Alaska Residential Lease Agreement
A free Alaska lease template, plus what Alaska law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Alaska requires
| Owner and manager name and address | At or before the start of the tenancy, the landlord (or anyone authorized to sign leases for the landlord) must tell the tenant in writing the name and address of (1) the person authorized to manage the premises and (2) an owner, or a person authorized to accept legal papers, notices and demands for the owner. The information must be kept current and binds later landlords, owners and managers. Anyone who fails to disclose becomes the landlord's agent for receiving legal papers and for performing the landlord's duties. Applies to: all residential rental agreements covered by the Alaska Uniform Residential Landlord and Tenant Act Source: AS 34.03.080(a)-(c) |
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| Deposit trust account and withholding terms | Prepaid rent and security deposits must be promptly placed, wherever practicable, in a trust account at a bank, savings and loan, or licensed escrow agent, and the landlord must give the tenant the terms and conditions under which the deposit or prepaid rent (or part of it) may be withheld. Applies to: leases with a security deposit or prepaid rent Source: AS 34.03.070(c) |
| Mobile home park capital improvements | Before signing a rental agreement, a mobile home park operator must fully disclose in writing all capital improvements the tenant will be required to make, such as skirting or utility hook-ups. Applies to: mobile home park space rentals Source: AS 34.03.080(d) |
Terms Alaska law requires or controls
| Default rent terms | A lease may include any terms not prohibited by law. If the lease is silent: the tenant pays fair rental value; rent is due without demand at the dwelling unit, at the start of any term of one month or less and otherwise in equal monthly installments on the same date each month as the tenancy began; and the tenancy is week-to-week for weekly rent and month-to-month in all other cases. Applies to: all leases Source: AS 34.03.020(a)-(d) |
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| Extended-absence clause (mandatory) | The rental agreement must require the tenant to notify the landlord of an anticipated absence of more than seven days, given as soon as reasonably possible after the tenant knows the absence will exceed seven days. Unless otherwise agreed, the tenant must use the unit only as a dwelling. Applies to: all leases Source: AS 34.03.150 |
| Premises condition statement and inventory | If the landlord requires it, the lease must include (in the lease, by reference, or as an attachment) a premises condition statement describing the condition of the unit and fixtures at move-in and, if applicable, a contents inventory of furnishings and their condition. Once signed by both, it becomes part of the lease, the tenant must sign to verify its accuracy, and it is presumptive evidence of move-in condition in a later dispute. Applies to: leases where the landlord requires a condition statement Source: AS 34.03.020(e); AS 34.03.090(b) |
| Security deposit limits | Prepaid rent plus security deposit may not exceed two months' rent (the cap does not apply to units renting for more than $2,000 a month). An extra pet deposit of up to one month's rent is allowed for a pet that is not a service animal; it must be accounted for separately and used only for pet damage. Applies to: all leases Source: AS 34.03.070(a), (h) |
| Tenant repair or maintenance duties | For a one- or two-family residence, the parties may agree in writing that the tenant handles garbage removal, water/hot water/heat, locks and keys, and smoke and carbon monoxide detectors, plus specified repairs and remodeling (never elevators), if done in good faith and not to evade the landlord's duties; appliance and system maintenance may be shifted to the tenant only where rent exceeds $2,000 a month. For other units, tenant repair duties require a separate signed writing supported by adequate consideration, and the landlord may not make that side agreement a condition of the lease. Applies to: all leases Source: AS 34.03.100(c)-(e) |
| Water waiver for units without well or utility water | The landlord's duty to supply running water or hot water can be waived only where the premises have no well or direct public-utility water and the rental agreement specifically states that the tenant waives that duty. Applies to: units with no well or public water connection Source: AS 34.03.100(a)(5)(B) |
| Sublease and assignment | Unless otherwise agreed in writing, the tenant may not sublet or assign without the landlord's consent. Where the lease requires consent, the landlord may refuse only in a signed written rejection within 14 days giving one of the grounds listed in the statute; no other restrictions on subletting or assignment are enforceable, and silence for 14 days means consent. Applies to: all leases Source: AS 34.03.060 |
| House rules | Landlord rules must be posted prominently on the premises and are enforceable only if they serve tenant convenience, safety, health or welfare or protect the property, are reasonable, apply fairly to all tenants, are clear, are not meant to evade the landlord's duties, and the tenant had notice of them at signing. A rule adopted later is enforceable only with reasonable notice and if it does not substantially modify the lease. Applies to: all leases Source: AS 34.03.130(a)-(b) |
| Mediation or arbitration clause | If the parties agree to mediate or to binding arbitration of lease disputes, the scope of the agreement must be included in the signed rental agreement, incorporated by reference, or attached as a separate document. Applies to: leases with a mediation or arbitration agreement Source: AS 34.03.345 |
Clauses that are void in Alaska
| Waiving rights under the Act | A rental agreement may not make the tenant or landlord waive or give up rights or remedies under the landlord-tenant Act. Applies to: all leases Source: AS 34.03.040(a)(1) |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the agreement. Applies to: all leases Source: AS 34.03.040(a)(2) |
| Liability waivers and indemnity | A rental agreement may not excuse or limit the legal liability of the landlord or tenant, or require either to indemnify the other for that liability or related costs. Applies to: all leases Source: AS 34.03.040(a)(3) |
| Paying the landlord's attorney fees | A rental agreement may not require the tenant to pay the landlord's attorney fees. (Separately, the statute awards attorney fees to the prevailing party in court proceedings under the Act or a rental agreement.) Applies to: all leases Source: AS 34.03.040(a)(4); AS 34.03.350 |
| Rent without repair duty | No rental agreement, assignment, conveyance, trust deed or security instrument may allow anyone to receive rent free of the landlord's duty to keep the premises fit and habitable. Applies to: all leases Source: AS 34.03.050 |
| Liens on household goods | A landlord's lien or security interest in the tenant's household goods is not enforceable (unless perfected before March 19, 1974), and distraint for rent is abolished. Applies to: all leases Source: AS 34.03.250 |
| Mobile home park restrictions | A mobile home park rental agreement may not deny the tenant the right to sell the home in the park (except on the statute's limited grounds), require permanent improvements that become park property, or require entry, transfer or vendor fees except reasonable fees for services actually performed that were disclosed in writing before move-in. Applies to: mobile home park space rentals Source: AS 34.03.040(c) |
| Penalty for prohibited clauses | A prohibited clause is unenforceable. If a party willfully uses a rental agreement containing clauses the party knows are prohibited, the other party may recover actual damages. Applies to: all leases Source: AS 34.03.040(b) |
Format and delivery rules
| Unsigned lease still binding | If the landlord does not sign a written lease the tenant signed, accepting rent without reservation makes it binding on the landlord; if the tenant does not sign, accepting possession and paying rent without reservation makes it binding on the tenant. A lease made binding this way is effective for no more than one year. Applies to: written leases not signed by both parties Source: AS 34.03.030 |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Alaska law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Alaska law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Alaska law (AS 34.03 (no provision)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Alaska limit (AS 34.03.070(a), (h)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Alaska law sets (AS 34.03.070(b), (g)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Alaska law requires (AS 34.03.140; AS 34.03.300), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Alaska law requires.
14. Default rent terms. (Write this clause to meet Alaska law: see "Default rent terms" above (AS 34.03.020(a)-(d)).)
15. Extended-absence clause (mandatory). (Write this clause to meet Alaska law: see "Extended-absence clause (mandatory)" above (AS 34.03.150).)
16. Premises condition statement and inventory. (Write this clause to meet Alaska law: see "Premises condition statement and inventory" above (AS 34.03.020(e); AS 34.03.090(b)).)
17. Security deposit limits. (Write this clause to meet Alaska law: see "Security deposit limits" above (AS 34.03.070(a), (h)).)
18. Tenant repair or maintenance duties. (Write this clause to meet Alaska law: see "Tenant repair or maintenance duties" above (AS 34.03.100(c)-(e)).)
19. Water waiver for units without well or utility water. (Write this clause to meet Alaska law: see "Water waiver for units without well or utility water" above (AS 34.03.100(a)(5)(B)).)
20. Sublease and assignment. (Write this clause to meet Alaska law: see "Sublease and assignment" above (AS 34.03.060).)
21. House rules. (Write this clause to meet Alaska law: see "House rules" above (AS 34.03.130(a)-(b)).)
22. Mediation or arbitration clause. (Write this clause to meet Alaska law: see "Mediation or arbitration clause" above (AS 34.03.345).)
23. Disclosures attached. Landlord has given Tenant these disclosures required by Alaska law: Owner and manager name and address; Deposit trust account and withholding terms; Mobile home park capital improvements. [Attach each one.]
24. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
25. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.