AK
Alaska Landlord-Tenant Laws
Security Deposit Limits and Requirements
AS § 34.03.070(a)
⏰ Timeline
Prior to or at occupancy
✅ Key Requirements
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- Maximum security deposit: 2 months' periodic rent
- Exception: No limit if monthly rent exceeds $2,000
- Limit includes both prepaid rent AND security deposit combined
- Additional pet deposit allowed (see pet deposits topic)
- Landlord must hold deposits in trust account
- +1 more requirements
Security Deposit Return Timeline
AS § 34.03.070(g)
⏰ Timeline
- 14 days if returning entire deposit
- 30 days if deducting for damages
- Yes, must provide itemized statement with any deductions
- 30 days if tenant didn't give proper notice or property abandoned
✅ Key Requirements
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- 14-day deadline: If no deductions OR only deducting for unpaid rent
- 30-day deadline: If deducting for damages from tenant noncompliance
- 30-day deadline: If tenant didn't give proper move-out notice
- 30-day deadline: If landlord becomes aware dwelling is abandoned
- Must mail refund and itemization to tenant's last known address
- +3 more requirements
Security Deposit Storage Requirements
AS § 34.03.070(c)
⏰ Timeline
Promptly upon receipt from tenant
✅ Key Requirements
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- Must deposit in trust account (bank, savings & loan, or licensed escrow agent)
- Should be interest-bearing wherever practicable
- Tenant entitled to interest earned (unless agreement states otherwise)
- Can commingle multiple tenants' deposits in single account
- Must keep separate accounting for each tenant's funds
- +3 more requirements
Permitted Security Deposit Deductions
AS § 34.03.070(b)
⏰ Timeline
After termination of tenancy and delivery of possession
✅ Key Requirements
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- May deduct for unpaid/accrued rent
- May deduct for damages from tenant's noncompliance with AS 34.03.120
- Damages = deterioration of premises (and contents if applicable)
- Damages do NOT include normal wear and tear
- Damages do NOT include deterioration from normal, nonabusive living
- +5 more requirements
Pet Deposits and Fees
AS § 34.03.070(h)
⏰ Timeline
Prior to or upon pet occupancy
✅ Key Requirements
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- Maximum pet deposit: 1 month's rent
- Pet deposit is SEPARATE from security deposit limit
- Must be accounted for separately from security deposit/prepaid rent
- Can only be applied to damages directly related to the pet
- Service animals: NO pet deposit allowed
- +3 more requirements
Rent Payment Due Date
AS § 34.03.020(c)
⏰ Timeline
Beginning of each rental period unless otherwise specified
✅ Key Requirements
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- Default: Rent due at beginning of each month
- Default location: Payable at the dwelling unit
- Parties can agree to different due date in rental agreement
- Parties can agree to different payment location
- No demand or notice required for payment
- +2 more requirements
Late Fees and Charges
No specific statute - regulated by rental agreement
⏰ Timeline
As specified in rental agreement
✅ Key Requirements
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- No statutory limit on late fee amount
- Must be clearly disclosed in rental agreement
- No mandatory grace period in Alaska
- Rent considered late the day after due date (unless agreement specifies grace period)
- Late fees must be reasonable (excessive fees may be challenged)
- +2 more requirements
Rent Increases and Notice Requirements
AS § 34.03.290(a)
⏰ Timeline
- 30 days' written notice before rental due date
- 14 days' written notice
- Full rental period + 30 days
- 365 days' notice (rental period + 30 days)
✅ Key Requirements
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- No rent control in Alaska - no limit on increase amount
- Month-to-month: 30 days' written notice before next rental period
- Notice must be given BEFORE the rental due date when increase takes effect
- Example: Rent due 15th, increase on Oct 15 = notice by Sept 15
- Fixed-term leases: Cannot increase during lease term (unless lease allows)
- +4 more requirements
Landlord's Right to Entry
AS § 34.03.140(a)
⏰ Timeline
At least 24 hours' notice required (except emergencies)
✅ Key Requirements
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- Must give tenant minimum 24 hours' advance notice
- Notice must specify: date, approximate time, and purpose of entry
- Must enter only at reasonable times (generally business hours)
- Tenant cannot unreasonably withhold consent
- Valid reasons for entry: inspections, repairs, alterations, services, showing property
- +4 more requirements
Eviction for Nonpayment of Rent
AS § 34.03.220(b); AS § 09.45.090(a)(1)
⏰ Timeline
- 7 days to pay or quit
- 7 days to pay full rent due
- Can file FED action after 7 days if not paid
✅ Key Requirements
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- Landlord must serve written 7-day notice
- Notice must state amount of rent due
- Notice must state date rent must be paid by (minimum 7 days)
- Notice must state that lease terminates if rent not paid
- Tenant has 7 days to pay FULL amount owed (including late fees if in agreement)
- +4 more requirements
Eviction for Lease Violations
AS § 34.03.220(a)(2)
⏰ Timeline
- 10 days
- 10 days to remedy the violation
- Lease terminates if not cured within 10 days
✅ Key Requirements
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- Landlord must provide written 10-day notice to cure or quit
- Notice must specify the exact acts/omissions constituting the violation
- Notice must state lease terminates in 10 days if not remedied
- Tenant has 10 days to fix the problem
- Curable violations: unauthorized pets, guests, subletting without permission, maintenance issues
- +3 more requirements
Eviction for Substantial Damage
AS § 34.03.220(a)(1)
⏰ Timeline
- 24 hours to 5 days
- NO - unconditional notice
- Lease terminates on date specified in notice
✅ Key Requirements
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- Applies to DELIBERATE/INTENTIONAL damage to premises
- Substantial damage defined: loss, destruction, or defacement exceeding $400
- Landlord gives written notice specifying damage
- Notice period: minimum 24 hours, maximum 5 days
- This is UNCONDITIONAL - no opportunity to cure
- +3 more requirements
Eviction for Illegal Activity
AS § 34.03.220(a)(1); AS § 34.03.120(b)
⏰ Timeline
- 5 days (unconditional)
- NO - illegal activity cannot be cured
- Lease terminates after 5 days
✅ Key Requirements
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- Applies to: prostitution, illegal drugs, illegal gambling, illegal alcohol activities
- Landlord gives 5-day unconditional notice to quit
- No opportunity to cure - tenant must vacate
- Applies if tenant engages in OR allows others to engage in illegal activity
- Must be knowing/intentional illegal conduct
- +3 more requirements
Terminating Month-to-Month Tenancy
AS § 34.03.290(a)
⏰ Timeline
- 30 days' written notice
- 14 days' written notice
- Must be given before rental due date
✅ Key Requirements
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- Either landlord OR tenant can terminate
- Month-to-month: Minimum 30 days' written notice
- Week-to-week: Minimum 14 days' written notice
- Notice must be given BEFORE the rental due date when termination takes effect
- Example: Rent due 15th, terminate Oct 15 = notice by Sept 15
- +4 more requirements
Required Landlord Disclosures
AS § 34.03.080; AS § 34.03.070(c)
⏰ Timeline
At or before commencement of tenancy
✅ Key Requirements
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- Name and address of property manager (if applicable)
- Name and address of owner OR authorized agent
- Agent must be authorized for service of process and receiving notices
- Terms and conditions for security deposit withholding
- Lead-based paint disclosure (for buildings built before 1978) - Federal law
- +4 more requirements
Landlord's Duty to Maintain Habitable Premises
AS § 34.03.100(a)
⏰ Timeline
Continuous obligation throughout tenancy
✅ Key Requirements
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- Must comply with building and housing codes affecting health/safety
- Must make ALL repairs to keep premises fit and habitable
- Must maintain in good working order: electrical, plumbing, sanitary, heating, A/C, kitchen facilities
- Must keep common areas clean and safe (including snow/ice removal)
- Must provide and maintain waste disposal receptacles and arrange removal
- +5 more requirements
Tenant Obligations and Responsibilities
AS § 34.03.120(a)
⏰ Timeline
Continuous obligation throughout tenancy
✅ Key Requirements
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- Keep occupied areas clean and safe as condition permits
- Dispose of garbage and waste in clean and safe manner
- Keep plumbing fixtures clean
- Use all facilities and appliances reasonably
- Cannot deliberately or negligently damage, destroy, or deface premises
- +7 more requirements
Tenant's Repair and Deduct Remedy
AS § 34.03.180
⏰ Timeline
- Written notice to landlord
- Landlord has reasonable time to fix
- After work completed and statement submitted
✅ Key Requirements
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- Applies when landlord fails to maintain fit premises or supply essential services
- Tenant must notify landlord in writing of intention to repair or vacate
- Must give landlord reasonable time to comply
- If landlord doesn't fix, tenant can hire licensed contractor
- Tenant submits itemized statement and waiver of lien to landlord
- +5 more requirements
Prohibition on Retaliatory Conduct
AS § 34.03.310
⏰ Timeline
Protection continues throughout tenancy
✅ Key Requirements
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- Landlord cannot retaliate against tenant for exercising legal rights
- Protected activities: complaints to government agencies, complaints to landlord about violations
- Prohibited retaliation: rent increases, service decreases, eviction threats, actual eviction
- Also protects: tenant organizing, joining tenant unions, testifying in court
- Presumption of retaliation if action taken within 6 months of protected activity
- +3 more requirements
Abandoned Property and Premises
AS § 34.03.260
⏰ Timeline
- 15 days after mailing notice
- After 15 days
- May store at tenant's expense
✅ Key Requirements
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- Landlord must mail notice of abandonment to tenant
- Notice sent to last known address and any other known address
- Must wait minimum 15 days after mailing notice
- After 15 days, landlord may dispose of or sell property
- Property may be stored at tenant's expense
- +4 more requirements
Small Claims Court Jurisdiction
Alaska District Court Rules - Civil Rule 24
⏰ Timeline
Available at any time for qualifying disputes
✅ Key Requirements
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- Maximum claim: $10,000
- Available for: security deposit disputes, property damage, unpaid rent (under $10,000)
- Simplified procedures - no attorney required
- Faster resolution than regular civil court
- Both landlords and tenants can file
- +4 more requirements
Lease Agreement Requirements and Prohibited Provisions
AS § 34.03.040; AS § 34.03.020
⏰ Timeline
Before or at commencement of tenancy
✅ Key Requirements
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- Can be oral or written (written strongly recommended)
- CANNOT waive tenant's rights under Alaska Landlord-Tenant Act
- CANNOT require tenant to waive rights or remedies
- CANNOT permit landlord to get confession of judgment
- CANNOT limit landlord or tenant liability beyond statutory limits
- +6 more requirements