Alaska Property Management Laws

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.

Property Management Laws Overview in Alaska
Code	Description
08.88.171	Licensing Laws
34.03.020	Rental Application Laws
34.03.070	Security Deposit Laws
34.03.220	Lease and Termination Laws
N/A	Rent and Late Fee Laws
34.03.080	Disclosure Laws
34.03.100	Landlord Responsibility Laws
34.03.100	Property Maintenance and Repair Laws

Property Management Licensing Laws

Knowledge of licensing laws is vital to ensure successful property management. In Alaska, it is possible to manage community properties with a partial real estate license, provided the educational and other requirements are met (AS 08.88.171). 

Who qualifies for a partial real estate license for the purpose of community management?

There are educational as well as professional requirements in order to be licensed as a real estate broker or associate broker in Alaska, a requirement for managing properties. These rules include:

• The applicant must pass the brokers examination and apply for a license no longer than six months of this passing.
• Educational requirements as describes in AS 08.88.095 must be adhered to.
• Applicants must possess at least 36 months of active experience as a real estate licensee.
• Applicants must have no criminal charges in the preceding seven years to the application that could lead the real estate council to doubt the competency and safety of their real estate practices.

Rental Application Laws

What must be included in a lease for it to be valid?
Clear laws defining what constitutes a legal rental agreement are found in section 34.03.020 of the Alaska Uniform Residential Landlord & Tenant Act. A lease needs to contain identifying information about the renters, the property and fees associated with renting including the cost of rent, in addition to the name and address of the owner and any managing agents. It also must be clearly outlined what the tenant’s rights and responsibilities are regarding their property, such as whether pets are allowed and if there is a pet deposit required — if there is, it must state the amount of the pet deposit fee on the lease.

What is the maximum amount that can be charged for an application fee?
There may be a fee charged to process a rental application, but there are no regulations limiting the cost of an application fee in the state of Alaska. 

What is the law when it comes to requesting criminal records or credit checks from prospective tenants?
According to the Fair Credit Reporting Act Section 604(a)(3)(F), consent must be given by an applicant before running any background screening. Property owners and managers are permitted to deny applicants based on income, rental history, criminal history and credit score.

Do discrimination laws apply to tenant screening?
Under the federal Fair Housing Act, it is illegal to refuse to rent to a potential renter on grounds of race, gender, disability, marital status or nationality. 

Security Deposit Laws

What is the maximum amount that can be charged for a security deposit?
Security deposits are required to protect property owners’ investments. In the event that a tenant becomes delinquent on their rent and is evicted, or leaves damages to the property when they move, a security deposit allows investors to recuperate lost income instead of taking tenants to civil court. Defined in statute 34.03.070, a landlord may charge a security deposit up to twice the amount of one month’s rent. 

How much time does a landlord have to refund a deposit after a tenant moves out?
When notice is served correctly under the lease termination laws, statute 34.030.070.g states that a landlord has 14 days from the time the notice was mailed to send a refund of the deposit. If there were damages done to the property requiring a portion or all of the deposit to be used for repairs, a landlord then has 30 days to refund what’s leftover. If a landlord fails to adhere to this timeframe, a tenant may seek a refund of their deposit plus half of the total amount owed to them.  

Laws About Leases and Lease Termination

What types of leases are there in Alaska?
The length of the lease, as well as all the stipulations inside it, is negotiated between the property manager and renter. When in a lease agreement, both parties are required to uphold their responsibilities in all areas of the agreement until the end of the lease, which is to be clearly defined in the document. A month-to-month lease does not require a specific timeframe to be included, but it must be noted that the lease is on a month-to-month basis and all other aspects of the lease agreement will be identical to long-term leases.

What happens if a tenant violates a lease?
There are many ways in which a tenant can violate a lease, and it is clearly defined under statute 34.03.220 what rights landlords have when tenants are in breach of the lease agreement. According to statute 34.03.220, a tenant can violate a lease by:

• Failing to pay rent in a timely manner
• Damaging the property
• Engaging in illegal activity at the property
• Allowing utilities to be disconnected due to non-payment

How much notice is required for termination of a lease due to tenant behavior?

In the event that a tenant causes substantial (over $400) damages to a property in breach of AS 34.03.120(a.5) or engages in illegal activities including prostitution on the property in breach of AS 34.03.120(b), landlords are required to provide no less than 24 hours and no more than 5 days’ notice before requiring a tenant to vacate the premises, per statute 34.03.220(a.1). If a tenant repairs the damages, the landlord may still proceed with the eviction.

If a tenant breaches the lease through a willful behavior that is prohibited in the lease, such as excessive noise at night, a landlord can then give the tenant 10 days’ notice to leave the premises.

How much notice must a landlord give before evicting a tenant due to non-payment of rent?

If a tenant is to be evicted on the grounds of non-payment of rent, 34.03.220(b) states that a landlord may send the tenant a written notice of intent to evict if rent is not received within seven days, and this notice can be sent on the first day following the rents due date, typically the first of the month. In Alaska, a landlord cannot evict a tenant due to the non-payment of fees such as late charges, but they may file a notice to quit for violation of agreed-upon terms in the lease, including paying fines imposed by the management.

How much notice is required for a month-to-month lease termination?

In the case of month-to-month lease termination, statute 34.03.290.b requires a landlord to provide at least 30 days’ notice to the tenant, and a tenant must give at least the same amount of notice. If a tenant does not abide by the 30-day rule, they will be responsible for one month’s rent or for prorated rent on however long the unit is vacant if less than 30 days (AS 34.03.230.c). 

How much notice must a landlord provide before making renovations to a property that could result in the tenant needing to move?  

There are no state laws on this, but there may be local, city or regional laws that may apply.

When can a tenant terminate a lease without a penalty?

Generally, a tenant is required to carry out the length of their previously agreed upon tenancy and is responsible to pay for every month of their agreed-upon lease term, whether or not they live in the building. If the residency is somehow uninhabitable, a tenant may give 20 days’ notice and vacate without being held responsible for the rents due on the remaining length of their lease. If a landlord is able to make repairs that satisfy the requirements to return the domicile to habitability, the landlord has 10 days to make those repairs or the lease can be legally broken under the Landlord and Tenant Act.

How much notice is needed before a service member can terminate a lease?

Since the implementation of the Service Members Civil Relief Act in 2003, it is possible for service members across the country to break their rental agreements without being held responsible for the remaining months’ rent and other fees. Service members must be and remain on active duty for a minimum of 90 days as well as prove that they signed the lease before they entered into active duty. If a military member entered into the lease after entering active duty, they must be able to prove that they are required to move permanently due to their service. Service members must provide 30 days’ notice ideally, with a copy of their military identification card. Once this process is complete, the lease should end 30 days after the next rent payment is due.

Are special lease laws available for domestic violence victims?

There are no laws in Alaska that allow victims of domestic violence to break a lease without incurring a penalty. There may be federal access to protection through the Victims Against Women’s Act (VAWA), which helps women and men with domestic violence issues in homes that are managed by the Department of Housing and Urban Development, such as the Section 8 rental assistance program. 

Laws About Rent and Late Fees

Can the landlord change the rent?

According to the Landlord and Tenant Act, a landlord may only raise the rent on a property if there is not a lease with a predetermined monthly rate. In the event of a rent increase, the tenant must be provided with 30 days’ notice prior to the rent being raised.

How much can be charged as a late fee for delinquent rent payments?

Property managers decide when late fees are assessed and how much they can be, though there is a limit of 10.5% of the monthly rent due, according to the Landlord & Tenant Act. When preparing a lease document, be sure to clearly outline any expected fees associated with tenancy, including what fees are charged when rents are paid late and what day a rent payment will be assessed a late fee. When rent and fees are left unpaid and a tenant is taken to civil court, only those fines clearly outlines in the lease will be considered by the judge as valid, assuming they are fair (this is up to the judge’s discretion in Alaska).

Legally Required Disclosures

What types of disclosures are landlords required to supply regarding ownership of the property?

According to statute 34.03.080, landlords are required to provide tenants with the name and address of the owner of the property as well as of the person or people managing the property. 

Can the owner or landlord designate an agent to serve and receive disclosures on their behalf?

Yes, and this agent’s name and address must be noted in the lease document (34.03.080). These agents are typically staff members of property management companies.

What disclosures related to mold are landlords required to supply?

The law regarding the presence of mold in a residency is unclear in Alaska, but per statute 34.03.100, landlords are required to maintain buildings in fit and habitable conditions. This rule extends to the living areas as well as any common grounds on the premises, electrical, plumbing, heating and any other expected amenity included in the lease.

What disclosures related to lead paint are landlords required to supply?

For units built before 1978, landlords are required to provide their tenants with a lead-based paint disclosure form that identifies whether or not the building contains any lead paint under the Landlord and Tenant Act. 

Laws About Landlord Responsibilities

How much notice does the landlord have to supply before entry?

A landlord must provide at least 24 hours’ notice before entering the dwelling unit (34.03.140), and they must request access during reasonable hours when it is practical to do so. If the landlord suspects an emergency, they may enter the premises without consent.

When can the tenant refuse to allow the landlord entry?

A tenant cannot refuse entry to a landlord if written notice to access the residency has been supplied. In the event of an emergency, a landlord does not need consent to enter the dwelling. However, a landlord may not abuse this right to harass the tenant.

What steps must the landlord take to keep the property habitable? 

Under AS 34.03.100, the landlord is responsible for all actions that would maintain the property, including:

• Keeping grounds clear of debris and neat
• Provide working smoke detectors and carbon monoxide alarms

What amenities must the landlord supply and maintain? 

Landlords are responsible for garbage collection and working amenities including (AS 34.03.100.03):

• Electricity
• Plumbing
• Ventilation
• Air-conditioning
• Kitchen and facilities with appliances
• Any other amenity as promised by the landlord, such as elevators

What utilities must the landlord supply and maintain? 

In Alaska, landlords are responsible for supplying fresh hot and cold running water and heating to the building. If the building has direct access to public utilities or does not have access to a well, the tenant may waive this right and agree to pay heating costs as defined in the lease agreement (34.03.100.6).

Does the landlord have to supply a certificate of inspection to the tenant? 

An inspection report is not required by law to be furnished to every tenant. However, if a tenant wishes to see a recent inspection report, they may request one, and the landlord must furnish it according to AS 34.03.020(e). 

Is the landlord required to supply locks and keys?

Yes, and a tenant may insist that the locks are changed if the property becomes unsafe. With the permission of the owner or property manager, tenants may install a secondary lock such as a deadbolt (AS 34.03.100.06).

Are retaliatory actions prohibited in Alaska?

According to Article 8 of the Alaska Uniform Residential Landlord and Tenant Act, retaliatory actions against tenants, such as threatening eviction or threatening to increase rent or reduce services, are strictly prohibited. Tenants are protected from retaliatory actions if they:

• Complain about a violation of any protection granted under AS 34.03.100
• Become a member of a tenant’s union
• Exercise any of their legal rights under the Landlord & Tenant Act
• Complain to any government agency regarding their tenancy or rent

How long does a landlord have to retain a tenant’s property if they abandon it on the property?

If a tenant leaves personal property on the premises after moving out, the property owner must provide written notice to the tenant of their intent to dispose of the property, no earlier than 15 days after the notice is sent. These possessions may be stored in a commercial facility, and the tenant will be charged for the costs incurred by storage of their possessions (AS 34.03.260). If after 15 days, the tenant has not retrieved their property, the property manager may either sell the property at public auction or dispose of it. 

Property Maintenance and Repair Laws

What type of maintenance is the landlord responsible for? 

The landlord is responsible for all necessary tasks that are required to maintain a property in a neat and habitable condition.

How long does the landlord have to make repairs once a maintenance request is submitted by the tenant? 

There is no law stating how long it can take a landlord to make repairs. However, a tenant may give notice to quit after at least 20 days if the repairs are not made within 10 days after the landlord receives notice.

What type of maintenance is the tenant responsible for?

Tenants are required to maintain the premises in a clean, safe condition (34.03.120), including maintaining working fire alarms. If the residence is a house or a duplex, it may be agreed upon in writing that the tenant will be responsible for certain tasks, which must be outlined in the agreement.

When does a landlord have to return and/or lower rent due to diminished rental value?

There are no state laws regarding rental rates on properties with diminished value. Municipal, county or federal laws may apply.

When can a tenant request an official inspection to determine substandard or dangerous living conditions?

A tenant may make a good faith request for an inspection at any point, but it is recommended to request an inspection before signing a lease. If the landlord does not provide an inspection, the tenant may break the lease if the housing is not being kept in good habitable condition (34.03.100).

Under what circumstances can a tenant make a repair and deduct the cost from the rent paid to the landlord?

If a tenant pays more than $2,000 a month in a one- or two-family residence, they may agree in the lease that a portion of the rent will be waived in exchange for repairs or maintenance services (34.03.100.c). 

Additional Rental Law Resources for the State of Alaska

These resources can provide landlords and tenants with resources and education regarding renters’ rights in Alaska.

Name	Phone Number	Description
Section 8 Housing Choice Voucher Program	(907) 330-6100	Offers renters their choice of qualified apartments in an area and gives property managers and landlords security with government-backed monthly housing assistance payments on behalf of renters, as well as access to educational resources.
Alaska Landlord and Tenant Act	N/A	Full guide of regulations as well as samples of documents including termination notices and requests for maintenance service.
Housing Discrimination Hotline	(800) 669-9777	Provides tenants with guidance regarding fair housing standards in Alaska and resources to access when facing discriminatory housing practices, including help lodging complaints against landlords and property management companies.
Heating Assistance Program(HAP)	(800) 470-3058	Landlords and renters can utilize federal funding through the HAP program to renovate existing housing structures, increasing energy efficiency with such improvements as upgrading insulation, doors, and windows.

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.