Alaska Landlord Tenant Laws
March 2, 2023
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|Required Disclosures |
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
Amount Limit: 2 month’s rent if rent is less than $2,000, plus a pet deposit of 1 month’s rent
Return Within: 30 days
Notice: 24 hours
Permitted Times of Entry: Reasonable
|Fair Housing Protections |
Rent Demand Notice: 7-day pay-or-quit notice
Notice for Lease Violation: 10-day cure-or-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.
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.
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
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.
- 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
- 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).
- 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.
- 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.
- 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)).
- 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. If substantially the same breach reoccurs within six months, the landlord may send a 5-day quit notice (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)).