Contrato de arrendamiento de alquiler residencial
Title 34. PROPERTY
UNIFORM RESIDENTIAL LANDLORD
AND TENANT ACT
Purpose and construction.
(a) This chapter shall be liberally construed and applied to promote
its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are to
(1) simplify, clarify, modernize, and revise the law governing the
rental of dwelling units and the rights and obligations of landlord and
tenant;
(2) encourage landlord and tenant to maintain and improve the quality
of housing; and
(3) make uniform the law among those states that enact it. Title
34, Sec. 34.03.010
Terms and conditions of rental agreement.
(a) The landlord and tenant may include in a rental agreement clauses
and conditions not prohibited by this chapter or by law, including rent,
terms of agreement, and other provisions governing the rights and obligations
of the parties.
(b) In the absence of agreement, the tenant shall pay as rent the
fair rental value for the use and occupancy of the dwelling unit.
(c) Rent shall be payable without demand or notice at the time and
place agreed upon by the parties. Unless otherwise agreed, rent is payable
at the dwelling unit. Unless otherwise agreed, rent is payable at the beginning
of any term of one month or less and otherwise in equal monthly installments.
Unless otherwise agreed, rent shall be uniformly apportionable from day
to day and shall be paid on the date the periodic tenancy begins and payable
on or before the same date of each and every month thereafter until the
tenancy terminates.
(d) Unless the rental agreement fixes a definite term, the tenancy
shall be week to week in the case of a tenant who pays weekly rent, and
in all other cases month to month.
(e) If required by the landlord, the landlord and the tenant shall
include within the rental agreement, incorporate by reference in the rental
agreement, or add as a separate attachment to the rental agreement a premises
condition statement, setting out the condition of the premises, including
fixtures but excluding reference to any of the other contents of the premises,
and, if applicable, a contents inventory itemizing or describing all of
the furnishings and other contents of the premises and specifying
the condition of each of them. In the premises condition statement and
contents inventory, the parties shall describe the premises and its contents
at the commencement of the term of the period of the occupancy covered
by the rental agreement. When signed by the parties, the premises condition
statement and contents inventory completed under this subsection become
part of the rental agreement. Title 34, Sec. 34.03.020
Effect of unsigned or undelivered rental agreement.
(a) If the landlord does not sign and deliver a written rental agreement
signed and delivered to the landlord by the tenant, acceptance of rent
without reservation by the landlord gives the rental agreement the same
effect as if it had been signed and delivered by the landlord.
(b) If the tenant does not sign and deliver a written rental agreement
signed and delivered to the tenant by the landlord, acceptance of possession
and payment of rent without reservation gives the rental agreement the
same effect as if it had been signed and delivered by the tenant.
(c) If a rental agreement given effect by the operation of this
section provides for a term longer than one year, it is effective only
for one year. Title 34, Sec. 34.03.030
Prohibited provisions in rental agreements.
(a) A rental agreement may not provide that the tenant or landlord
(1) agrees to waive or to forego rights or remedies under this chapter;
(2) authorizes a person to confess judgment on a claim arising out
of the rental agreement;
(3) agrees to the exculpation or limitation of any liability of
the landlord or tenant arising under the law or to indemnify the landlord
or tenant for that liability or the costs connected with it;
(4) agrees to pay the landlord's attorney fees.
(b) A provision prohibited by (a) or (c) of this section included
in a rental agreement is unenforceable. If a landlord or tenant wilfully
uses a rental agreement containing provisions known by the person to be
prohibited, the other party may recover the amount of actual damages.
(c) A rental agreement between a mobile home park operator and a
mobile home park tenant may not
(1) deny a tenant of a mobile home park the right to sell the tenant's
mobile home within the park or require the resident or tenant to remove
the mobile home from the park solely on the basis of the sale of the mobile
home, nor may the mobile home park operator make a rule or regulation to
the same effect, except that, within 30 days of written notice by the tenant
of intent to sell the mobile home to a specified buyer, the operator or
owner of the mobile home park may refuse to allow a sale for the following
reasons:
(A) the mobile home is in violation of laws or ordinances relating
to health, safety or welfare;
(B) the proposed buyer refuses to assume the same terms as are in
the existing rental agreement; or
(C) the proposed buyer does not have sufficient financial responsibility;
(2) require a tenant to provide permanent improvements that become
a part of the real property of the mobile home park owner or operator as
a condition of tenancy in the mobile home park; however, the rental agreement
may require the tenant to maintain existing conditions in the park;
(3) require payment of any type of vendor or transfer fee either
by a tenant in the mobile home park desiring to sell the tenant's mobile
home to another party or by any party desiring to purchase a mobile home
from a tenant in the park as a condition of tenancy; however, this paragraph
does not prevent the owner or operator from applying normal park standards
to prospective tenants before granting or denying tenancy or from charging
a reasonable vendor or transfer fee for services actually performed if
the tenant is notified in writing of the amount of those charges
before agreeing to move into the park; or
(4) require the prospective tenant to pay a fee to enter the mobile
home park or a tenant to pay a fee to transfer the tenant's mobile home
to another location outside the park; however, this paragraph does not
prevent the owner or operator from charging a reasonable fee for
services actually performed and if the tenant is notified in writing of
the amount of those charges before agreeing to move into the park. Title
9, Sec. 34.03.040
Separation of rents and obligations to maintain property forbidden.
A rental agreement, assignment, conveyance, trust deed, or security
instrument may not permit the receipt of rent free of the obligation
to comply with AS 34.03.100 (a). Title 9, Sec. 34.03.050
Sublease and assignment.
(a) Unless otherwise agreed in writing, the tenant may not sublet
the premises or assign the rental agreement to another without the landlord's
consent.
(b) The tenant's right to sublease the premises or assign the rental
agreement to another shall be conditioned on obtaining the landlord's consent,
which may be withheld only upon the grounds specified in (d) of this section;
no further restrictions on sublease or assignment are enforceable.
(c) When the rental agreement requires the landlord's consent for
sublease or assignment, the tenant may secure one or more persons who are
willing to occupy the premises. Each prospective occupant shall make a
written offer signed and delivered by the prospective occupant to the landlord,
containing the following information on the prospective occupant:
(1) name, age, and present address;
(2) marital status;
(3) occupation, place of employment, and name and address of employer;
(4) number of all other persons who would normally reside with the
prospective occupant;
(5) two credit references, or responsible persons who will confirm
the financial responsibility of the prospective occupant; and
(6) names and addresses of all landlords of the prospective occupant
during the prior three years.
(d) Within 14 days after the written offer has been delivered to
the landlord, the landlord may refuse consent to a sublease or assignment
by a written rejection signed and delivered by the landlord to the tenant,
containing one or more of the following reasonable grounds for rejecting
the prospective occupant:
(1) insufficient credit standing or financial responsibility;
(2) number of persons in the household;
(3) number of persons under 18 years of age in the household;
(4) unwillingness of the prospective occupant to assume the same
terms as are included in the existing rental agreement;
(5) proposed maintenance of pets;
(6) proposed commercial activity; or
(7) written information signed by a previous landlord, which shall
accompany the rejection, setting out abuses of other premises occupied
by the prospective occupant.
(e) In the event the written rejection fails to contain one or more
grounds permitted by (d) of this section for rejecting the prospective
occupant, the tenant may consider the landlord's consent given, or at the
tenant's option may terminate the rental agreement by a written notice
given without unnecessary delay to the landlord at least 30 days before
the termination date specified in the notice.
(f) If the landlord does not deliver a written rejection signed
by the landlord to the tenant within 14 days after a written offer has
been delivered to the landlord by the tenant, the landlord's consent to
the sublease or assignment shall be conclusively presumed. Title
34, Sec. 34.03.060
Security deposits and prepaid rent.
(a) A landlord may not demand or receive prepaid rent or a security
deposit, however denominated, in an amount or value in excess of two months'
periodic rent. This section does not apply to rental units where the rent
exceeds $2,000 a month.
(b) Upon termination of the tenancy, property or money held by the
landlord as prepaid rent or as a security deposit may be applied to the
payment of accrued rent and the amount of damages that the landlord has
suffered by reason of the tenant's noncompliance with AS 34.03.120 . The
accrued rent and damages must be itemized by the landlord in a written
notice mailed to the tenant's last known address within the time limit
prescribed by (g) of this section, together with the amount due the tenant.
In this subsection, "damages"
(1) means deterioration of the premises and, if applicable, of the
contents of the premises;
(2) does not include deterioration
(A) that is the result of the tenant's use of the premises by normal,
nonabusive living;
(B) caused by the landlord's failure to prepare for expected conditions
or by the landlord's failure to comply with an obligation of the landlord
imposed by this chapter.
(c) All money paid to the landlord by the tenant as prepaid rent
or as a security deposit in a lease or rental agreement shall
be promptly deposited by the landlord, wherever practicable, in a trust
account in a bank, savings and loan association, or licensed escrow agent,
and the landlord shall provide to the tenant the terms and conditions under
which the prepaid rent or security deposit or portions of them may be withheld
by the landlord; nothing in this chapter prohibits the landlord from commingling
prepaid rents and security deposits in a single financial account.
(d) If the landlord wilfully fails to comply with (b) of this section,
the tenant may recover an amount not to exceed twice the actual amount
withheld.
(e) This section does not preclude a landlord or tenant from recovering
other damages to which either may be entitled under this chapter.
(f) The holder of the landlord's interest in the premises at the
time of the termination of the tenancy is bound by this section.
(g) If the landlord or tenant gives notice that complies with AS
34.03.290, the landlord shall mail the written notice and refund required
by (b) of this section within 14 days after the tenancy is terminated and
possession is delivered by the tenant. If the tenant does not give notice
that complies with AS 34.03.290 , the landlord shall mail the written notice
and refund required by (b) of this section within 30 days after the tenancy
is terminated, possession is delivered by the tenant, or the landlord becomes
aware that the dwelling unit is abandoned. If the landlord does not know
the mailing address of the tenant, but knows or has reason to know how
to contact the tenant to give the notice required by (b) of this section,
the landlord shall make a reasonable effort to deliver the notice and refund
to the tenant. Title 9, Sec. 34.03.070
Disclosure.
(a) The landlord or a person authorized to enter into a rental agreement
on behalf of the landlord shall disclose to the tenant in writing
at or before the commencement of the tenancy the name and address of
(1) the person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and
on behalf of the owner for the purpose of service of process and for the
purpose of receiving and receipting for notices and demands.
(b) The information required to be furnished by this section shall
be kept current and this section extends to and is enforceable against
any successor landlord, owner, or manager.
(c) A person who fails to comply with (a) of this section becomes
an agent of each person who is a landlord for the purpose of
(1) service of process and receiving and receipting for notices
and demands; and
(2) performing the obligations of the landlord under this chapter
and under the rental agreement and expending or making available for the
purpose all rent collected from the premises.
(d) A mobile home park operator shall disclose fully in writing
all capital improvements that will be required to be made by the tenant
including but not limited to skirting or utility hook-ups, before entering
into a rental agreement. Title 34, Sec. 34.03.080
Landlord to supply possession of the dwelling unit.
(a) At the commencement of the term the landlord shall deliver possession
of the premises to the tenant in compliance with the rental agreement and
AS 34.03.100 . The landlord may, after serving a notice to quit under AS
09.45.100 - 09.45.105 to a person who is wrongfully in possession,
(1) bring an action for possession against any person wrongfully
in possession; and
(2) recover the damages provided in AS 34.03.290 .
(b) As a condition of delivery of possession of the premises to
the tenant, the landlord may require the tenant to acknowledge or verify
by the tenant's signature the accuracy of the premises condition statement
and contents inventory prepared under AS 34.03.020 (e). Before requiring
the tenant's signature, the landlord shall first advise the tenant that
the premises condition statement and contents inventory
(1) may be used by the landlord as the basis
(A) to determine whether prepaid rent or a security deposit shall
be applied to the payment of damages to the premises when authorized by
AS 34.03.070(b); and
(B) to compute the recovery of other damages to which the parties
may be entitled under this chapter; and
(2) is, in an action initiated by a party to recover damages or
to obtain other relief to which a party may be entitled under this chapter,
presumptive evidence of the condition of the premises and its contents
at the commencement of the term of
the period of occupancy covered by the rental agreement. Title
34, Sec. 34.03.090
Landlord to maintain fit premises.
(a) The landlord shall
(1) make all repairs and do whatever is necessary to put and keep
the premises in a fit and habitable condition;
(2) keep all common areas of the premises in a clean and safe condition;
(3) maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and
other facilities and appliances, including elevators, supplied or required
to be supplied by the
landlord;
(4) provide and maintain appropriate receptacles and conveniences
for the removal of ashes, garbage, rubbish, and other waste incidental
to the occupancy of the dwelling unit and arrange for their removal;
(5) supply running water and reasonable amounts of hot water and
heat at all times, insofar as energy conditions permit, except where the
building that includes 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;
(6) if requested by the tenant, provide and maintain locks and furnish
keys reasonably adequate to ensure safety to the tenant's person and property;
and
(7) provide smoke detection devices as required under AS 18.70.095
.
(b) A landlord of a single family residence located in an undeveloped
rural area or located where public sewer or water service has never been
connected is not liable for a breach of (a)(3) or (5) of this section if
the dwelling unit at the beginning of the rental agreement did not have
running water, hot water, sewage, orsanitary facilities from a private
system.
(c) The landlord and tenant of a one- or two-family residence may
agree in writing that the tenant perform the landlord's duties specified
in (a)(4), (5), (6), and (7) of this section. A tenant may agree to perform
the duties specified in (a)(3) of this section in rental units where the
rent exceeds $2,000 a month. They may also agree in writing that the tenant
perform specified repairs, maintenance tasks, alterations, and remodeling,
but the tenant may not agree to maintain elevators in good and safe working
order. Agreements are allowed under this subsection only if the transaction
is entered into in good faith and not for the purpose of evading the obligations
of the landlord.
(d) The landlord and tenant of a dwelling unit other than a single
family residence may agree that the tenant is to perform specified repairs,
maintenance tasks, alterations, or remodeling only if
(1) the agreement of the parties is entered into in good faith and
not for the purpose of evading the obligations of the landlord and is set
out in a separate writing signed by the parties and supported by adequate
consideration; and
(2) the agreement does not diminish or affect the obligation of
the landlord to other tenants in the premises.
(e) The landlord may not treat performance of a separate agreement
described in (d) of this section as a condition to an obligation or performance
of a rental agreement. Title 34, Sec. 34.03.100
Limitation of liability.
(a) Unless otherwise agreed, a landlord who conveys premises that
include a dwelling unit subject to a rental agreement in a good faith sale
to a bona fide purchaser is relieved of liability under the rental agreement
and this chapter as to events occurring subsequent to written notice to
the tenant of the conveyance. However,
(1) the landlord remains liable to the tenant for the property and
money to which the tenant is entitled under AS 34.03.070 , unless the property
and money are specifically assigned to and accepted by the purchaser; and
(2) the provisions of
(A) a premises condition statement prepared under AS 34.03.020 (e)
between the landlord and the tenant remains valid as between the purchaser
and the tenant until a new premises condition statement is entered into
between the purchaser and the tenant; and
(B) a contents inventory prepared under AS 34.03.020 (e) between
the landlord and the tenant remains valid as between the purchaser and
the tenant for the contents remaining on the premises after the conveyance
of the premises until a new contents inventory is entered into between
the purchaser and the tenant.
(b) Unless otherwise agreed, a manager of premises that include
a dwelling unit is relieved of liability under the rental agreement and
this chapter as to events occurring after written notice to the tenant
of the termination of the person's management. Title 34, Sec. 34.03.110[Renumbered
as AS 34.05.025 ]. Title 34, Sec. 34.03.115
Repealed or Renumbered
Article 04. TENANT OBLIGATIONS
Tenant obligations.
(a) The tenant
(1) shall keep that part of the premises occupied and used by the
tenant as clean and safe as the condition of the premises permit;
(2) shall dispose all ashes, rubbish, garbage, and other waste from
the dwelling unit in a clean and safe manner;
(3) shall keep all plumbing fixtures in the dwelling unit or used
by the tenant as clean as their condition permits;
(4) shall use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, kitchen, and other facilities and
appliances including elevators in the premises;
(5) may not deliberately or negligently destroy, deface, damage,
impair, or remove a part of the premises or knowingly permit any person
to do so;
(6) may not unreasonably disturb, or permit others on the premises
with the tenant's consent to unreasonably disturb, a neighbor's peaceful
enjoyment of the premises;
(7) shall maintain smoke detection devices as required under AS
18.70.095; and
(8) may 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.
(b) The tenant may not knowingly engage at the premises in prostitution,
an illegal activity involving a place of prostitution, an illegal activity
involving alcoholic beverages, an illegal activity involving gambling or
promoting gambling, an illegal activity involving a controlled substance,
or an illegal activity involving an imitation controlled substance, or
knowingly permit others in the premises to engage in one or more of those
activities at the rental premises. Title 34, Sec. 34.03.120
Rules and regulations.
(a) A landlord may adopt rules and regulations, which shall be posted
prominently on the premises, concerning the tenant's use and occupancy
of the premises. A rule or regulation is enforceable against the tenant
only if
(1) its purpose is to promote the convenience, safety, health, or
welfare of the tenants in the premises, preserve the landlord's property
from abusive use, or make a fair distribution of services and facilities
held out for the tenants generally;
(2) it is reasonably related to the purpose for which it is adopted;
(3) it applies to all tenants in the premises in a fair manner;
(4) it is sufficiently explicit in its prohibition, direction, or
limitation of the tenant's conduct to fairly inform the tenant of what
the tenant must or must not do to comply;
(5) it is not for the purpose of evading the obligations of the
landlord; and
(6) the tenant has notice of it at the time the tenant enters into
the rental agreement.
(b) A rule or regulation adopted after the tenant enters into the
rental agreement is enforceable against the tenant if reasonable notice
of its adoption is given to the tenant and it does not work a substantial
modification of the rental agreement.
(c) A mobile home park operator may determine by rule or regulation
the style or quality of the equipment, including but not limited to underskirting
and tie-downs, to be purchased by the tenant from the vendor of the tenant's
choice; however, the operator may not require that the equipment be purchased
from the operator. Title 34, Sec. 34.03.130
Access.
(a) The tenant may not unreasonably withhold consent to the landlord
to enter into the dwelling unit in order to inspect the premises, make
necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, remove personal property belonging
to the landlord that is not covered by a written rental agreement, or exhibit
the dwelling unit to prospective or actual purchasers, mortgagees, tenants,
workers, or contractors.
(b) The landlord may enter the dwelling unit without the consent
of the tenant in the case of emergency.
(c) A landlord may not abuse the right of access or use it to harass
the tenant. Except in case of emergency or if it is impracticable to do
so, the landlord shall give the tenant at least 24 hours notice of intention
to enter and may enter only at reasonable times and with the tenant's consent.
(d) The landlord does not have a right of access to the dwelling
unit
(1) except
(A) as permitted by this section;
(B) by court order; or
(C) as permitted by AS 34.03.230 (b); or
(2) unless the tenant has abandoned or surrendered the premises.
Title 34, Sec. 34.03.140
Tenant to use and occupy.
Unless otherwise agreed, the tenant shall occupy the dwelling unit
only as a dwelling unit. The rental agreement shall require that the tenant
notify the landlord of an anticipated extended absence from the premises
in excess of seven days; however, the notice shall be given as soon as
reasonably possible after the tenant knows the absence will exceed seven
days. Title 34, Sec. 34.03.150
Noncompliance by the landlord: General.
(a) Except as provided in this chapter, if there is a material noncompliance
by the landlord with the rental agreement or a noncompliance with AS 34.03.100
materially affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the
breach and specifying that the rental agreement will terminate upon a date
not less than 20 days after receipt of the notice if the breach is not
remedied in 10 days, and the rental agreement shall terminate as provided
in the notice subject to the provisions of this section. If the breach
is remediable by repairs or the payment of damages or otherwise, and the
landlord remedies the breach before the date specified in the notice, the
rental agreement will not terminate. In the absence of due care by the
landlord, if substantially the same act or omission that constituted a
prior noncompliance of which notice was given recurs within six months,
the tenant may terminate the rental agreement upon at least 10 days written
notice specifying the breach and the date of termination of the rental
agreement. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's family,
or other person on the premises with the tenant's consent.
(b) Except as provided in this chapter, the tenant may recover damages
and obtain injunctive relief for any noncompliance by the landlord with
the rental agreement or AS 34.03.100 , 34.03.210, or 34.03.280.
(c) The remedy provided in (b) of this section is in addition to
a right of the tenant under (a) of this section.
(d) If the rental agreement is terminated, the landlord shall return
all prepaid rent or security deposits recoverable by the tenant under AS
34.03.070 . Title 34, Sec. 34.03.160
Failure to deliver possession.
(a) If the landlord fails to deliver possession of the dwelling
unit to the tenant as provided in AS 34.03.090 , rent abates until possession
is delivered and the tenant may
(1) upon at least 10 days written notice to the landlord terminate
the rental agreement and upon termination the landlord shall return all
prepaid rent and security deposits; or
(2) demand performance of the rental agreement by the landlord and
if the tenant elects, maintain an action for possession of the dwelling
unit against the landlord and any person wrongfully in possession and recover
the damages sustained.
(b) If a person's failure to deliver possession is wilful and not
in good faith, an aggrieved tenant may recover from that person an amount
not to exceed one and one-half times the actual damages. Title 34,
Sec. 34.03.170
Wrongful failure to supply heat, water, hot water or essential
services.
(a) If, contrary to the rental agreement or AS 34.03.100 , the landlord
deliberately or negligently fails to supply running water, hot water, heat,
sanitary facilities, or other essential services, the tenant may give written
notice to the landlord specifying the breach and may immediately
(1) procure reasonable amounts of hot water, running water, heat,
sanitary facilities, and essential services during the period of the landlord's
noncompliance and deduct their actual and reasonable cost from the rent;
(2) recover damages based on the diminution in the fair rental value
of the dwelling unit; or
(3) procure reasonable substitute housing during the period of the
landlord's noncompliance, in which case the tenant is excused from paying
rent for the period of the landlord's noncompliance and, in addition, may
recover the amount by which the actual and reasonable cost exceeds rent.
(b) A tenant who proceeds under this section may not proceed under
AS 34.03.160 as to that breach.
(c) Rights do not arise under this section until the tenant has
given written notice to the landlord. Rights do not arise under this section
if the condition was caused by the deliberate or negligent act or omission
of the tenant, a member of the tenant's family, or other person on the
premises with the tenant's consent. Title 34, Sec. 34.03.180
Landlord's noncompliance as defense to action for possession
or rent.
(a) In an action for possession based upon nonpayment of the rent
or in an action for rent when the tenant is in possession, the tenant may
counterclaim for any amount recoverable under the rental agreement or this
chapter. If a counterclaim is made, the court shall determine whether the
defense is supported by the evidence and, if so, may order that
(1) the periodic rent is to be reduced to reflect the diminution
in value of the dwelling unit during the period of noncompliance;
(2) the action be continued for a reasonable time to enable the
landlord to cure the violation;
(3) the tenant pay into court all or part of the rent accrued and
thereafter accruing; if the violations have not been cured within six months,
the court shall enter judgment for the defendant and either refund to the
defendant all money deposited or use the money for the purpose of making
the dwelling fit for human habitation; if the violations have
been cured, the court shall determine the amount due to each party; the
party to whom a net amount is owed shall be paid first from the money paid
into the court, and the balance by the other party; if no rent remains
due after application of this section, judgment shall be entered for the
tenant in the action for possession;
(4) the tenant vacate the dwelling during the making of necessary
repairs, when the repairs cannot be made without vacation of the premises,
the tenant to be reinstated upon completion of the repairs.
(b) In an action for rent where the tenant is not in possession,
the tenant may counterclaim as provided in (a) of this section but the
tenant is not required to pay rent into court. Title 34, Sec. 34.03.190
Fire or casualty damage.
(a) If the dwelling unit or premises are damaged or destroyed by
fire or casualty to the extent that enjoyment of the dwelling
unit is substantially impaired, the tenant shall
(1) immediately vacate the premises and notify the landlord of the
intention to terminate the rental agreement, in which case the rental agreement
terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate the part of the dwelling
unit rendered unusable by the fire or casualty, in which case the tenant's
liability for rent is reduced in proportion to the diminution in the fair
rental value of the dwelling unit.
(b) If the rental agreement is terminated, the landlord shall return
all prepaid rent and security deposits recoverable under AS 34.03.070.
Accounting for rent in the event of termination or apportionment shall
occur as of the date of the casualty.Title 34, Sec. 34.03.200
Tenant's remedies for landlord's unlawful ouster, exclusion,
or diminution of service.
If the landlord unlawfully removes or excludes the tenant from the
premises or wilfully diminishes services to the tenant by interrupting
or causing the interruption of electric, gas, water, sanitary, or other
essential service to the tenant, the tenant may recover possession or terminate
the rental agreement and, in either case, recover an amount not to exceed
one and one-half times the actual damages. If the rental agreement is terminated,
the landlord shall return all prepaid rent and security deposits recoverable
by the tenant under AS 34.03.070. Title 34, Sec. 34.03.210
Noncompliance with rental agreement: Failure to pay rent.
(a) Except as provided in this chapter,
(1) if the tenant or someone in the tenant's control deliberately
inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5),
the landlord may deliver a written notice to quit to the tenant under AS
09.45.100 - 09.45.105 specifying the act constituting the breach
and specifying that the rental agreement will terminate upon a date that
is not less than 24 hours after service of the notice; for purposes of
this paragraph, damage to premises is "substantial" if the loss, destruction,
or defacement of property attributable to the deliberate infliction of
damage to the premises exceeds $400;
(2) if there is a material noncompliance by the tenant with the
rental agreement, or if there is noncompliance with AS 34.03.120 , other
than deliberate infliction of substantial damage to the premises or other
than noncompliance as to a utility service for which the provisions of
(e) of this section apply, materially affecting health and safety, the
landlord may deliver a written notice to quit to the tenant under AS 09.45.100
- 09.45.110 specifying the acts and omissions constituting the breach and
specifying that the rental agreement will terminate upon a date not less
than 10 days after service of the notice; if the breach is not remedied,
the rental agreement terminates as provided in the notice subject to the
provisions of this section; if the breach is remediable 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; in the absence of due care by the tenant, if substantially
the same act or omission that constituted a prior noncompliance
of which notice was given recurs within six months, the landlord may terminate
the rental agreement upon at least five days written notice to quit specifying
the breach and the date of termination of the rental agreement.
(b) If rent is unpaid when due and the tenant fails to pay rent
in full within seven days after written notice by the landlord of nonpayment
and the intention to terminate the rental agreement if the rent is not
paid within that period of time, the tenancy terminates unless the landlord
agrees to allow the tenant to remain in occupancy, and the landlord may
terminate the rental agreement and immediately recover possession of the
rental unit. Only one written notice of default need be given the tenant
by the landlord as to any one default. A landlord who has given written
notice to the tenant under this subsection may accept a partial payment
of the rent due under the rental agreement and extend the date for the
eviction accordingly.
(c) Except as provided in this chapter, the landlord may recover
actual damages and obtain injunctive relief for any noncompliance by the
tenant with the rental agreement or AS 34.03.120 .
(d) An order of abatement entered by a court under AS 09.50.170
terminates a rental agreement on the premises subject to the order of abatement.
(e) If a public utility providing electricity, natural gas, or water
to the premises occupied by the tenant discontinues the service to the
premises due to the failure of the tenant to pay for the utility service,
the landlord may deliver a written notice to quit to the tenant advising
that, notwithstanding (a) of this section, the tenancy will terminate five
days after the landlord's service of the notice. If, within three days
from the service of the notice, the tenant reinstates the discontinued
service and repays the landlord for any amounts paid by the landlord to
reinstate service, and if damage did not occur to the rental unit as a
result of the discontinuance of service, the rental agreement will not
terminate. However, in the absence of due care by the tenant, if substantially
the same act or omission that constituted a prior noncompliance under this
subsection for which notice was given recurs within six months, the landlord
may terminate the rental agreement upon at least three days' written notice
specifying the breach and the date of termination of the rental agreement.
(f) A person whose use of premises is based solely on rights acquired
by a tenant, and who has not individually acquired the rights
of a tenant under this chapter, does not acquire rights under this chapter
as a result of being present on the premises. Title 34, Sec. 34.03.220
Limitations on mobile home park operator's right to terminate.
(a) A mobile home park operator may evict a mobile home or a mobile
home park dweller or tenant only for one of the following reasons:
(1) the mobile home dweller or tenant has defaulted in the payment
of rent owed;
(2) the mobile home dweller or tenant has been convicted of violating
a federal or state law or local ordinance, and that violation is continuing
and is detrimental to the health, safety, or welfare of other dwellers
or tenants in the mobile home park;
(3) the mobile home dweller or tenant has violated a provision,
enforceable under AS 34.03.130 , of the rental agreement or lease signed
by both parties and not prohibited by law including rent and the terms
of agreement; and
(4) a change in the use of the land comprising the mobile home park,
or the portion of it on which the mobile home to be evicted is located;
however, all dwellers or tenants so affected by a change in land use shall
be given at least 180 days' notice, or longer if a longer notice period
is provided in a valid lease.
(b) A mobile home park operator may not evict a mobile home or a
mobile home park dweller or tenant because of the age of the mobile home,
except that a mobile home or a mobile home park dweller or tenant may be
evicted if, when the mobile home was admitted to the mobile home park,
a regulation of the mobile home park limiting the age of a mobile home
in the mobile home park was in effect, the mobile home is sold after the
age limitation has been exceeded, and the owner or tenant of the mobile
home has failed to bring the unit into compliance with the life safety
requirements of 24 CFR Part 3280. This does not prohibit eviction for violation
of a provision enforceable under AS 34.03.130 that requires that a mobile
home be in a fit and habitable condition.
(c) When, under (a) of this section, a mobile home park owner is
required to give notice to evict a mobile home owner or a mobile home park
dweller or tenant, provision of notice to quit under AS 09.45.100 - 09.45.105
satisfies the requirement of notice. Title 34, Sec. 34.03.225
Remedies for absence, nonuse and abandonment.
(a) When the rental agreement requires the tenant to give notice
to the landlord of an anticipated extended absence in excess of seven days
as required in AS 34.03.150 and the tenant wilfully fails to do so, the
landlord may recover an amount not to exceed one and one-half times the
actual damages.
(b) During an absence of the tenant in excess of seven days, the
landlord may enter the dwelling unit at times reasonably necessary as provided
in AS 34.03.140 . The landlord may reenter the dwelling unit and, if there
is evidence that the tenant has abandoned the dwelling unit, unless the
landlord and tenant have made a specific agreement to the contrary, the
landlord may terminate the rental agreement.
(c) If the tenant abandons the dwelling unit, the landlord shall
make reasonable efforts to rent it at a fair rental value. If the landlord
rents the dwelling unit for a term beginning before the expiration of the
rental agreement, the agreement is considered terminated on the date the
new tenancy begins. The rental agreement is considered terminated by the
landlord on the date the landlord has notice of the abandonment if the
landlord fails to use reasonable efforts to rent the dwelling unit at a
fair rental value or if the landlord accepts the abandonment as a surrender.
If the tenancy is from month to month, or week to week, the term of the
rental agreement for purposes of this section shall be considered a month
or a week, as the case may be. Title 34, Sec. 34.03.230
Waiver of landlord's right to terminate.
Acceptance of rent with knowledge of a default by the tenant or
acceptance of performance by the tenant that varies from the terms
of the rental agreement or rules or regulations subsequently adopted by
the landlord constitutes a waiver of the right of the landlord to terminate
the rental agreement for that breach, unless otherwise agreed after the
breach has occurred. Title 34, Sec. 34.03.240
Landlord liens; distraint for rent abolished.
(a) A lien or security interest on behalf of the landlord in the
tenant's household goods is not enforceable unless perfected before March
19, 1974.
(b) Distraint for rent is abolished. Title 34, Sec. 34.03.250
Disposition of abandoned property.
(a) Except as otherwise agreed, if, upon termination of a tenancy
including but not limited to a termination after expiration of a lease
or by surrender or abandonment of the premises, a tenant has left personal
property upon the premises, and the landlord reasonably believes that the
tenant has abandoned this personal property, the landlord may
(1) give notice to the tenant demanding that the property be removed
within the dates set out in the notice but not less than 15 days after
delivery or mailing of the notice, and that if the property is not removed
within the time specified, the property may be sold; if the property is
not removed within the time specified in the notice, the landlord may sell
the property at a public sale; the landlord may dispose of perishable commodities
in any manner the landlord considers fit;
(2) if the tenant has left personal property that is reasonably
determined by the landlord to be valueless or of such little value that
the cost of storing and conducting a public sale would probably exceed
the amount that would be realized from the sale, the landlord may notify
the tenant that the property be removed within the date specified in the
notice but not less than 15 days after delivery or mailing of the notice,
and that if the property is not removed within the time specified, the
landlord intends to destroy or otherwise dispose of the property; if the
property is not removed within the time specified in the notice, the landlord
may destroy or otherwise dispose of the property; in the notice, the landlord
shall indicate an election to sell certain items of the tenant's personal
property at public sale and to destroy or otherwise dispose of the remainder.
(b) After notice as provided in (a) of this section, the landlord
shall store all personal property of the tenant in a place of safekeeping
and shall exercise reasonable care of the property, but is not responsible
to the tenant for loss not caused by the landlord's deliberate or negligent
act. The landlord may elect to store the property on the premises previously
demised, in which event the storage cost may not exceed the fair rental
value of the premises. If the tenant's property is removed to a commercial
storage company, the storage cost shall include the actual charge for the
storage and removal from the premises to the place of storage.
(c) After landlord's notice under (a) of this section, or otherwise,
if the tenant makes timely response in writing of an intention to remove
the personal property from the premises and does not do so within the time
specified in the landlord's notice or within 15 days of the delivery or
mailing of the tenant's written response whichever is later, it shall be
conclusively presumed that the tenant has abandoned the property. If the
tenant removes the property after notice, the landlord is entitled to the
cost of storage for the period the property has remained in the landlord's
safekeeping.
(d) The landlord is not liable in damages in an action by a tenant
claiming loss by reason of the landlord's storage, destruction, or disposition
of property under this section. A landlord who deliberately or negligently
violates the provisions of this section is liable for actual damages and
penal damages of an amount not to exceed actual damages.
(e) A public sale authorized under this section shall be conducted
under AS 09.35.140 . The landlord may dispose of any property
upon which no bid is made at the public sale. Title 34, Sec. 34.03.260
Remedy after termination.
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. Title 34, Sec. 34.03.270
Recovery of possession limited.
A landlord may not recover or take possession of the dwelling unit
by action or otherwise, including wilful diminution of services to the
tenant by interrupting or causing the interruption of electricity, gas,
water, sanitary, or other essential services to the tenant, except in case
of abandonment, surrender, circumstances beyond the control of the landlord
due to energy conditions, or as permitted in this chapter. Title 34, Sec.
34.03.280
Service of process upon tenant.
In an action for possession under this chapter, the summons and
complaint shall be served under the provisions of Rule No. 85 of the Rules
of Civil Procedure. A continuance may not be granted plaintiff or defendant
except for good cause shown. Title 34, Sec. 34.03.285
Periodic tenancy and holdover.
(a) While rent is current, the landlord or the tenant may terminate
a week to week tenancy by a written notice given to the other at least
14 days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month to month tenancy
by a written notice given to the other at least 30 days before the rental
due date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or after its termination
under (a) or (b) of this section, the landlord may, after serving a notice
to quit to the tenant under AS 09.45.100 - 09.45.105, bring an action for
possession and if the tenant's holdover is wilful and not in good faith
the landlord, in addition, may recover an amount not to exceed one and
one-half times the actual damages. If the landlord consents to the tenant's
continued occupancy, AS 34.03.020 applies. Title 34, Sec. 34.03.290
Landlord and tenant remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord may
obtain injunctive relief to compel access or terminate the rental
agreement. In either case, the landlord may recover an amount not to exceed
the actual damages or one month's periodic rent, whichever is greater.
If the landlord terminates the rental agreement, the landlord shall give
written notice to the tenant at least 10 days before the date specified
in the notice.
(b) If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or makes repeated demands for entry otherwise lawful
but which have the effect of unreasonably harassing the tenant, the tenant
may obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement. In either case, the tenant may recover
an amount not to exceed the actual damages or one month's periodic rent,
whichever is greater, court costs and reasonable attorney fees. If the
tenant terminates the rental agreement, the tenant shall give written notice
to the landlord at least 10 days before the date specified in the notice.
Title 34, Sec. 34.03.300
Retaliatory conduct prohibited.
(a) Except as provided in (c) and (d) of this section, a landlord
may not retaliate by increasing rent or decreasing services or by bringing
or threatening to bring an action for possession after the tenant has
(1) complained to the landlord of a violation of AS 34.03.100 ;
(2) sought to enforce rights and remedies granted the tenant under
this chapter;
(3) organized or become a member of a tenant's union or similar
organization; or
(4) complained to a governmental agency responsible for enforcement
of governmental housing, wage, price, or rent controls.
(b) If the landlord acts in violation of (a) of this section, the
tenant is entitled to the remedies provided in AS 34.03.210 and has a defense
in an action against the tenant for possession.
(c) Notwithstanding (a) and (b) of this section, after serving a
notice to quit to the tenant under AS 09.45.100 - 09.45.105, a landlord
may bring an action for possession if
(1) the tenant is in default in rent;
(2) compliance with the applicable building or housing code requires
alteration, remodeling, or demolition that would effectively deprive the
tenant of use of the dwelling unit;
(3) the tenant is committing waste or a nuisance, or is using the
dwelling unit for an illegal purpose or for other than living or dwelling
purposes in violation of the rental agreement;
(4) the landlord seeks in good faith to recover possession of the
dwelling unit for personal purposes;
(5) the landlord seeks in good faith to recover possession of the
dwelling unit for the purpose of substantially altering, remodeling, or
demolishing the premises;
(6) the landlord seeks in good faith to recover possession of the
dwelling unit for the purpose of immediately terminating for at least six
months use of the dwelling unit as a dwelling unit; or
(7) the landlord has in good faith contracted to sell the property,
and the contract of sale contains a representation by the purchaser corresponding
to (4), (5) or (6) of this subsection.
(d) Notwithstanding (a) of this section, the landlord may increase
the rent if the landlord
(1) has become liable for a substantial increase in property taxes,
or a substantial increase in other maintenance or operating costs not associated
with compliance with the complaint or request, not less than four months
before the demand for an increase in rent; and the increase in rent bears
a reasonable relationship to the net increase in taxes or costs;
(2) has completed a capital improvement of the dwelling unit or
the property of which it is a part and the increase in rent does not exceed
the amount that may be claimed for federal income tax purposes as a straight-line
depreciation of the improvement, prorated among the dwelling units benefited
by the improvement;
(3) can establish by competent evidence that the rent now demanded
of the tenant does not exceed the rent charged other tenants of similar
dwelling units in the building or, in the case of a single-family residence
or if there is no similar dwelling unit in the building, does not exceed
the fair rental value of the dwelling unit.
(e) Maintenance of the action under (c) of this section does not
release the landlord from liability under AS 34.03.160 (b). Title
34, Sec. 34.03.310
Obligation of good faith.
Every duty under this chapter and every act that must be performed
as a condition precedent to the exercise of a right or remedy
under this chapter imposes an obligation of good faith in its
performance or enforcement. The aggrieved party has a duty to
mitigate damages. Title 34, Sec. 34.03.320
Application and exclusions.
(a) This chapter applies to and determines rights, obligations and
remedies under a rental agreement, wherever made, for a dwelling
unit in this state.
(b) Unless created to avoid the application of this chapter, the
following arrangements are not governed by this chapter:
(1) residence at an institution, public or private, if incidental
to detention or the provision of medical, geriatric, educational, counseling,
religious, or similar services;
(2) occupancy under a contract of sale of a dwelling unit or the
property of which it is a part if the occupant is the purchaser or a person
who succeeds to the interest of a purchaser;
(3) occupancy by a member of a fraternal or social organization
in the portion of a structure operated for the benefit of the organization;
(4) transient occupancy in a hotel, motel, lodgings, or other transient
facility;
(5) occupancy by an employee of a landlord whose right to occupancy
is conditioned upon employment substantially for services, maintenance,
or repair to the premises;
(6) occupancy by an owner of a condominium unit or a holder of a
proprietary lease in a cooperative;
(7) occupancy under a rental agreement covering premises used by
the occupant primarily for agricultural purposes;
(8) occupancy under a rental agreement covering premises used as
part of a transitional or supportive housing program that is sponsored
or operated by a public corporation or by a nonprofit corporation and that
provides shelter and related support services intended to improve the occupant's
opportunity to obtain
permanent housing. Title 34, Sec. 34.03.330
Proof of certain property damage claims.
In an action initiated by a party to recover damages or to obtain
other relief to which a party may be entitled under this chapter, a premises
condition statement and contents inventory prepared under AS 34.03.020(e)
is presumptive evidence of the condition of the premises and its contents
at the commencement of the term of the period of occupancy covered by the
rental agreement between the parties.
Unless its authenticity is rebutted by clear and convincing evidence
by the party against whom the statement and contents inventory is offered,
the statement and contents inventory may be offered by a party, without
additional supporting evidence, as the basis on which to compute
the recovery of damages to which the party may be entitled under this chapter.
Title 34, Sec. 34.03.335
Service of process.
If a landlord is not a resident of this state or is a corporation
not authorized to do business in this state and engages in any conduct
in this state governed by this chapter, or engages in a transaction subject
to this chapter, the landlord may designate an agent upon whom service
of process may be made in this state. The
agent shall be a resident of this state or a corporation authorized
to do business in this state. The agent shall be the same person
designated under AS 34.03.080. The designation shall be in writing and
filed with the commissioner of community and economic development. If no
designation is made and filed or if process cannot be served in this state
upon the designated agent, process may be served upon the commissioner
of community and economic development, but the service upon the commissioner
is not effective unless the plaintiff or petitioner immediately mails a
copy of the process and pleadings by certified or registered mail to the
defendant or respondent at the last ascertainable address of the defendant
or respondent. An affidavit of compliance with this section shall be filed
with the clerk of the court having jurisdiction on or before the return
day for the process, if any, or within any further time allowed by the
court. Title 34, Sec. 34.03.340
Mediation and binding arbitration.
(a) A landlord and a tenant may agree to mediate disputes between
them as to an obligation of either of them arising out of the rental agreement.
If the landlord and tenant agree to mediate disputes, they shall include
the scope of the agreement within the executed rental agreement, incorporate
a reference to that agreement within the rental agreement, or add the text
of the agreement as a separate attachment to the rental agreement.
(b) A landlord and a tenant may agree to binding arbitration of
the disputes between them as to an obligation of either of them arising
out of the rental agreement. If the landlord and tenant agree to binding
arbitration, they shall include the scope of the agreement within the executed
rental agreement, incorporate a reference to that agreement within the
rental agreement, or add the text of the agreement as a separate attachment
to the rental agreement. Title 34, Sec. 34.03.345
Attorney fees.
Attorney fees shall be allowed to the prevailing party in any proceeding
arising out of this chapter or a rental agreement. Title 34, Sec.
34.03.350
Definitions.
In this chapter
(1) "abandonment" means that the tenant has left the dwelling unit
and the tenant's personal belongings in it and has been absent for a continuous
period of seven days or longer without giving notice under AS 34.03.150
and has defaulted in the payment of rent;
(2) "building and housing codes" include any law, ordinance, or
governmental regulation concerning fitness for habitation, or the construction,
maintenance, operation, occupancy, use, or appearance of a premise or dwelling
unit;
(3) "dwelling unit" means a structure or a part of a structure that
issued as a home, residence, or sleeping place by one person who maintains
a household or by two or more persons who maintain a common household,
and includes mobile homes, and if located in a mobile home park, the lot
or space upon which a mobile home is placed;
(4) "fair rental value" means the average rental rate in the community
for available dwelling units of similar size and features;
(5) "good faith" means honesty in fact in the conduct of the transaction
concerned;
(6) "illegal activity involving alcoholic beverages" means a person's
delivery of an alcoholic beverage in violation of AS 04.11.010 (b) in an
area where the results of a local option election have, under AS 04.11.491,
prohibited the Alcoholic Beverage Control Board from issuing, renewing,
or transferring a liquor license or permit under AS 04;
(7) "illegal activity involving a controlled substance" means a
violation of AS 11.71.010 (a), 11.71.020(a), 11.71.030(a)(1) or (2), or
11.71.040(a)(1), (2), or (5);
(8) "illegal activity involving gambling or promoting gambling"
means a violation of
(A) AS 11.66.200 , other than a social game as that term is defined
by AS 11.66.280 (9); and
(B) AS 11.66.210 or 11.66.220;
(9) "illegal activity involving an imitation controlled substance"
means a violation of AS 11.73.010 - 11.73.030;
(10) "illegal activity involving a place of prostitution" means
a violation of AS 11.66.120 (a)(1) or 11.66.130(a)(1) or (4);
(11) "landlord" means the owner, lessor, or sublessor of the dwelling
unit or the building of which it is a part, and it also means a manager
of the premises who fails to disclose as required by AS 34.03.080 ;
(12) "organization" includes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or association,
two or more persons having a joint or common interest, and any other legal
entity;
(13) "owner" means one or more persons, jointly or severally, in
whom is vested all or part of the legal title to property or all or part
of the beneficial ownership of property and a right to present use of the
premises; the term includes a mortgagee in possession;
(14) "premises" means a dwelling unit and the structure of which
it is a part and facilities and appurtenances in it and grounds, areas,
and facilities held out for the use of tenants generally or whose use is
promised to the tenant;
(15) "prepaid rent" means that amount of money demanded by the landlord
at the initiation of the tenancy for the purpose of ensuring that rent
will be paid, but does not include the first month's rent or money received
as security for damage;
(16) "prostitution" means an act in violation of AS 11.66.100 ;
(17) "rent" means the uniform periodic payment due the landlord,
however denominated;
(18) "rental agreement" means all agreements, written or oral, and
valid rules and regulations adopted under AS 34.03.130 embodying the terms
and conditions concerning the use and occupancy of a dwelling.
