeds to the interest of a purchaser;(3) occupancy by a member of a fraternal or social organization in the portion of a structureoperated for the benefit of the organization;(4) transient occupancy in a hotel, motel, lodgings, or other transient facility;(5) occupancy by an employee of a landlord whose right to occupancy is conditioned uponemployment substantially for services, maintenance, or repair to the premises;(6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in acooperative;(7) occupancy under a rental agreement covering premises used by the occupant primarily foragricultural purposes;(8) occupancy under a rental agreement covering premises used as part of a transitional orsupportive housing program that is sponsored or operated by a public corporation or by a nonprofitcorporation and that provides shelter and related support services intended to improve the occupant'sopportunity to obtain permanent housing.Sec. 34.03.335. Proof of certain property damage claims.In an action initiated by a party to recover damages or to obtain other relief to which a party may beentitled under this chapter, a premises condition statement and contents inventory prepared under AS34.03.020(e) is presumptive evidence of the condition of the premises and its contents at thecommencement of the term of the period of occupancy covered by the rental agreement between theparties. Unless its authenticity is rebutted by clear and convincing evidence by the party against whomthe statement and contents inventory is offered, the statement and contents inventory may be offered bya party, without additional supporting evidence, as the basis on which to compute the recovery ofdamages to which the party may be entitled under this chapter.Sec. 34.03.340. Service of process.If a landlord is not a resident of this state or is a corporation not authorized to do business in this stateand engages in any conduct in this state governed by this chapter, or engages in a transaction subject tothis chapter, the landlord may designate an agent upon whom service of process may be made in thisstate. The agent shall be a resident of this state or a corporation authorized to do business in this state.The agent shall be the same person designated under AS 34.03.080. The designation shall be in writingand filed with the commissioner of community and economic development. If no designation is made andfiled or if process cannot be served in this state upon the designated agent, process may be served uponthe commissioner of community and economic development, but the service upon the commissioner isnot effective unless the plaintiff or petitioner immediately mails a copy of the process and pleadings bycertified or registered mail to the defendant or respondent at the last ascertainable address of thedefendant or respondent. An affidavit of compliance with this section shall be filed with the clerk of thecourt having jurisdiction on or before the return day for the process, if any, or within any further timeallowed by the court.Sec. 34.03.345. Mediation and binding arbitration.(a) A landlord and a tenant may agree to mediate disputes between them as to an obligation ofeither of them arising out of the rental agreement. If the landlord and tenant agree to mediate disputes,they shall include the scope of the agreement within the executed rental agreement, incorporate areference to that agreement within the rental agreement, or add the text of the agreement as a separateattachment to the rental agreement.(b) A landlord and a tenant may agree to binding arbitration of the disputes between them as to anobligation of either of them arising out of the rental agreement. If the landlord and tenant agree to bindingarbitration, they shall include the scope of the agreement within the executed rental agreement,incorporate a reference to that agreement within the rental agreement, or add the text of the agreementas a separate attachment to the rental agreement.Sec. 34.03.350. Attorney fees.Attorney fees shall be allowed to the prevailing party in any proceeding arising out of this chapter or arental agreement.2008 Alaska Statutes 14Sec. 34.03.360. Definitions.In this chapter(1) "abandonment" means that the tenant has left the dwelling unit and the tenant's personalbelongings in it and has been absent for a continuous period of seven days or longer without giving noticeunder AS 34.03.150 and has defaulted in the payment of rent;(2) "building and housing codes" include any law, ordinance, or governmental regulation concerningfitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of apremise or dwelling unit;(3) "dwelling unit" means a structure or a part of a structure that issued as a home, residence, orsleeping place by one person who maintains a household or by two or more persons who maintain acommon household, and includes mobile homes, and if located in a mobile home park, the lot or spaceupon which a mobile home is placed;(4) "fair rental value" means the average rental rate in the community for available dwelling units ofsimilar size and features;(5) "good faith" means honesty in fact in the conduct of the transaction concerned;(6) "illegal activity involving alcoholic beverages" means a person's delivery of an alcoholicbeverage in violation of AS 04.11.010 (b) in an area where the results of a local option election have,under AS 04.11.491, prohibited the Alcoholic Beverage Control Board from issuing, renewing, ortransferring a liquor license or permit under AS 04;(7) "illegal activity involving a controlled substance" means a violation of AS 11.71.010 (a),11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), (2), or (5);(8) "illegal activity involving gambling or promoting gambling" means a violation of(A) AS 11.66.200 , other than a social game as that term is defined by AS 11.66.280 (9); and(B) AS 11.66.210 or 11.66.220;(9) "illegal activity involving an imitation controlled substance" means a violation of AS 11.73.010 -11.73.030;(10) "illegal activity involving a place of prostitution" means a violation of AS 11.66.120 (a)(1) or11.66.130(a)(1) or (4);(11) "landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which itis a part, and it also means a manager of the premises who fails to disclose as required by AS 34.03.080;(12) "organization" includes a corporation, government, governmental subdivision or agency,business trust, estate, trust, partnership or association, two or more persons having a joint or commoninterest, and any other legal entity;(13) "owner" means one or more persons, jointly or severally, in whom is vested all or part of thelegal title to property or all or part of the beneficial ownership of property and a right to present use of thepremises; the termincludes a mortgagee in possession;(14) "premises" means a dwelling unit and the structure of which it is a part and facilities andappurtenances in it and grounds, areas, and facilities held out for the use of tenants generally or whoseuse is promised to the tenant;(15) "prepaid rent" means that amount of money demanded by the landlord at the initiation of thetenancy for the purpose of ensuring that rent will be paid, but does not include the first month's rent ormoney received as security fordamage;(16) "prostitution" means an act in violation of AS 11.66.100 ;(17) "rent" means the uniform periodic payment due the landlord, however denominated;(18) "rental agreement" means all agreements, written or oral, and valid rules and regulationsadopted under AS 34.03.130 embodying the terms and conditions concerning the use and occupancy ofa dwelling unit and premises;(19) "sanitary facility" means a flush toilet and proper drainage for all toilets, sinks, basins, bathtubs,and showers;(20) "single family residence" means a structure maintained and used as a single dwelling unit;(21) "tenant" means a person entitled under a rental agreement to occupy a dwelling unit to theexclusion of others;(22) "undeveloped rural area" means an area where public sewer or water services are notavailable.Sec. 34.03.370. Applicability.2008 Alaska Statutes 15After March 19, 1974, this chapter applies to any rental agreement, lease, or tenancy entered into,extended, or renewed by the payment of rent on or subsequent to that date.Sec. 34.03.380. Short title.This chapter may be cited as the "Uniform Residential Landlord and Tenant Act."AS 09.45.070 -09.45.140Forcible EntryandDetainerThe Alaska laws governing landlord and tenant rights and obligations reproduced here are fromthe 2008 Alaska Statutes. Laws are subject to revision by the legislature. It is your responsibilityto check for any amendments to the Alaska Statutes by visiting the Alaska Legislature websiteat www.legis.state.ak.us/folhome.htm, contacting your nearest Legislative Information Office,or going to your local public or law library.2008 Alaska Statutes 1AS 09.45.070 - 09.45.140Forcible Entry and DetainerSec. 09.45.070. Action for forcible entry or detention.(a) When a forcible entry is made upon a premises, or when an entry is made in a peaceablemanner and the possession is held by force, the person entitled to the premises may maintain an actionto recover the possession.(b) [Repealed, § 1 ch 73 SLA 1966].Sec. 09.45.080. Undertaking on appeal. [Repealed, § 4 ch 10 SLA 1974].Sec. 09.45.090. Unlawful holding by force.(a) For property to which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act)apply, unlawful holding by force includes each of the following:(1) when, for failure or refusal to pay rent due on the lease or agreement under which the tenant orperson holds, and after service, under AS 09.45.100 (b), of the written notice required by AS 34.03.220(b)by the landlord for recovery of possession of the premises if the rent is not paid, the tenant or person inpossession fails or refuses to vacate or pay the rent within seven days;(2) when,(A) after a violation of a condition or covenant set out in AS 34.03.120(a), other than a breach of AS34.03.120(a)(5) due to the deliberate infliction of substantial damage to the premises, or after a breach orviolation of a condition or covenant in a lease or rental agreement and following service of written noticeto quit, the tenant fails or refuses to remedy the breach or to deliver up the possession of the premiseswithin the number of days provided for termination under AS 34.03.220 (a)(2);(B) after a violation of AS 34.03.120 (a)(5) by deliberate infliction of substantial damage to thepremises, following service of written notice to quit, the tenant fails or refuses to deliver up the possessionof the premises by the date set out in the written notice to quit under AS 34.03.220 (a)(1);(C) after a violation of AS 34.03.220 (e) following discontinuance of a public utility service, followingservice of written notice to quit, the tenant fails or refuses to deliver up the possession of the premises bythe date set out in the written notice to quit under AS 34.03.220(e);(D) the landlord requires the tenant to vacate the premises for a reason set out in AS 34.03.310(c)(2) or (c)(4) - (7), following service of written notice to quit, the tenant fails or refuses to deliver up thepossession of the premises within the longer of 30 days or the period of notice for the landlord's recoveryof possession of the premises set out in the rental agreement;(E) in a mobile home park, there is to be a change in the use of land for which termination oftenancy is authorized by AS 34.03.225(a)(4), following service of written notice to quit, the mobile homedweller or tenant fails or refuses to vacate within the number of days provided for termination under AS34.03.225 (a)(4);(F) after termination of a periodic tenancy as prescribed by AS 34.03.290(a) or (b), following serviceof written notice to quit, the tenant remains in possession without the landlord's consent after expiration ofthe term of the rental agreement or after the date of its expiration;(G) after the tenant has violated AS 34.03.120 (b) or the tenant has used the dwelling unit orallowed the dwelling unit to be used for an illegal purpose in violation of AS 34.03.310 (c)(3) other than abreach of AS 34.03.120 (b), following service of written notice to quit, the tenant fails or refuses to deliverup the possession of the premises within five days; or(H) following service of written notice to quit, a person in possession continues in possession of thepremises without a valid rental agreement, as that term is defined in AS 34.03.360 , and without theconsent of the landlord; or(3) when, without a notice to quit, a tenant or person in possession continues in possession of thepremises after the tenancy has been terminated by issuance of an order of abatement under AS09.50.210 (a).(b) For property to which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act)do not apply, unlawful holding by force includes each of the following:(1) when, for failure or refusal to pay rent due on the lease or agreement under which the tenant orperson in possession holds, after service, under AS 09.45.100 (c), of demand made in writing by the2008 Alaska Statutes 2landlord for the possession of the premises if the rent is not paid, the tenant or person in possession failsor refuses to vacate or pay the rent due within seven days;(2) when, following service of a written notice to quit,(A) after the tenant or person in possession has breached or violated a condition or covenant of thelease or rental agreement other than breach of a covenant or condition set out in (B) of this paragraph,the tenant or person in possession of a premises fails or refuses to deliver up the possession of thepremises within 10 days;(B) after the tenant or person in possession has deliberately inflicted substantial damage to thepremises, the tenant or person in possession of a premises fails or refuses to deliver up the possession ofthe premises on the date required by the landlord; the date specified may not be less than 24 hours afterdemand for possession of the premises by the landlord;(C) after the tenant or person in possession has violated AS 34.05.100(a) or has used the premisesfor or allowed the premises to be used for an illegal purpose, the tenant or person in possession fails orrefuses to deliver up the possession of the premises within five days;(D) for premises the lease or occupation of which is primarily for the purpose of farming oragriculture, after the tenant or person in possession has violated AS 34.05.025 , other than a violationthat is a breach under (B) or (C) of this paragraph, the tenant fails or refuses to deliver up possession ofthe premises within 30 days;(E) a tenancy based upon an estate at will terminates, and the tenant or person in possessioncontinues in possession of the premises; or(F) a person in possession continues in possession of the premises(i) at the expiration of the time limited in the lease or agreement under which that person holds; or(ii) without a written lease or agreement and without the consent of the landlord; or(3) when, without a notice to quit, a tenant or person in possession continues in the possession ofthe premises after the tenancy has been terminated by issuance of an order of abatement under AS09.50.210 (a).(c) When a landlord who is required to provide written notice to a tenant or person in possessionunder (a) or (b) of this section, provides notice by mail, notwithstanding any other provision of law, threedays must be added to the period set out in (a) or (b) of this section to determine the date on and afterwhich the tenant or person in possession unlawfully holds by force.Sec. 09.45.100. Notice to quit.(a) Except where service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or exceptwhen notice to quit is not required by AS 09.45.090 (a)(3) or (b)(3), a person entitled to the premises whoseeks to recover possession of the premises may not commence and maintain an action to recoverpossession of premises under AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit tothe person in possession.(b) To recover possession of premises after a tenant or person in possession has failed or refusedto pay rent due, service of the written notice required by AS 34.03.220 (b) or of a demand in writing forpossession of the premises(1) constitutes notice to quit, and service of a separate notice to quit is not required; and(2) satisfies the requirements of (c) of this section and AS 34.03.310(c).(c) A notice to quit shall be in writing and shall be served upon the tenant or person in possessionby being(1) delivered to the tenant or person;(2) left at the premises in case of absence from the premises; or(3) sent by registered or certified mail.Sec. 09.45.105. Content of notice to quit.Notice to quit served upon the tenant or person in possession must(1) state(A) the nature of the breach or violation of the lease or rental agreement or other reason fortermination of the tenancy of the tenant or person in possession;(B) in circumstances in which the breach or violation described in (A) of this paragraph may becorrected by the tenant or person in possession to avoid the termination of the tenancy, the nature of theremedial action to be taken, and the date and time by which the corrective actions must be completed inorder to avoid termination of the tenancy;2008 Alaska Statutes 3(C) the date and time when the tenancy of the tenant or person in possession under the lease orrental agreement will terminate;(2) direct the tenant or person in possession to quit the premises not later than the date and time ofthe termination of the tenancy; and(3) give notice to the tenant or person in possession that, if the tenancy terminates and the tenantor person in possession continues to occupy the premises, the landlord may commence a civil action toremove the tenant or person and recover possession.Sec. 09.45.110. Time when action to recover possession may be brought.An action for the recovery of the possession of the premises may be commenced on or after the date thetenant or person in possession unlawfully holds possession of the dwelling unit or rental premises byforce, as determined under AS 09.45.090 .Sec. 09.45.120. Summons and continuance.Summons in actions for forcible entry and detainer shall be served not less than two days before the dateof trial. A continuance may not be granted for a longer period than two days unless the defendantapplying for the continuance gives an undertaking to the adverse party, with sureties approved by thecourt conditioned to the payment of the rent that may accrue if judgment is rendered against thedefendant.Sec. 09.45.130. Action against persons paying rent in advance.The service of a notice to quit upon a tenant or person in possession does not authorize an action to bemaintained against the tenant or person for the possession of the premises until the expiration of theperiod for which that tenant or person may have paid rent for the premises in advance. To authorize anaction against a tenant or person in possession who has paid rent in advance, a notice must be given atleast 10 days before the date the rent is due again in case of a month-to-month tenancy or at least threedays before in the case of a week-to-week tenancy.Sec. 09.45.135. Action against tenant occupying premises abated as nuisance.In an action under AS 09.45.060 - 09.45.160 against a tenant or person in possession of premises forwhich an order of abatement has been entered under AS 09.50.210 (a), a certified copy of the order ofabatement is prima facie evidence of unlawful holding of the premises by force by a person who remainson the premises.Sec. 09.45.140. Agricultural tenant.When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person inpossession shall, after the termination of the lease or occupancy, have free access to the premises tocultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or personbefore the service of the notice to quit. For more information about this publication, please call theAlaska Court System Administrative Office at(907) 264-8240820 West Fourth Avenue

Anchorage, Alaska 99501

 

Alaska Statutes. Title 34. Property Chapter 3. Uniform Residential Landlord and Tenant Act previous: Title 34. Property
next: Section 10. Purpose and Construction.

Chapter 3. Uniform Residential Landlord and Tenant Act

Section 10. Purpose and Construction. Section 20. Terms and Conditions of Rental Agreement. Section 30. Effect of Unsigned or Undelivered Rental Agreement. Section 40. Prohibited Provisions in Rental Agreements. Section 50. Separation of Rents and Obligations to Maintain Property Forbidden. Section 60. Sublease and Assignment. Section 70. Security Deposits and Prepaid Rent. Section 80. Disclosure. Section 90. Landlord to Supply Possession of the Dwelling Unit. Section 100. Landlord to Maintain Fit Premises. Section 110. Limitation of Liability. Section 115. [Renumbered as AS 34.05.025 Section 120. Tenant Obligations. Section 130. Rules and Regulations. Section 140. Access. Section 150. Tenant to Use and Occupy. Section 160. Noncompliance By the Landlord: General. Section 170. Failure to Deliver Possession. Section 180. Wrongful Failure to Supply Heat, Water, Hot Water or Essential Services. Section 190. Landlord's Noncompliance as Defense to Action For Possession or Rent. Section 200. Fire or Casualty Damage. Section 210. Tenant's Remedies For Landlord's Unlawful Ouster, Exclusion, or Diminution of Service. Section 220. Noncompliance With Rental Agreement; Failure to Pay Rent. Section 225. Limitations On Mobile Home Park Operator's Right to Terminate. Section 230. Remedies For Absence, Nonuse and Abandonment. Section 240. Waiver of Landlord's Right to Terminate. Section 250. Landlord Liens; Distraint For Rent Abolished. Section 260. Disposition of Abandoned Property. Section 270. Remedy After Termination. Section 280. Recovery of Possession Limited. Section 285. Service of Process Upon Tenant. Section 290. Periodic Tenancy and Holdover. Section 300. Landlord and Tenant Remedies For Abuse of Access. Section 310. Retaliatory Conduct Prohibited. Section 320. Obligation of Good Faith. Section 330. Application and Exclusions. Section 335. Proof of Certain Property Damage Claims. Section 340. Service of Process. Section 345. Mediation and Binding Arbitration. Section 350. Attorney Fees. Section 360. Definitions. Section 370. Applicability. Section 380. Short Title.  

 

reply to the drum guru
alaskan_guy32
Jun 9, 2009

I have recently been able to get a deadbeat roomate out of my apartment. He wasnt paying his portion of the rent or the bills. He has left a few of his items behind and now wants to come get them. Do I have a right to hold them for unpaid past rent?

reply to alaskan_guy32