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 unit and premises;
(19) "sanitary facility" means a flush toilet and
proper drainage for all toilets, sinks, basins, bathtubs, and
showers;
(20) "single family residence" means a structure
maintained and used as a single dwelling unit;
(21) "tenant" means a person entitled under a
rental agreement to occupy a
dwelling unit to the exclusion of others;
(22) "undeveloped rural area" means an area where
public sewer or water services are not available. Title 34,
Sec. 34.03.360
Applicability.
After March 19, 1974, this chapter applies to any rental
agreement, lease, or tenancy entered into, extended, or renewed by
the payment of rent on or subsequent to that date. Title 34,
Sec. 34.03.370
Chapter 34.05. AGRICULTURAL AND PERSONAL PROPERTY
Article 01. AGRICULTURAL PROPERTY
Short title.
This chapter may be cited as the "Uniform Residential
Landlord and Tenant Act."
[Repealed, Sec. 4 ch 10 SLA 1974]. Title 34, Chap.
34.05, Sec. 34.05.010. - 34.05.020
Repealed or Renumbered
Agricultural tenants.
A tenant whose lease or occupancy is for agricultural
purposes and who breaches the rental agreement, or
continues in possession of the premises at the expiration of the
time limited in or contrary to a condition or covenant in the lease
or agreement under which the tenant holds, shall be
provided with a written notice specifying the breach and demanding
the tenant quit the premises at least 30 days before commencement of
an action for the recovery of the property. The tenant shall have
free access to the premises to cultivate and harvest crops or
produce planted by the tenant before the service of the notice of
the breach and demand to quit the premises. Title 34, Chap. 34.05,
Sec. 34.05.025
Obtaining rental equipment with intent to defraud.
[Repealed, Sec. 21
ch 166 SLA 1978]. Title 34, Chap. 34.05, Sec. 34.05.030
Repealed or Renumbered
Failure to return rental equipment.
A person in possession of equipment under an agreement in
writing that requires the person to return the equipment to
a particular place or at a particular time who refuses or wilfully
neglects to return it to the place and at the time specified in the
agreement in writing, or who secretes, converts, sells, or attempts
to sell the equipment or any part of it is, upon conviction,
punishable by imprisonment for not more than one year, or by a fine
of not more than $1,000, or by both. Title 34, Chap. 34.05,
Sec. 34.05.040
Definitions.
In AS 34.05.040
(1) "equipment" means any tools, machinery,
implements, or appliances used for any type of purpose or service;
(2) "wilfully neglects" means omits, fails, or
forebears, with a conscious purpose to injure, or without regard for
the rights of the owner, or with indifference whether a wrong is
done the owner or not. Title 34, Chap. 34.05, Sec. 34.05.050
Tenant responsibilities in premises not subject to AS
34.03.
(a) In rented premises other than premises to which the
provisions of AS 34.03 apply, 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.
(b) If there is noncompliance with (a) of this section, a
person may seek relief under AS 09.50.170 - 09.50.240.
(c) An order of abatement entered by a court under AS
09.50.210 against premises under this section terminates a rental
agreement on the premises subject to the order of abatement.
(d) In this section,
(1) "illegal activity involving alcoholic
beverages," "illegal activity involving a controlled
substance," "illegal activity involving an imitation
controlled substance," "illegal activity involving
gambling or promoting gambling," "illegal activity
involving a place of prostitution," and
"prostitution" have the meanings given in AS 34.03.360;
(2) "premises" means a structure or 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 persons
entitled to possession under an agreement that relates to its use.
Title 34, Chap. 34.05, Sec. 34.05.100
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