SCS CSHB 222(FIN): "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure."
00SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) 01 "An Act relating to landlords and tenants and to the applicability of the Uniform 02 Residential Landlord and Tenant Act, to termination of tenancies and recovery 03 of rental premises, to tenant responsibilities, and to the civil remedies of forcible 04 entry and detainer and nuisance abatement; and amending Rule 62(a) of the 05 Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court 06 Rules of Civil Procedure." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 09.45.090 is repealed and reenacted to read: 09 Sec. 09.45.090. UNLAWFUL HOLDING BY FORCE. (a) For property to 10 which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act) 11 apply, unlawful holding by force includes each of the following: 12 (1) when, for failure or refusal to pay rent due on the lease or 13 agreement under which the tenant or person holds, and after service, under 14 AS 09.45.100(b), of the written notice required by AS 34.03.220(b) by the landlord for
01 recovery of possession of the premises if the rent is not paid, the tenant or person in 02 possession fails or refuses to vacate or pay the rent within five days; 03 (2) when, 04 (A) after a violation of a condition or covenant set out in 05 AS 34.03.120(a), other than a breach of AS 34.03.120(a)(5) due to the 06 deliberate infliction of substantial damage to the premises, or after a breach or 07 violation of a condition or covenant in a lease or rental agreement and 08 following service of written notice to quit, the tenant fails or refuses to remedy 09 the breach or to deliver up the possession of the premises within the number 10 of days provided for termination under AS 34.03.220(a)(2); 11 (B) after a violation of AS 34.03.120(a)(5) by deliberate 12 infliction of substantial damage to the premises, following service of written 13 notice to quit, the tenant fails or refuses to deliver up the possession of the 14 premises by the date set out in the written notice to quit under 15 AS 34.03.220(a)(1); 16 (C) after a violation of AS 34.03.220(e) following 17 discontinuance of a public utility service, following service of written notice 18 to quit, the tenant fails or refuses to deliver up the possession of the premises 19 by the date set out in the written notice to quit under AS 34.03.220(e); 20 (D) the landlord requires the tenant to vacate the premises for 21 a reason set out in AS 34.03.310(c)(2) or (c)(4) - (7), following service of 22 written notice to quit, the tenant fails or refuses to deliver up the possession of 23 the premises within the longer of 30 days or the period of notice for the 24 landlord's recovery of possession of the premises set out in the rental 25 agreement; 26 (E) in a mobile home park, there is to be a change in the use 27 of land for which termination of tenancy is authorized by AS 34.03.225(a)(4), 28 following service of written notice to quit, the mobile home dweller or tenant 29 fails or refuses to vacate within the number of days provided for termination 30 under AS 34.03.225(a)(4); 31 (F) after termination of a periodic tenancy as prescribed by
01 AS 34.03.290(a) or (b), following service of written notice to quit, the tenant 02 remains in possession without the landlord's consent after expiration of the 03 term of the rental agreement or after the date of its expiration; 04 (G) after the tenant has violated AS 34.03.120(b) or the tenant 05 has used the dwelling unit or allowed the dwelling unit to be used for an illegal 06 purpose in violation of AS 34.03.310(c)(3) other than a breach of 07 AS 34.03.120(b), following service of written notice to quit, the tenant fails or 08 refuses to deliver up the possession of the premises within five days; or 09 (H) following service of written notice to quit, a person in 10 possession continues in possession of the premises without a valid rental 11 agreement, as that term is defined in AS 34.03.360, and without the consent of 12 the landlord; or 13 (3) when, without a notice to quit, a tenant or person in possession 14 continues in possession of the premises after the tenancy has been terminated by 15 issuance of an order of abatement under AS 09.50.210(a). 16 (b) For property to which the provisions of AS 34.03 (Uniform Residential 17 Landlord and Tenant Act) do not apply, unlawful holding by force includes each of 18 the following: 19 (1) when, for failure or refusal to pay rent due on the lease or 20 agreement under which the tenant or person in possession holds, after service, under 21 AS 09.45.100(c), of demand made in writing by the landlord for the possession of the 22 premises if the rent is not paid, the tenant or person in possession fails or refuses to 23 vacate or pay the rent due within five days; 24 (2) when, following service of a written notice to quit, 25 (A) after the tenant or person in possession has breached or 26 violated a condition or covenant of the lease or rental agreement other than 27 breach of a covenant or condition set out in (B) of this paragraph, the tenant 28 or person in possession of a premises fails or refuses to deliver up the 29 possession of the premises within 10 days; 30 (B) after the tenant or person in possession has deliberately 31 inflicted substantial damage to the premises, the tenant or person in possession
01 of a premises fails or refuses to deliver up the possession of the premises on 02 the date required by the landlord; the date specified may not be less than 24 03 hours after demand for possession of the premises by the landlord; 04 (C) after the tenant or person in possession has violated 05 AS 34.05.100(a) or has used the premises for or allowed the premises to be 06 used for an illegal purpose, the tenant or person in possession fails or refuses 07 to deliver up the possession of the premises within five days; 08 (D) for premises the lease or occupation of which is primarily 09 for the purpose of farming or agriculture, after the tenant or person in 10 possession has violated of AS 34.05.025, other than a violation that is a breach 11 under (B) or (C) of this paragraph, the tenant fails or refuses to deliver up 12 possession of the premises within 30 days; 13 (E) a tenancy based upon an estate at will terminates, and the 14 tenant or person in possession continues in possession of the premises; or 15 (F) a person in possession continues in possession of the 16 premises 17 (i) at the expiration of the time limited in the lease or 18 agreement under which that person holds; or 19 (ii) without a written lease or agreement and without the 20 consent of the landlord; or 21 (3) when, without a notice to quit, a tenant or person in possession 22 continues in the possession of the premises after the tenancy has been terminated by 23 issuance of an order of abatement under AS 09.50.210(a). 24 (c) When a landlord who is required to provide written notice to a tenant or 25 person in possession under (a) or (b) of this section, provides notice by mail, 26 notwithstanding any other provision of law, three days must be added to the period set 27 out in (a) or (b) of this section to determine the date on and after which the tenant or 28 person in possession unlawfully holds by force. 29 * Sec. 2. AS 09.45.100 is amended to read: 30 Sec. 09.45.100. [REQUISITES OF] NOTICE TO QUIT. (a) Except where 31 service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except
01 when notice to quit is not required by AS 09.45.090(a)(3) or (b)(3), a person 02 entitled to the premises who seeks to recover possession of the premises may not 03 commence and maintain an action to recover possession of premises under 04 AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit to the person 05 in possession. 06 (b) To recover possession of premises after a tenant or person in 07 possession has failed or refused to pay rent due, service of the written notice 08 required by AS 34.03.220(b) or of a demand in writing for possession of the 09 premises 10 (1) constitutes notice to quit, and service of a separate notice to quit 11 is not required; and 12 (2) satisfies the requirements of (c) of this section and 13 AS 34.03.310(c). 14 (c) A notice to quit shall be in writing and shall be served upon the tenant or 15 person in possession by being 16 (1) delivered to the tenant or person; 17 (2) [OR] left at the premises in case of absence from the premises; [,] 18 or 19 (3) [THE NOTICE MAY BE] sent by registered or certified mail [, IN 20 WHICH CASE AN ADDITIONAL THREE DAYS SHALL BE ADDED TO THE 10 21 DAYS]. 22 * Sec. 3. AS 09.45 is amended by adding a new section to read: 23 Sec. 09.45.105. CONTENT OF NOTICE TO QUIT. Notice to quit served 24 upon the tenant or person in possession must 25 (1) state 26 (A) the nature of the breach or violation of the lease or rental 27 agreement or other reason for termination of the tenancy of the tenant or person 28 in possession; 29 (B) in circumstances in which the breach or violation described 30 in (A) of this paragraph may be corrected by the tenant or person in possession 31 to avoid the termination of the tenancy, the nature of the remedial action to be
01 taken, and the date and time by which the corrective actions must be completed 02 in order to avoid termination of the tenancy; 03 (C) the date and time when the tenancy of the tenant or person 04 in possession under the lease or rental agreement will terminate; 05 (2) direct the tenant or person in possession to quit the premises not 06 later than the date and time of the termination of the tenancy; and 07 (3) give notice to the tenant or person in possession that, if the tenancy 08 terminates and the tenant or person in possession continues to occupy the premises, the 09 landlord may commence a civil action to remove the tenant or person and recover 10 possession. 11 * Sec. 4. AS 09.45.110 is repealed and reenacted to read: 12 Sec. 09.45.110. TIME WHEN ACTION TO RECOVER POSSESSION MAY 13 BE BROUGHT. An action for the recovery of the possession of the premises may be 14 commenced on or after the date the tenant or person in possession unlawfully holds 15 possession of the dwelling unit or rental premises by force, as determined under 16 AS 09.45.090. 17 * Sec. 5. AS 09.45.120 is amended to read: 18 Sec. 09.45.120. SUMMONS AND CONTINUANCE. Summons in actions for 19 forcible entry and detainer shall be served not less than two [NOR MORE THAN 20 FOUR] days before the date of trial. A [NO] continuance may not [SHALL] be 21 granted for a longer period than two days unless the defendant applying for the 22 continuance gives an undertaking to the adverse party, with sureties approved by the 23 court conditioned to the payment of the rent that may accrue if judgment is rendered 24 against the defendant. 25 * Sec. 6. AS 09.45 is amended by adding a new section to read: 26 Sec. 09.45.125. ORDER. If, after trial, the court finds and enters judgment 27 against the tenant or person in possession, the court shall enter an order to vacate 28 directed to the tenant or person in possession and, at the request of the person 29 recovering possession of the premises, at the same time or at any later date may issue 30 a writ of assistance to a peace officer to secure that officer's assistance in serving and 31 enforcing the order to vacate.
01 * Sec. 7. AS 09.45 is amended by adding a new section to read: 02 Sec. 09.45.135. ACTION AGAINST TENANT OCCUPYING PREMISES 03 ABATED AS NUISANCE. In an action under AS 09.45.060 - 09.45.160 against a 04 tenant or person in possession of premises for which an order of abatement has been 05 entered under AS 09.50.210(a), a certified copy of the order of abatement is prima 06 facie evidence of unlawful holding of the premises by force by a person who remains 07 on the premises. 08 * Sec. 8. AS 09.50.170 is amended to read: 09 Sec. 09.50.170. ABATEMENT OF PLACES USED FOR CERTAIN ACTS 10 [IMMORAL ACT]. A person who erects, establishes, continues, maintains, uses, 11 owns, or leases a building, structure, or other place used for one of the following 12 activities [THE PURPOSES OF LEWDNESS, ASSIGNATION, OR PROSTITUTION 13 OR ANY OTHER IMMORAL ACT] is guilty of maintaining a nuisance, and the 14 building, structure, or place, or the ground itself in or upon which or in any part of 15 which the activity [LEWDNESS, ASSIGNATION, OR PROSTITUTION] is 16 conducted, permitted, [OR] carried on, continues, or exists, and its [THE] furniture, 17 fixtures, and other contents, constitute a nuisance and may be enjoined and abated: 18 (1) prostitution; 19 (2) an illegal activity involving a place of prostitution; or 20 (3) an illegal activity involving 21 (A) alcoholic beverages; 22 (B) a controlled substance; 23 (C) an imitation controlled substance; or 24 (D) gambling or promoting gambling. 25 * Sec. 9. AS 09.50.170 is amended by adding a new subsection to read: 26 (b) In this section, "illegal activity involving alcoholic beverages," "illegal 27 activity involving a controlled substance," "illegal activity involving gambling or 28 promoting gambling," "illegal activity involving an imitation controlled substance," 29 "illegal activity involving a place of prostitution," and "prostitution" have the meanings 30 given in AS 34.03.360. 31 * Sec. 10. AS 09.50 is amended by adding a new section to read:
01 Sec. 09.50.175. ADMISSIBILITY OF EVIDENCE TO PROVE NUISANCE. 02 In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the 03 court may consider 04 (1) evidence of reputation within a community; 05 (2) evidence derived from records of the courts of the state or of the 06 United States that relate to previous complaints concerning alleged violations of, and 07 to arrests for or convictions of violations of, laws based on activity set out in 08 AS 09.50.170. 09 * Sec. 11. AS 09.50.210 is amended to read: 10 Sec. 09.50.210. ORDER OF ABATEMENT. (a) If the court finds and 11 enters [UPON] judgment that a nuisance exists, the court shall enter an order of 12 abatement. The order of abatement must direct 13 (1) termination of the lease or rental agreement, if any, on the 14 premises subject to the order of abatement, if the tenant who occupies under the 15 lease or rental agreement has been given notice of the proceedings under 16 AS 09.50.170 - 09.50.240; 17 (2) [SHALL BE ENTERED DIRECTING] the removal from the 18 building or place of the fixtures, furniture, and movable property used in the nuisance 19 and their sale in the manner provided for the sale of chattels under execution; 20 (3) [. THE ORDER SHALL ALSO DIRECT] the closing of the 21 building or place against its use for any purpose for a period of one year unless sooner 22 released. 23 (b) A person who breaks and enters or uses a building, structure, or other 24 place [SO] directed to be closed by an order entered under (a)(3) of this section is 25 guilty of contempt and shall be punished for contempt as provided in AS 09.50.200. 26 * Sec. 12. AS 09.50.230 is amended to read: 27 Sec. 09.50.230. RELEASE OF PREMISES TO OWNER. (a) The court may 28 order premises abated under AS 09.50.210 delivered to the owner and cancel the 29 order of abatement if [IF] the owner of the premises 30 (1) has not been guilty of a contempt in the proceedings; 31 (2) [, AND] appears and pays all costs, fees, and allowances that
01 [WHICH] are a lien on the premises; [,] and 02 (3) files a bond with sureties approved by the court in an amount 03 [THE FULL VALUE OF THE PROPERTY AS] determined by the court to the effect 04 that the owner will abate the nuisance that exists at the building or place and prevent 05 the nuisance from being established within a period of one year thereafter [, THE 06 COURT MAY ORDER THE PREMISES TO BE DELIVERED TO THE OWNER 07 AND CANCEL THE ORDER OF ABATEMENT]. 08 (b) The lease of the property does not release it from a judgment, lien, penalty, 09 or liability to which it may be subject by law. 10 (c) A cancellation of the order of abatement does not affect a termination 11 of a lease or rental agreement made under AS 09.50.210(a)(1). 12 * Sec. 13. AS 34.03.020 is amended by adding a new subsection to read: 13 (e) If required by the landlord, the landlord and the tenant shall include within 14 the rental agreement, incorporate by reference in the rental agreement, or add as a 15 separate attachment to the rental agreement a premises condition statement, setting out 16 the condition of the premises, including fixtures but excluding reference to any of the 17 other contents of the premises, and, if applicable, a contents inventory itemizing or 18 describing all of the furnishings and other contents of the premises and specifying the 19 condition of each of them. In the premises condition statement and contents inventory, 20 the parties shall describe the premises and its contents at the commencement of the 21 term of the period of the occupancy covered by the rental agreement. When signed 22 by the parties, the premises condition statement and contents inventory completed 23 under this subsection become part of the rental agreement. 24 * Sec. 14. AS 34.03.070(b) is amended to read: 25 (b) Upon termination of the tenancy, property or money held by the landlord 26 as prepaid rent or as a security deposit may be applied to the payment of accrued rent 27 and the amount of damages that the landlord has suffered by reason of the tenant's 28 noncompliance with AS 34.03.120. ["DAMAGES" DOES NOT INCLUDE WEAR 29 RESULTING FROM ORDINARY USE OF THE PREMISES.] The accrued rent and 30 damages must be itemized by the landlord in a written notice mailed to the tenant's 31 last known address within the time limit prescribed by (g) of this section, together with
01 the amount due the tenant. In this subsection, "damages" 02 (1) means deterioration of the premises and, if applicable, of the 03 contents of the premises; 04 (2) does not include deterioration 05 (A) that is the result of the tenant's use of the premises by 06 normal, nonabusive living; 07 (B) caused by the landlord's failure to prepare for expected 08 conditions or by the landlord's failure to comply with an obligation of the 09 landlord imposed by this chapter. 10 * Sec. 15. AS 34.03.090 is amended to read: 11 Sec. 34.03.090. LANDLORD TO SUPPLY POSSESSION OF THE 12 DWELLING UNIT. At the commencement of the term the landlord shall deliver 13 possession of the premises to the tenant in compliance with the rental agreement and 14 AS 34.03.100. The landlord may, after serving a notice to quit under AS 09.45.100 15 - 09.45.105 to a person who is wrongfully in possession, 16 (1) bring an action for possession against any person wrongfully in 17 possession; and 18 (2) [MAY] recover the damages provided in AS 34.03.290. 19 * Sec. 16. AS 34.03.090 is amended by adding a new subsection to read: 20 (b) As a condition of delivery of possession of the premises to the tenant, the 21 landlord may require the tenant to acknowledge or verify by the tenant's signature the 22 accuracy of the premises condition statement and contents inventory prepared under 23 AS 34.03.020(e). Before requiring the tenant's signature, the landlord shall first advise 24 the tenant that the premises condition statement and contents inventory 25 (1) may be used by the landlord as the basis 26 (A) to determine whether prepaid rent or a security deposit shall 27 be applied to the payment of damages to the premises when authorized by 28 AS 34.03.070(b); and 29 (B) to compute the recovery of other damages to which the 30 parties may be entitled under this chapter; and 31 (2) is, in an action initiated by a party to recover damages or to obtain
01 other relief to which a party may be entitled under this chapter, presumptive evidence 02 of the condition of the premises and its contents at the commencement of the term of 03 the period of occupancy covered by the rental agreement. 04 * Sec. 17. AS 34.03.110(a) is amended to read: 05 (a) Unless otherwise agreed, a landlord who conveys premises that include a 06 dwelling unit subject to a rental agreement in a good faith sale to a bona fide 07 purchaser is relieved of liability under the rental agreement and this chapter as to 08 events occurring subsequent to written notice to the tenant of the conveyance. 09 However, 10 (1) the landlord remains liable to the tenant for the property and money 11 to which the tenant is entitled under AS 34.03.070, unless the property and money are 12 specifically assigned to and accepted by the purchaser; and 13 (2) the provisions of 14 (A) a premises condition statement prepared under 15 AS 34.03.020(e) between the landlord and the tenant remains valid as 16 between the purchaser and the tenant until a new premises condition 17 statement is entered into between the purchaser and the tenant; and 18 (B) a contents inventory prepared under AS 34.03.020(e) 19 between the landlord and the tenant remains valid as between the 20 purchaser and the tenant for the contents remaining on the premises after 21 the conveyance of the premises until a new contents inventory is entered 22 into between the purchaser and the tenant. 23 * Sec. 18. AS 34.03.120 is amended to read: 24 Sec. 34.03.120. TENANT OBLIGATIONS [TO MAINTAIN DWELLING 25 UNIT]. The tenant [SHALL] 26 (1) shall keep that part of the premises occupied and used by the tenant 27 as clean and safe as the condition of the premises permit; 28 (2) shall dispose all ashes, rubbish, garbage, and other waste from the 29 dwelling unit in a clean and safe manner; 30 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 31 tenant as clean as their condition permits;
01 (4) shall use in a reasonable manner all electrical, plumbing, sanitary, 02 heating, ventilating, air-conditioning, kitchen, and other facilities and appliances 03 including elevators in the premises; 04 (5) may not deliberately or negligently destroy, deface, damage, impair, 05 or remove a part of the premises or knowingly permit any person to do so; 06 (6) may not unreasonably disturb, or permit others on the premises with 07 the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of the 08 premises; [AND] 09 (7) shall maintain smoke detection devices as required under 10 AS 18.70.095; and 11 (8) may not, except in an emergency when the landlord cannot be 12 contacted after reasonable effort to do so, change the locks on doors of the 13 premises without first securing the written agreement of the landlord and, 14 immediately after changing the locks, providing the landlord a set of keys to all 15 doors for which locks have been changed; in an emergency, the tenant may 16 change the locks and shall, within five days, provide the landlord a set of keys to 17 all doors for which locks have been changed and written notice of the change. 18 * Sec. 19. AS 34.03.120 is amended by adding a new subsection to read: 19 (b) The tenant may not knowingly engage at the premises in prostitution, an 20 illegal activity involving a place of prostitution, an illegal activity involving alcoholic 21 beverages, an illegal activity involving gambling or promoting gambling, an illegal 22 activity involving a controlled substance, or an illegal activity involving an imitation 23 controlled substance, or knowingly permit others in the premises to engage in one or 24 more of those activities at the rental premises. 25 * Sec. 20. AS 34.03.140(a) is amended to read: 26 (a) The tenant may not unreasonably withhold consent to the landlord to enter 27 into the dwelling unit in order to inspect the premises, make necessary or agreed 28 repairs, decorations, alterations, or improvements, supply necessary or agreed services, 29 remove personal property belonging to the landlord that is not covered by a 30 written rental agreement, or exhibit the dwelling unit to prospective or actual 31 purchasers, mortgagees, tenants, workers, or contractors.
01 * Sec. 21. AS 34.03.140(d) is amended to read: 02 (d) The landlord does not have a [HAS NO OTHER] right of [TO] access to 03 the dwelling unit 04 (1) except 05 (A) as permitted by this section; 06 (B) by court order; or 07 (C) [, AND] as permitted by AS 34.03.230(b); [,] or 08 (2) unless [IF] the tenant has abandoned or surrendered the premises. 09 * Sec. 22. AS 34.03.220(a) is amended to read: 10 (a) Except as provided in this chapter, 11 (1) if the tenant or someone in the tenant's control deliberately 12 inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5), the 13 landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 14 09.45.105 specifying the act constituting the breach and specifying that the rental 15 agreement will terminate upon a date that is not less than 24 hours after service 16 of the notice; for purposes of this paragraph, damage to premises is "substantial" 17 if the loss, destruction, or defacement of property attributable to the deliberate 18 infliction of damage to the premises exceeds $400; 19 (2) if there is a material noncompliance by the tenant with the rental 20 agreement, or if there is noncompliance with AS 34.03.120, other than deliberate 21 infliction of substantial damage to the premises or other than noncompliance as 22 to a utility service for which the provisions of (e) of this section apply, materially 23 affecting health and safety, the landlord may deliver a written notice to quit to the 24 tenant under AS 09.45.100 - 09.45.110 specifying the acts and omissions constituting 25 the breach and specifying that the rental agreement will terminate upon a date not less 26 than 10 [20] days after service [RECEIPT] of the notice; if [. IF] the breach is not 27 remedied [IN 10 DAYS], the rental agreement terminates as provided in the notice 28 subject to the provisions of this section; if [. IF] the breach is remediable by repairs 29 or the payment of damages or otherwise and the tenant adequately remedies the breach 30 before the date specified in the notice, the rental agreement will not terminate; in [. 31 IN] the absence of due care by the tenant, if substantially the same act or omission that
01 constituted a prior noncompliance of which notice was given recurs within six months, 02 the landlord may terminate the rental agreement upon at least five [10] days written 03 notice to quit specifying the breach and the date of termination of the rental 04 agreement. 05 * Sec. 23. AS 34.03.220(b) is amended to read: 06 (b) If rent is unpaid when due and the tenant fails to pay rent in full within 07 five [10] days after written notice by the landlord of nonpayment and the intention to 08 terminate the rental agreement if the rent is not paid within that period of time, the 09 tenancy terminates unless the landlord agrees to allow the tenant to remain in 10 occupancy, and the landlord may terminate the rental agreement and immediately 11 recover possession of the rental unit. Only [; ONLY] one written notice of default 12 need be given the tenant by the landlord as to any one default. A landlord who has 13 given written notice to the tenant under this subsection may accept a partial 14 payment of the rent due under the rental agreement and extend the date for the 15 eviction accordingly. 16 * Sec. 24. AS 34.03.220 is amended by adding new subsections to read: 17 (d) An order of abatement entered by a court under AS 09.50.170 terminates 18 a rental agreement on the premises subject to the order of abatement. 19 (e) If a public utility providing electricity, natural gas, or water to the premises 20 occupied by the tenant discontinues the service to the premises due to the failure of 21 the tenant to pay for the utility service, the landlord may deliver a written notice to 22 quit to the tenant advising that, notwithstanding (a) of this section, the tenancy will 23 terminate five days after the landlord's service of the notice. If, within three days 24 from the service of the notice, the tenant reinstates the discontinued service and repays 25 the landlord for any amounts paid by the landlord to reinstate service, and if damage 26 did not occur to the rental unit as a result of the discontinuance of service, the rental 27 agreement will not terminate. However, in the absence of due care by the tenant, if 28 substantially the same act or omission that constituted a prior noncompliance under this 29 subsection for which notice was given recurs within six months, the landlord may 30 terminate the rental agreement upon at least three days' written notice specifying the 31 breach and the date of termination of the rental agreement.
01 * Sec. 25. AS 34.03.225 is amended by adding a new subsection to read: 02 (c) When, under (a) of this section, a mobile home park owner is required to 03 give notice to evict a mobile home owner or a mobile home park dweller or tenant, 04 provision of notice to quit under AS 09.45.100 - 09.45.105 satisfies the requirement 05 of notice. 06 * Sec. 26. AS 34.03.230(b) is amended to read: 07 (b) During an absence of the tenant in excess of seven days, the landlord may 08 enter the dwelling unit at times reasonably necessary as provided in AS 34.03.140. 09 The landlord may reenter the dwelling unit and, if there is evidence that the 10 tenant has abandoned the dwelling unit, unless the landlord and tenant have made 11 a specific agreement to the contrary, the landlord may terminate the rental 12 agreement. 13 * Sec. 27. AS 34.03.260(d) is amended to read: 14 (d) The landlord is not liable [MAY NOT BE HELD TO RESPOND] in 15 damages in an action by a tenant claiming loss by reason of the landlord's storage 16 [ELECTION], destruction, or disposition of property under this section. A [, OR 17 SALE. IF, HOWEVER, THE] landlord who deliberately or negligently violates the 18 provisions of this section [, THE LANDLORD] is liable for actual damages and penal 19 damages of an amount not to exceed actual damages. 20 * Sec. 28. AS 34.03.290(c) is amended to read: 21 (c) If the tenant remains in possession without the landlord's consent after 22 expiration of the term of the rental agreement or after its termination under (a) or (b) 23 of this section, the landlord may, after serving a notice to quit to the tenant under 24 AS 09.45.100 - 09.45.105, bring an action for possession and if the tenant's holdover 25 is wilful and not in good faith the landlord, in addition, may recover an amount not 26 to exceed one and one-half times the actual damages. If the landlord consents to the 27 tenant's continued occupancy, AS 34.03.020 applies. 28 * Sec. 29. AS 34.03.310(c) is amended to read: 29 (c) Notwithstanding (a) and (b) of this section, after serving a notice to quit 30 to the tenant under AS 09.45.100 - 09.45.105, a landlord may bring an action for 31 possession if
01 (1) the tenant is in default in rent; 02 (2) compliance with the applicable building or housing code requires 03 alteration, remodeling, or demolition that would effectively deprive the tenant of use 04 of the dwelling unit; 05 (3) the tenant is committing waste or a nuisance, or is using the 06 dwelling unit for an illegal purpose or for other than living or dwelling purposes in 07 violation of the rental agreement; 08 (4) the landlord seeks in good faith to recover possession of the 09 dwelling unit for personal purposes; 10 (5) the landlord seeks in good faith to recover possession of the 11 dwelling unit for the purpose of substantially altering, remodeling, or demolishing the 12 premises; 13 (6) the landlord seeks in good faith to recover possession of the 14 dwelling unit for the purpose of immediately terminating for at least six months use 15 of the dwelling unit as a dwelling unit; or 16 (7) the landlord has in good faith contracted to sell the property, and 17 the contract of sale contains a representation by the purchaser corresponding to (4), (5) 18 or (6) of this subsection. 19 * Sec. 30. AS 34.03.330(b) is amended to read: 20 (b) Unless created to avoid the application of this chapter, the following 21 arrangements are not governed by this chapter: 22 (1) residence at an institution, public or private, or in premises used 23 as temporary housing, public or private, if incidental to detention or the provision 24 of medical, geriatric, educational, counseling, religious, or similar services; 25 (2) occupancy under a contract of sale of a dwelling unit or the 26 property of which it is a part [,] if the occupant is the purchaser or a person who 27 succeeds to the interest of a purchaser; 28 (3) occupancy by a member of a fraternal or social organization in the 29 portion of a structure operated for the benefit of the organization; 30 (4) transient occupancy in a hotel, motel, lodgings, or other transient 31 facility;
01 (5) occupancy by an employee of a landlord whose right to occupancy 02 is conditioned upon employment substantially for services, maintenance, or repair to 03 the premises; 04 (6) occupancy by an owner of a condominium unit or a holder of a 05 proprietary lease in a cooperative; 06 (7) occupancy under a rental agreement covering premises used by the 07 occupant primarily for agricultural purposes. 08 * Sec. 31. AS 34.03 is amended by adding a new section to read: 09 Sec. 34.03.335. PROOF OF CERTAIN PROPERTY DAMAGE CLAIMS. In 10 an action initiated by a party to recover damages or to obtain other relief to which a 11 party may be entitled under this chapter, a premises condition statement and contents 12 inventory prepared under AS 34.03.020(e) is presumptive evidence of the condition of 13 the premises and its contents at the commencement of the term of the period of 14 occupancy covered by the rental agreement between the parties. Unless its authenticity 15 is rebutted by clear and convincing evidence by the party against whom the statement 16 and contents inventory is offered, the statement and contents inventory may be offered 17 by a party, without additional supporting evidence, as the basis on which to compute 18 the recovery of damages to which the party may be entitled under this chapter. 19 * Sec. 32. AS 34.03 is amended by adding a new section to read: 20 Sec. 34.03.345. MEDIATION AND BINDING ARBITRATION. (a) A 21 landlord and a tenant may agree to mediate disputes between them as to an obligation 22 of either of them arising out of the rental agreement. If the landlord and tenant agree 23 to mediate disputes, they shall include the scope of the agreement within the executed 24 rental agreement, incorporate a reference to that agreement within the rental agreement, 25 or add the text of the agreement as a separate attachment to the rental agreement. 26 (b) A landlord and a tenant may agree to binding arbitration of the disputes 27 between them as to an obligation of either of them arising out of the rental agreement. 28 If the landlord and tenant agree to binding arbitration, they shall include the scope of 29 the agreement within the executed rental agreement, incorporate a reference to that 30 agreement within the rental agreement, or add the text of the agreement as a separate 31 attachment to the rental agreement.
01 * Sec. 33. AS 34.03.360 is amended by adding new paragraphs to read: 02 (19) "illegal activity involving alcoholic beverages" means a person's 03 delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the 04 results of a local option election have, under AS 04.11.490 - 04.11.500, prohibited the 05 Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor 06 license or permit under AS 04; 07 (20) "illegal activity involving a controlled substance" means a 08 violation of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), 09 (2), or (5); 10 (21) "illegal activity involving gambling or promoting gambling" means 11 a violation of 12 (A) AS 11.66.200, other than a social game as that term is 13 defined by AS 11.66.280(9); and 14 (B) AS 11.66.210 or 11.66.220; 15 (22) "illegal activity involving an imitation controlled substance" means 16 a violation of AS 11.73.010 - 11.73.030; 17 (23) "illegal activity involving a place of prostitution" means a violation 18 of AS 11.66.120(a)(1) or 11.66.130(a)(1) or (4); 19 (24) "prostitution" means an act in violation of AS 11.66.100. 20 * Sec. 34. AS 34.05 is amended by adding a new section to read: 21 ARTICLE 3. ILLEGAL ACTIVITIES IN PREMISES NOT 22 SUBJECT TO UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. 23 Sec. 34.05.100. TENANT RESPONSIBILITIES IN PREMISES NOT 24 SUBJECT TO AS 34.03. (a) In rented premises other than premises to which the 25 provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises 26 in prostitution, an illegal activity involving a place of prostitution, an illegal activity 27 involving alcoholic beverages, an illegal activity involving gambling or promoting 28 gambling, an illegal activity involving a controlled substance, or an illegal activity 29 involving an imitation controlled substance, or knowingly permit others in the premises 30 to engage in one or more of those activities at the rental premises. 31 (b) If there is noncompliance with (a) of this section, a person may seek relief
01 under AS 09.50.170 - 09.50.240. 02 (c) An order of abatement entered by a court under AS 09.50.210 against 03 premises under this section terminates a rental agreement on the premises subject to 04 the order of abatement. 05 (d) In this section, 06 (1) "illegal activity involving alcoholic beverages," "illegal activity 07 involving a controlled substance," "illegal activity involving an imitation controlled 08 substance," "illegal activity involving gambling or promoting gambling," "illegal 09 activity involving a place of prostitution," and "prostitution" have the meanings given 10 in AS 34.03.360; 11 (2) "premises" means a structure or the structure of which it is a part, 12 and facilities and appurtenances in it, and grounds, areas, and facilities held out for the 13 use of persons entitled to possession under an agreement that relates to its use. 14 * Sec. 35. AS 34.03.360(18) is repealed. 15 * Sec. 36. AS 09.45.125, added by sec. 6 of this Act, allowing orders to vacate and writs 16 of assistance to issue at the same time as the entry of judgment or at any later date, has the 17 effect of amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the 18 Alaska District Court Rules of Civil Procedure by eliminating the respective periods of 19 automatic stays of enforcement upon judgment for orders to vacate premises. 20 * Sec. 37. AS 09.45.125, added by sec. 6 of this Act, takes effect only if sec. 36 of this 21 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 22 Constitution of the State of Alaska.