Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.03.010 Purpose and construction.
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Article 2. Rental Agreements. (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 dw…
AS 34.03.020 Terms and conditions of rental agreement.
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(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…
AS 34.03.030 Effect of unsigned or undelivered rental agreement.
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(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. (…
AS 34.03.040 Prohibited provisions in rental agreements.
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(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 an…
AS 34.03.050 Separation of rents and obligations to maintain property forbidden.
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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).
AS 34.03.060 Sublease and assignment.
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Article 3. Landlord Obligations. (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 shal…
AS 34.03.070 Security deposits and prepaid rent.
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(a) Except as provided in (h) of this section, 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 m…
AS 34.03.080 Disclosure.
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(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 th…
AS 34.03.090 Landlord to supply possession of the dwelling unit.
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(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 posse…
AS 34.03.100 Landlord to maintain fit premises.
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(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 electrica…
AS 34.03.110 Limitation of liability.
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(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 …
AS 34.03.115 [Renumbered as AS 34.05.025.]
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Article 4. Tenant Obligations.
AS 34.03.120 Tenant obligations.
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(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 …
AS 34.03.130 Rules and regulations.
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(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, heal…
AS 34.03.140 Access.
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(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 belong…
AS 34.03.150 Tenant to use and occupy.
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Article 5. Tenant Remedies. 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, th…
AS 34.03.160 Noncompliance by the landlord: General.
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(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 omis…
AS 34.03.170 Failure to deliver possession.
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(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 terminatio…
AS 34.03.180 Wrongful failure to supply heat, water, hot water or essential services.
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(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 im…
AS 34.03.190 Landlord's noncompliance as defense to action for possession or rent.
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(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 whe…
AS 34.03.200 Fire or casualty damage.
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(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 agr…
AS 34.03.210 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.
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Article 6. Landlord Remedies. 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 ten…
AS 34.03.220 Noncompliance with rental agreement; failure to pay rent.
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(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) or the tenant engages in or permits another to engage in prostitution or another illegal activity …
AS 34.03.225 Limitations on mobile home park operator's right to terminate.
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(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 viol…
AS 34.03.230 Remedies for absence, nonuse and abandonment.
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(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 …
AS 34.03.240 Waiver of landlord's right to terminate.
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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 t…
AS 34.03.250 Landlord liens; distraint for rent abolished.
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(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.
AS 34.03.260 Disposition of abandoned property.
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(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 tha…
AS 34.03.270 Remedy after termination.
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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.
AS 34.03.280 Recovery of possession limited.
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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 …
AS 34.03.285 Service of process upon tenant.
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Article 7. Periodic Tenancy, Holdover, and Abuse of Access. 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 excep…
AS 34.03.290 Periodic tenancy and holdover.
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(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 writt…
AS 34.03.300 Landlord and tenant remedies for abuse of access.
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Article 8. Retaliatory Action. (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 period…
AS 34.03.310 Retaliatory conduct prohibited.
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Article 9. General Provisions. (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 vi…
AS 34.03.320 Obligation of good faith.
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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.
AS 34.03.330 Application and exclusions.
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(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) re…
AS 34.03.335 Proof of certain property damage claims.
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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 it…
AS 34.03.340 Service of process.
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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 serv…
AS 34.03.345 Mediation and binding arbitration.
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(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 agreeme…
AS 34.03.350 Attorney fees.
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Attorney fees shall be allowed to the prevailing party in any proceeding arising out of this chapter or a rental agreement.
AS 34.03.360 Definitions.
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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…
AS 34.03.370 Applicability.
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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.
AS 34.03.380 Short title.
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This chapter may be cited as the “Uniform Residential Landlord and Tenant Act.”
AS 34.05.010 Secs. 34.05.010 — 34.05.020. [Repealed, § 4 ch 10 SLA 1974.]
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[Repealed or reserved.]
AS 34.05.025 Agricultural tenants.
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Article 2. Personal Property. 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…
AS 34.05.030 Obtaining rental equipment with intent to defraud. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 34.05.040 Failure to return rental equipment.
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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 wh…
AS 34.05.050 Definitions.
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Article 3. Illegal Activities in Premises Not Subject to Uniform Residential Landlord and Tenant Act. 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 for…
AS 34.05.100 Tenant responsibilities in premises not subject to AS 34.03.
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(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…
AS 34.07.010 This chapter applicable only if declaration executed and recorded.
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(a) This chapter is applicable only to property, the sole owner or all of the owners of which submit it to the horizontal property regime by executing and recording a declaration under (c) of this section and AS 34.07.020. (b) A declaration or any amendment to the declaration is …