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State of Alaska Property Law
Alaska Statutes Title 34: Property Law
Chapter 3: Landlord-Tenant Relations

Chapter 3. Uniform Residential Landlord and Tenant Act. Article 1. Purposes and Rules of Construction. Section 10. Purpose and Construction. Section 90. Landlord to Supply Possession of the Dwelling Unit. Section 170. Failure to Deliver Possession. Section 220. Noncompliance With Rental Agreement: Failure to Pay Rent. Section 250. Landlord Liens; Distraint For Rent Abolished. Section 270. Remedy After Termination. Section 280. Recovery of Possession Limited. Section 285. Service of Process Upon Tenant. Article 7. Periodic Tenancy, Holdover, and Abuse of Access. Section 290. Periodic Tenancy and Holdover. Section 345. Mediation and Binding Arbitration. Section 350. Attorney Fees. Chapter 45. Actions Relating to Real Property. Chapter 3: Uniform Residential Landlord and Tenant Act Article 1: Purposes and Rules of Construction Section 10. 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. Top Article 3: Landlord Obligations Section 90. 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. Top Article 5: Tenant Remedies Section 170. 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. Top Article 6: Landlord Remedies Section 220. 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. Top Article 6: Landlord Remedies Section 250. 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. Top Article 6: Landlord Remedies Section 270. 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. Top Article 6: Landlord Remedies Section 280. 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. Top Article 6: Landlord Remedies Section 285. 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. Top Article 7: Periodic Tenancy, Holdover, and Abuse of Access Section 290. 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. Top Article 9: General Provisions Section 345. 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. Top Article 9: General Provisions Section 350. Attorney Fees. Attorney fees shall be allowed to the prevailing party in any proceeding arising out of this chapter or a rental agreement. Top Alaska Statutes Title 9 Code of Civil Procedure Chapter 45 Actions Relating to Real Property Article 2: Forcible Entry and Detainer Section 100. Notice to Quit. (a) Except where service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except when notice to quit is not required by AS 09.45.090(a)(3) or (b)(3), a person entitled to the premises who seeks to recover possession of the premises may not commence and maintain an action to recover possession of premises under AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit to the person in possession. (b) To recover possession of premises after a tenant or person in possession has failed or refused to pay rent due, service of the written notice required by AS 34.03.220(b) or of a demand in writing for possession of the premises (1) constitutes notice to quit, and service of a separate notice to quit is not required; and (2) satisfies the requirements of (c) of this section and AS 34.03.310(c). (c) A notice to quit shall be in writing and shall be served upon the tenant or person in possession by being (1) delivered to the tenant or person; (2) left at the premises in case of absence from the premises; or (3) sent by registered or certified mail. Top Article 2: Forcible Entry and Detainer Section 105. Content of Notice to Quit. Notice to quit served upon the tenant or person in possession must (1) state (A) the nature of the breach or violation of the lease or rental agreement or other reason for termination of the tenancy of the tenant or person in possession; (B) in circumstances in which the breach or violation described in (A) of this paragraph may be corrected by the tenant or person in possession to avoid the termination of the tenancy, the nature of the remedial action to be taken, and the date and time by which the corrective actions must be completed in order to avoid termination of the tenancy; (C) the date and time when the tenancy of the tenant or person in possession under the lease or rental agreement will terminate; (2) direct the tenant or person in possession to quit the premises not later than the date and time of the termination of the tenancy; and (3) give notice to the tenant or person in possession that, if the tenancy terminates and the tenant or person in possession continues to occupy the premises, the landlord may commence a civil action to remove the tenant or person and recover possession. Top Article 2: Forcible Entry and Detainer Section 110. Time When Action to Recover Possession May Be Brought. An action for the recovery of the possession of the premises may be commenced on or after the date the tenant or person in possession unlawfully holds possession of the dwelling unit or rental premises by force, as determined under AS 09.45.090. Top