State Laws

Alaska Landlord Tenant Laws

March 2, 2023

We’d love to connect with you.

Quick Facts

Required Disclosures   

Lead-based paint 
Landlord/agent ID 
Terms of security deposit withholdings 
  
Rent and Fees   

Application Fees: Permitted 
Rent Control: N/A 
Late Fee Limit: N/A 
Grace Period Minimum: N/A 
   
Security Deposits   

Amount Limit: 2 month’s rent if rent is less than $2,000, plus a pet deposit of 1 month’s rent 
Interest: N/A 
Return Within: 30 days 
  
Entry   

Notice: 24 hours 
Permitted Times of Entry: Reasonable 
Fair Housing Protections   

Race  
Color   
National origin   
Religion   
Sex   
Familial status 
Disability 
Marital status 
Pregnancy 
Ancestry 
  
Eviction Notices   

Rent Demand Notice: 7-day pay-or-quit notice 
Notice for Lease Violation: 10-day cure-or-quit notice 
Notice for Repeat Violation: 5-day quit notice
Unconditional Notice to Quit: 24-hour to 5-day quit notice

Alaska Landlord-Tenant Law 

Understand the essential Alaska landlord tenant laws before enforcing your own rental policies. Find more information in the Alaska state law code or this handy guide to Alaska landlord-tenant laws

Required Disclosures 

Lead-based paint  

(Title X, Section 1018

Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. 

Landlord/Agent Identification 

(AS § 34.03.080

Landlords in Alaska must disclose to tenants in writing the name and address of the person authorized to manage the premises and the owner or person responsible for receiving notices.  

Terms of Security Deposit Withholdings 

(AS § 34.03.070

Landlords must disclose to tenants the terms and conditions under which the landlord may withhold funds from the security deposit or prepaid rent. 

Rent and Fees 

  • Rent Due Date: Unless otherwise specified in the lease agreement, rent is due at the beginning of each month (AS § 34.03.020). 
  • Application Fees: Rental application fees are not regulated in Alaska. 
  • Rent Increases: There is no statewide rent control in Alaska. 
  • Late Fees: There is no statutory limit on late fees in Alaska—landlords may send a late rent fee notice immediately after rent is not paid when due. 
  • Grace Period: There is no mandatory grace period in Alaska. 
  • NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (AS § 09.68.115). 
  • Withholding Rent/Repair and Deduct: If the landlord fails to supply running water, hot water, heat, sanitary facilities, or another essential service, the tenant may send the landlord a written notice of the breach. The tenant may then immediately arrange for the services and deduct the cost from the rent, or they may recover damages or choose to procure reasonable substitute housing (AS § 34.03.180).  
  • If there is a different material noncompliance with the rental agreement or law that threatens health and safety, the tenant may deliver a written notice to the landlord stating that the lease will terminate in 20 days if the landlord does not remedy the condition in 10 days (AS § 34.03.160). Note that if a tenant chooses to repair and deduct as in AS § 34.03.180, they may not also use this procedure to terminate the lease. 

Security Deposits 

  • Deposit Limit: 2 months’ rent, except when the rent exceeds $2,000 per month (AS § 34.03.070(a)). Landlords may also charge an additional pet deposit that does not exceed one month’s rent (AS § 34.03.070(h)). 
  • Interest: Landlords in Alaska are not required to pay interest on security deposits. However, if the security deposit does earn interest, the tenant is entitled to it unless both parties have agreed otherwise (AS § 34.03.070(c)). 
  • Return Within: 30 days (AS § 34.03.070(g)). 
  • Deposit Location: Landlords are required to keep security deposits in a trust account in a bank, savings and loan association, or licensed escrow agent. Security deposits must also be kept separate from other funds (AS § 34.03.070(c)). 
  • Withholding: Landlords may withhold funds from the security deposit for unpaid rent or damages beyond normal wear and tear resulting from the tenant’s noncompliance. The landlord must itemize these deductions in a written notice and mail it to the tenant (AS § 34.03.070(b)). 

Tenant Screening and Fair Housing Protections 

Protected Classes 

  • Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Alaska state law adds marital status (or changes thereof), pregnancy, and ancestry (AS § 18.80.240, 300). 

Credit Reports 

  • Alaska landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. 

Criminal Histories 

  • Alaska background checks may be used during tenant screening in Alaska. 
  • Alaska landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property. 

Entry 

  • Advanced Notice: 24 hours’ (AS § 34.03.140(c)). 
  • Permitted Times: Landlords in Alaska may only enter at reasonable times. Acceptable reasons for entry include inspections, repairs, decorations, alterations, improvements, services, showings, or to remove personal property belonging to the landlord that isn’t covered by a written rental agreement (AS § 34.03.140(a)). 
  • Emergency Entry: In case of an emergency, the landlord may enter without advanced notice or consent (AS § 34.03.140(b)). 

Eviction Notices 

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Alaska, consider hiring an experienced real estate attorney and be sure to review the Alaska eviction process in more detail.

  • Rent Demand Notice: 7 days to pay or quit (AS § 34.03.220(b)). 
  • Notice for Unpaid Utilities: 3 days to cure or quit; 5 days to quit. According to eviction laws in Alaska, this notice applies when a public utility service discontinues service to the unit due to the tenant’s failure to pay the bill. If this occurs, the landlord may deliver a written quit notice giving the tenant 3 days to pay the utility company to avoid eviction (presuming no damage occurred to the unit), or else they must quit the unit within 5 days (AS § 34.03.220(e)). 
  • Notice for Lease Violation: 10 days to cure or quit (AS § 34.03.220(a)(2)).
  • Notice for Repeat Violation: 5 days to quit. If a tenant commits substantially the same breach as a previous one within six months, the landlord may send a five-day quit notice with no opportunity to cure the violation (AS § 34.03.220(a)(2)). 
  • Unconditional Notice to Quit: 24 hours to 5 days to quit. This notice applies when the tenant deliberately inflicts substantial damage to the premises (loss, destruction, or defacement exceeding $400 in damage) or if the tenant engages in prostitution or another illegal activity on the premises (AS § 34.03.220(a)(1)). 

Other Laws and Facts About Alaska 

  • The median rent rate in Alaska is $1,240. 
  • The median rent rate in Anchorage is $1,600. 
  • If a landlord in Alaska fails to transfer security deposits to a new owner during a sale of the property, then both the previous owner and the new owner are legally responsible to the tenants for those deposits and prepaid rents (AS § 34.03.110(a)). 

Leave a Reply

Your email address will not be published. Required fields are marked *

Get all the latest articles and information via email:

More in Learning Center

Announcements

Innago Releases Return Security Deposit Online Fea...

Renting your property to a stranger is risky. Even with the best tenant screenin...

September 18, 2023

Real Estate Investing

What to Know About Appraisals and Appraisal Contin...

Appraisals and Appraisal Contingencies Are you buying or selling a home? Knowing...

March 26, 2024

Real Estate Investing

3 Things to Know About Amortization   

A Guide To The Amortization Process Are you considering financing a new rental p...

March 22, 2024