Posts Tagged ‘ Alaska Landlords ’
Security Deposit Maximum: Security deposit and prepaid rent may not exceed two month’s rent, except for units where the monthly rent exceeds $2,000.
Security Deposit Interest: The security deposit and prepaid rent must be promptly deposited in a trust account in a bank, savings and loan association, or licensed escrow agent. Statute does not require that the trust account earn interest, however, if it does earn interest, the tenant is entitled to the interest under general trust law principles, unless both parties have agreed otherwise.
Separate Security Deposit Bank Account: Landlord may commingle prepaid rents and security deposits in a single financial account. It is not recommended that the landlord commingle rent or deposits with personal funds.
Pet Deposits: No statute
Non-Refundable Fees: No statute
Deadline for Returning Security Deposit: If landlord or tenant provides proper notice landlord has 14 days to mail the written notice of withholdings and refund. If tenant does not provide notice in compliance landlord has 30 days to mail the notice and refund.
Permitted Uses of the Deposit:
Damages that the landlord has suffered due to the tenant’s noncompliance with statutory Tenant Obligations.
Require Written Description/Itemized List of Damages and Charges: Yes, withholdings for accrued rent and damages must be itemized by the landlord in a written notice mailed to the tenant’s last known address.
Record Keeping of Deposit Withholdings: No statute
Receipt of Deposit: No statute
Failure to Comply: If the landlord fails to comply with the rules for deposit withholding and return, the tenant may recover an amount not to exceed twice the amount withheld.
Lease, Rent & Fees:
Rent Is Due: As stated in the lease
Rent Increase Notice: For month-to-month tenancies, landlord must give the tenant at least 30 days notice before the increase takes effect.
Rent Grace Period: No statute
Late Fees: No automatic late fee is legally enforceable, unless it has been agreed upon beforehand.
Prepaid Rent: Prepaid rent and security deposit may not exceed two month’s rent, except where the rent exceeds $2,000 per month.
Returned Check Fees: No automatic charge for a check returned for non-sufficient funds is legally enforceable, unless it has been agreed upon beforehand. to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Allowed. After giving landlord written notice specifying the breach, tenant may immediately procure reasonable amounts of hot water, running water, heat, sanitary facilities, and essential services during the period of the landlord’s noncompliance and deduct the costs from the rent. This section does not apply if the condition was caused by the tenant, the tenant’s family, or someone on the premises with the tenant’s consent.
Tenant Allowed to Repair and Deduct Rent: Allowed.
Landlord Allowed to Recover Court and Attorney Fees: Attorney fees are allowed to the prevailing party in any proceeding arising out of either the rental agreement or the state’s Uniform Residential Landlord and Tenant Act.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes, the aggrieved party has a duty to mitigate damages. Also, if the tenant abandons the dwelling, the landlord shall make reasonable efforts to rent it at a fair rental value.
Abandonment/Early Termination Fee: No abandonment/early termination fee is defined in statute, however, if the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.
Notices and Entry:
Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice prior to rent due date.
Notice to Terminate Tenancy – Week-to-Week Lease: 14-day written notice.
Termination of Tenancy with 24 Hours Notice: If tenant or someone in the tenant’s control deliberately inflicts substantial damage exceeding $400 to the premises, landlord may deliver a written notice to quit specifying that the rental agreement will terminate upon a date that is not less than 24 hours after service of the notice.
Termination of Tenancy for Nonpayment of Utilities: If a public utility providing electricity, natural gas, or water to the premises occupied by the tenant discontinues service for nonpayment, five-day notice is required, and the tenant has three days to remedy by reinstating service and paying landlord for any amounts paid by the landlord to reinstate the service. Three-day notice is required if a similar breach occurs again within six months of an earlier breach for which notice was given.
Notice of Date/Time of Move-Out Inspection: No statute
Notice of Termination for Nonpayment: Seven-day written notice required.
Termination for Lease Violation: If tenant is in noncompliance with either the rental agreement or statutory Tenant Duties, other than deliberate damage to the premises, landlord may give written notice to quit specifying the breach and that the rental agreement will terminate not less than 10 days after service of the notice. If breach is not remedied, the rental agreement terminates as provided in the notice. If the breach is remedial by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. See statute for additional provisions.
Required Notice before Entry: 24 hours, and entry allowed only at reasonable times
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes
Emergency Entry Allowed without Notice: Yes
Entry Allowed During Tenant’s Extended Absence: Yes. Also, the rental agreement shall require that the tenant notify landlord of an anticipated extended absence longer than seven days.
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: No, and if landlord locks tenant out, tenant may recover possession or terminate the rental agreement and, in either case, recover up to one and one-half times actual damages.
Utility Shut-offs Allowed: No, and if landlord shuts off utilities, tenant may recover possession or terminate the rental agreement and, in either case, recover up to one and one-half times actual damages.
Disclosures and Miscellaneous Notes:
Name and Addresses: No statute
Copy of the Lease: No statute
Domestic Violence Situations: No statute. The Alaska Network on Domestic Violence & Sexual Assault links to support resources listed by community. The Alaska Court System also provides a Self Help Center.
Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
Common Areas: Keep all common areas of the premises in a clean and safe condition;
Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied; and
Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
Locks: If requested by tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant’s person and property.
Smoke Detectors: Provide smoke detection devices and carbon monoxide detection devices as required
Cleanliness: Keep the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
Trash: Dispose of all garbage and other waste in a clean and safe manner;
Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
Damage: Not deliberately or negligently destroy, deface, damage, impair, or remove a part of the premises or knowingly permit any person to do so;
Quiet Enjoyment: Conduct oneself and require other persons on the premises with tenant consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of the premises;
Smoke Detectors: Maintain smoke detection devices and carbon monoxide detection devices as required
Locks: Not, except in an emergency when the landlord cannot be contacted after reasonable effort to do so, change the locks on doors of the premises without first securing the written agreement of the landlord and, immediately after changing the locks, providing the landlord a set of keys to all doors for which locks have been changed; in an emergency, the tenant may change the locks and shall, within five days, provide the landlord a set of keys to all doors for which locks have been changed and written notice of the change;
Municipal Fees for Police Response: Not unreasonably engage in conduct, or permit others on the premises to engage in conduct, that results in the imposition of a fee.
Subleasing: Not allowed, unless otherwise agreed to in writing.
Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, or has been involved in a tenant’s organization. Other actions are prohibited.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.