An Alaska lease agreement is a legal document between the landlord and the tenant. It regulates the terms and conditions for leasing the property. The landlord agrees to let the tenant use the property for a certain time. In return, the tenant agrees to pay a certain amount as rent.
Landlord and tenant can include any clause in their lease agreement that is not explicitly prohibited by law. It usually includes information about the landlord and tenant, details about the property, rent amount, and method of rent payment.
If you are planning to rent a property or want to be sure what your rights are as a tenant, carefully read the sections below. Here you can also find templates for the most common lease agreements in Alaska.
Alaska Lease Agreement Required Disclosures
When drafting the lease agreement, there are a few mandatory disclosures that have to be included, such as:
Lead-based paint disclosure. According to Federal law, this disclosure must be included in the lease agreement for any property built before 1978.
Absence disclosure. With this disclosure, the tenant notifies the landlord if leaving the property for a period longer than 7 days. (§ 34.03.150)
Manager and owner identification. A person signing the lease agreement as a landlord shall disclose the name and address of the person managing the property and the owner of the property. (§ 34.03.080)
Alaska Lease Agreement Optional Disclosures
The disclosures listed below are not required to be included in the lease agreement by any law. However, by including them, you will limit your liability and protect the interests of both the landlord and the tenant.
Asbestos disclosure. Although no law explicitly requires this disclosure to be included in the lease agreement, asbestos is a health hazard. Therefore, it is good to include it in a lease agreement for any property built before 1981.
Mold disclosure. Includes a description of the mold status at the property before the lease term. It will protect the landlord from any future liabilities from mold damage.
Pets and smoking. Allows or prohibits pets and smoking at the premises. It also regulates compensation for any damages caused by pets or smoking.
Non-refundable fees. In this section, the tenant should include all the fees that will not be refunded to the tenant after the lease is over. If not included in the lease agreement, the tenant can be subject to a refund after the lease period is over.
Consequences of Non-Disclosure
The main purpose of disclosures is to protect parties from health and safety hazards. They also provide important information that protects the execution of each party's obligations.
If the landlord fails to include the mandatory disclosures in the lease agreement, they might face civil or criminal liabilities or penalties.
For example, if the landlord doesn’t provide the disclosure about the lead-based paint hazard, they can be charged up to $19,507 in penalties (24 CFR § 30.65)
Alaska Lease Agreement Security Deposits
Security Deposit Maximum
The landlord cannot take a security deposit amount higher than two (2) months’ rent. This rule does not apply if the rent is more than $2,000 per month. (§ 34.03.070(a))
The landlord may charge an additional deposit if the tenant is keeping a pet that is not a service animal. This additional deposit is limited to one month's worth of rent.
The landlord must keep the deposit in a separate account with a bank, savings or loan association, or licensed escrow agent.
Security Deposit Return
If the tenant properly notifies the landlord of the lease termination, the landlord has 14 days to return the deposit if there are no damages.
In case the damages allow for a deposit deduction, the landlord has 30 days to return the remaining deposit with a list of all deductions made.
Suppose the tenant didn't give the landlord proper notice that the lease was over. Then, the landlord has 30 days to return the whole deposit, or what's left of it.
When is Rent Due in Alaska? (Grace Period)
The rent is due on the day agreed upon in the lease agreement. If the tenant is late with the payment, the landlord must give a 7-day notice to the tenant, giving him a “pay or quit” option.
Alaskan laws don’t provide a grace period for paying the rent.
Alaska Rent Late Fees
There is no limit to the late fee amount. That means that the landlord can impose any amount that seems reasonable.
However, the landlord must disclose any late fee in the lease agreement beforehand. If no late fee is stipulated in the lease agreement, the landlord will not be able to charge them later during the lease period.
Are Utilities Included in Rent in Alaska?
Parties are free to determine if the utilities will be paid separately or if they will be included in the rent amount.
Whether or not utilities are included in the rent, the parties should make a list of all utilities paid for the rented property and specify who is responsible for paying them.
Alaska NSF Checks
According to Alaska statute Section 09.68.115, if the tenant uses a bad check to pay for the rent, they will have to pay the amount written on the check plus a $30 penalty.
Alaska Landlord’s Right to Enter
The landlord must give at least 24 hours' notice to the tenant before entering the property. In case of an emergency, the landlord may enter the property without notice.
The landlord can enter the property only at reasonable times and with the consent of the tenant. This also does not apply in the case of an emergency.
Cases in which the landlord can enter the property also include situations when it is so ordered by the court or if the tenant has abandoned the property.
Alaska Lease Agreement FAQ
If both parties have signed the lease agreement, such an agreement is legally binding.
In the event that the tenant didn’t sign the lease agreement but moved into the property and started paying the rent, such an agreement is legally binding.
Also, if the landlord didn’t sign the lease agreement but accepted the tenants' rent payment, such an agreement is also legally binding.
The Alaska lease agreement should include the following:
Names and addresses of the landlord and tenant.
Description of the leased property.
Rent amount and the method of payment.
Security deposit and any non-refundable or late fees applicable.
List of utilities that have to be paid.
House rules (pets, smoking, etc.).
Rules about subleasing.
Signatures of the parties.
You can find a number of different lease agreement templates on our website. That way, you will ensure your lease agreement is in compliance with all federal and state laws and regulations. It’s as simple as downloading and entering your details into the template.
After making a lease agreement, follow these steps:
Notarize your signatures for extra security (optional).
Before moving in, make sure to do the property inspection.
Sign the handover report if everything is in good condition and clean.
Pay the rent and deposit.
Move into the property.
Ensure each party gets a copy of the contract and signs the document.