HB 282: "An Act relating to the rights and obligations of residential landlords and tenants; and relating to the taking of a permanent fund dividend for rent and damages owed to a residential landlord."
00 HOUSE BILL NO. 282 01 "An Act relating to the rights and obligations of residential landlords and tenants; and 02 relating to the taking of a permanent fund dividend for rent and damages owed to a 03 residential landlord." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.45.090(a) is amended to read: 06 (a) For property to which the provisions of AS 34.03 ([UNIFORM] 07 Residential Landlord and Tenant Act) apply, unlawful holding by force includes each 08 of the following: 09 (1) when, for failure or refusal to pay rent due on the lease or 10 agreement under which the tenant or person holds, and after service, under 11 AS 09.45.100(b), of the written notice required by AS 34.03.220(b) by the landlord for 12 recovery of possession of the premises if the rent is not paid, the tenant or person in 13 possession fails or refuses to vacate or pay the rent within seven days; 14 (2) when,
01 (A) after a violation of a condition or covenant set out in 02 AS 34.03.120(a), other than a breach of AS 34.03.120(a)(5) due to the 03 deliberate infliction of substantial damage to the premises, or after a breach or 04 violation of a condition or covenant in a lease or rental agreement and 05 following service of written notice to quit, the tenant fails or refuses to remedy 06 the breach or to deliver up the possession of the premises within the number of 07 days provided for termination under AS 34.03.220(a)(2); 08 (B) after a violation of AS 34.03.120(a)(5) by deliberate 09 infliction of substantial damage to the premises, following service of written 10 notice to quit, the tenant fails or refuses to deliver up the possession of the 11 premises by the date set out in the written notice to quit under 12 AS 34.03.220(a)(1); 13 (C) after a violation of AS 34.03.220(e) following 14 discontinuance of a public utility service, following service of written notice to 15 quit, the tenant fails or refuses to deliver up the possession of the premises by 16 the date set out in the written notice to quit under AS 34.03.220(e); 17 (D) the landlord requires the tenant to vacate the premises for a 18 reason set out in AS 34.03.310(c)(2) or (c)(4) - (7), following service of 19 written notice to quit, the tenant fails or refuses to deliver up the possession of 20 the premises within the longer of 30 days or the period of notice for the 21 landlord's recovery of possession of the premises set out in the rental 22 agreement; 23 (E) in a mobile home park, there is to be a change in the use of 24 land for which termination of tenancy is authorized by AS 34.03.225(a)(4), 25 following service of written notice to quit, the mobile home dweller or tenant 26 fails or refuses to vacate within the number of days provided for termination 27 under AS 34.03.225(a)(4); 28 (F) after termination of a periodic tenancy as prescribed by 29 AS 34.03.290(a) or (b), following service of written notice to quit, the tenant 30 remains in possession without the landlord's consent after expiration of the 31 term of the rental agreement or after the date of its expiration;
01 (G) after the tenant has violated AS 34.03.120(b) or the tenant 02 has used the dwelling unit or allowed the dwelling unit to be used for an illegal 03 purpose in violation of AS 34.03.310(c)(3) other than a breach of 04 AS 34.03.120(b), following service of written notice to quit, the tenant fails or 05 refuses to deliver up the possession of the premises within five days; or 06 (H) following service of written notice to quit, a person in 07 possession continues in possession of the premises without a valid rental 08 agreement, as that term is defined in AS 34.03.360, and without the consent of 09 the landlord; or 10 (3) when, without a notice to quit, a tenant or person in possession 11 continues in possession of the premises after the tenancy has been terminated by 12 issuance of an order of abatement under AS 09.50.210(a). 13 * Sec. 2. AS 09.45.090(b) is amended to read: 14 (b) For property to which the provisions of AS 34.03 ([UNIFORM] 15 Residential Landlord and Tenant Act) do not apply, unlawful holding by force 16 includes each of the following: 17 (1) when, for failure or refusal to pay rent due on the lease or 18 agreement under which the tenant or person in possession holds, after service, under 19 AS 09.45.100(c), of demand made in writing by the landlord for the possession of the 20 premises if the rent is not paid, the tenant or person in possession fails or refuses to 21 vacate or pay the rent due within seven days; 22 (2) when, following service of a written notice to quit, 23 (A) after the tenant or person in possession has breached or 24 violated a condition or covenant of the lease or rental agreement other than 25 breach of a covenant or condition set out in (B) of this paragraph, the tenant or 26 person in possession of a premises fails or refuses to deliver up the possession 27 of the premises within 10 days; 28 (B) after the tenant or person in possession has deliberately 29 inflicted substantial damage to the premises, the tenant or person in possession 30 of a premises fails or refuses to deliver up the possession of the premises on 31 the date required by the landlord; the date specified may not be less than 24
01 hours after demand for possession of the premises by the landlord; 02 (C) after the tenant or person in possession has violated 03 AS 34.05.100(a) or has used the premises for or allowed the premises to be 04 used for an illegal purpose, the tenant or person in possession fails or refuses to 05 deliver up the possession of the premises within five days; 06 (D) for premises the lease or occupation of which is primarily 07 for the purpose of farming or agriculture, after the tenant or person in 08 possession has violated AS 34.05.025, other than a violation that is a breach 09 under (B) or (C) of this paragraph, the tenant fails or refuses to deliver up 10 possession of the premises within 30 days; 11 (E) a tenancy based upon an estate at will terminates, and the 12 tenant or person in possession continues in possession of the premises; or 13 (F) a person in possession continues in possession of the 14 premises 15 (i) at the expiration of the time limited in the lease or 16 agreement under which that person holds; or 17 (ii) without a written lease or agreement and without the 18 consent of the landlord; or 19 (3) when, without a notice to quit, a tenant or person in possession 20 continues in the possession of the premises after the tenancy has been terminated by 21 issuance of an order of abatement under AS 09.50.210(a). 22 * Sec. 3. AS 34.03.010(b) is amended to read: 23 (b) The underlying purposes and policies of this chapter are to 24 (1) simplify, clarify, modernize, and revise the law governing the 25 rental of dwelling units and the rights and obligations of landlord and tenant; and 26 (2) encourage landlord and tenant to maintain and improve the quality 27 of housing; [AND 28 (3) MAKE UNIFORM THE LAW AMONG THOSE STATES THAT 29 ENACT IT]. 30 * Sec. 4. AS 34.03.020(e) is amended to read: 31 (e) If required by the landlord, the landlord and the tenant shall include within
01 the rental agreement, incorporate by reference in the rental agreement, or add as a 02 separate attachment to the rental agreement a premises condition statement, setting out 03 the condition of the premises, including fixtures but excluding reference to any of the 04 other contents of the premises, and, if applicable, a contents inventory itemizing or 05 describing all of the furnishings and other contents of the premises and specifying the 06 condition of each of them. In the premises condition statement and contents inventory, 07 the landlord and tenant [PARTIES] shall describe the premises and its contents at 08 the commencement of the term of the period of the occupancy covered by the rental 09 agreement. When signed by the landlord and tenant [PARTIES], the premises 10 condition statement and contents inventory completed under this subsection become 11 part of the rental agreement. 12 * Sec. 5. AS 34.03.070(a) is amended to read: 13 (a) Except as provided in (h) of this section, a [A] landlord may not demand 14 or receive prepaid rent or a security deposit, however denominated, in an amount or 15 value in excess of two months' periodic rent. This section does not apply to rental units 16 where the rent exceeds $2,000 a month. 17 * Sec. 6. AS 34.03.070(b) is amended to read: 18 (b) Upon termination of the tenancy, property or money held by the landlord 19 as prepaid rent or as a security deposit may be applied to the payment of accrued rent 20 and the amount of damages that the landlord has suffered by reason of the tenant's 21 noncompliance with AS 34.03.120. The accrued rent and damages must be itemized 22 by the landlord in a written notice mailed to the tenant's last known address within the 23 time limit prescribed by (g) of this section, together with the amount due the tenant. In 24 this subsection, "damages" 25 (1) means deterioration of the premises and, if applicable, of the 26 contents of the premises; 27 (2) does not include deterioration 28 (A) that is the result of normal wear and tear [THE 29 TENANT'S USE OF THE PREMISES BY NORMAL, NONABUSIVE 30 LIVING]; 31 (B) caused by the landlord's failure to prepare for expected
01 conditions or by the landlord's failure to comply with an obligation of the 02 landlord imposed by this chapter. 03 * Sec. 7. AS 34.03.070(c) is amended to read: 04 (c) All money paid to the landlord by the tenant as prepaid rent or as a security 05 deposit in a lease or rental agreement shall be promptly deposited by the landlord, 06 wherever practicable, in a trust account in a bank, savings and loan association, or 07 licensed escrow agent, and the landlord shall provide to the tenant the terms and 08 conditions under which the prepaid rent or security deposit or portions of them may be 09 withheld by the landlord. Nothing [; NOTHING] in this chapter prohibits the landlord 10 from commingling prepaid rents and security deposits in a single financial account; 11 however, the landlord shall separately account for prepaid rent and security 12 deposits received from each tenant. The landlord may not commingle prepaid 13 rent and security deposits with other funds. The landlord may not use money 14 held for one tenant in a trust account to 15 (1) refund the security deposit of another tenant; 16 (2) apply to the payment of another tenant's accrued rent; 17 (3) apply to damages suffered by the landlord because of another 18 tenant's noncompliance with AS 34.03.120. 19 * Sec. 8. AS 34.03.070 is amended by adding new subsections to read: 20 (h) Notwithstanding the limitation on the amount of prepaid rent or security 21 deposit in (a) of this section, a landlord may demand or receive an additional security 22 deposit from a tenant who has a pet on the premises that is not a service animal. The 23 additional security deposit 24 (1) may not exceed the periodic rent for one month; and 25 (2) shall be accounted for separately from prepaid rent or a security 26 deposit received under (a) of this section and may be applied only to the amount of 27 damages that are directly related to the pet of the tenant. 28 (i) In this section, 29 (1) "normal wear and tear" means deterioration that occurs from the 30 intended use of the rental unit and without negligence, carelessness, accident, misuse, 31 or abuse of the premises or contents by the tenant, members of the household of the
01 tenant, or the invitees or guests of the tenant; 02 (2) "service animal" has the meaning given in AS 09.65.150. 03 * Sec. 9. AS 34.03.090(b) is amended to read: 04 (b) The tenant shall [AS A CONDITION OF DELIVERY OF POSSESSION 05 OF THE PREMISES TO THE TENANT, THE LANDLORD MAY REQUIRE THE 06 TENANT TO] acknowledge or verify by the tenant's signature the accuracy of the 07 premises condition statement and contents inventory prepared under AS 34.03.020(e). 08 The [BEFORE REQUIRING THE TENANT'S SIGNATURE, THE LANDLORD 09 SHALL FIRST ADVISE THE TENANT THAT THE] premises condition statement 10 and contents inventory 11 (1) may be used by the landlord or tenant as the basis 12 (A) to determine whether prepaid rent or a security deposit 13 shall be applied to the payment of damages to the premises when authorized by 14 AS 34.03.070(b); and 15 (B) to compute the recovery of other damages to which the 16 parties may be entitled under this chapter; and 17 (2) is, in an action initiated by a party to recover damages or to obtain 18 other relief to which a party may be entitled under this chapter, presumptive evidence 19 of the condition of the premises and its contents at the commencement of the term of 20 the period of occupancy covered by the rental agreement. 21 * Sec. 10. AS 34.03.100(a) is amended to read: 22 (a) The landlord shall 23 (1) make all repairs and do whatever is necessary to put and keep the 24 premises in a fit and habitable condition; 25 (2) keep all common areas of the premises in a clean and safe 26 condition; 27 (3) maintain in good and safe working order and condition all 28 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 29 facilities and appliances, including elevators, supplied or required to be supplied by 30 the landlord; 31 (4) provide and maintain appropriate receptacles and conveniences for
01 the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of 02 the dwelling unit and arrange for their removal; 03 (5) supply running water and reasonable amounts of hot water and heat 04 at all times, insofar as energy conditions permit, except where 05 (A) the building that includes the dwelling unit is so 06 constructed that heat or hot water is generated by an installation within the 07 exclusive control of the tenant and supplied by a direct public utility 08 connection; or 09 (B) the premises does not have a well or water provided by 10 a direct public utility connection and the rental agreement specifically 11 states that the duty of the landlord to supply running water or hot water 12 to the premises is waived by the tenant; 13 (6) if requested by the tenant, provide and maintain locks and furnish 14 keys reasonably adequate to ensure safety to the tenant's person and property; and 15 (7) provide smoke detection devices and carbon monoxide detection 16 devices as required under AS 18.70.095. 17 * Sec. 11. AS 34.03.120(a) is amended to read: 18 (a) The tenant 19 (1) shall keep that part of the premises occupied and used by the tenant 20 as clean and safe as the condition of the premises permit; 21 (2) shall dispose all ashes, rubbish, garbage, and other waste from the 22 dwelling unit in a clean and safe manner; 23 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 24 tenant as clean as their condition permits; 25 (4) shall use in a reasonable manner all electrical, plumbing, sanitary, 26 heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, 27 including elevators, in the premises; 28 (5) may not deliberately or negligently destroy, deface, damage, 29 impair, or remove a part of the premises or knowingly permit any person to do so; 30 (6) may not unreasonably disturb, or permit others on the premises 31 with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of
01 the premises; 02 (7) shall maintain smoke detection devices and carbon monoxide 03 detection devices as required under AS 18.70.095; 04 (8) may not, except in an emergency when the landlord cannot be 05 contacted after reasonable effort to do so, change the locks on doors of the premises 06 without first securing the written agreement of the landlord and, immediately after 07 changing the locks, providing the landlord a set of keys to all doors for which locks 08 have been changed; in an emergency, the tenant may change the locks and shall, 09 within five days, provide the landlord a set of keys to all doors for which locks have 10 been changed and written notice of the change; [AND] 11 (9) may not unreasonably engage in conduct, or permit others on the 12 premises to engage in conduct, that results in the imposition of a fee under a municipal 13 ordinance adopted under AS 29.35.125; and 14 (10) may not allow the number of individuals occupying the 15 premises to exceed the number allowed by applicable law or covenant limiting 16 the landlord's use of the premises. 17 * Sec. 12. AS 34.03 is amended by adding a new section to article 5 to read: 18 Sec. 34.03.215. Early termination of rental agreement as the result of 19 domestic violence, sexual assault, or stalking. (a) Notwithstanding the term of 20 occupancy in a rental agreement, a tenant who has been the victim of domestic 21 violence, sexual assault, or stalking on the premises or by an occupant of the premises 22 may terminate a rental agreement within 10 days after giving notice to the landlord as 23 provided in this section. 24 (b) The notice to the landlord must be delivered to the landlord within 30 days 25 after the incident that is the basis for the early termination of the rental agreement 26 under this section. 27 (c) In support of the early termination of the rental agreement, the tenant shall 28 include the following in the notice to the landlord: 29 (1) a copy of the complaint or other documentation provided to a law 30 enforcement agency or court related to the incident of domestic violence, sexual 31 assault, or stalking that is the basis for the early termination;
01 (2) the approximate date of the most recent incident that is the basis for 02 the early termination of the rental agreement under this section; 03 (3) the date the individual will terminate the rental agreement; 04 (4) a statement as to whether the perpetrator of the domestic violence, 05 sexual assault, or stalking was a tenant under the rental agreement; 06 (5) whether a tenant other than the individual providing notice under 07 this section intends to continue to occupy the premises; 08 (6) the plan, if any, for the tenant to remove or retrieve personal 09 property from the premises or a statement that the tenant is abandoning any personal 10 property remaining on the premises; and 11 (7) contact information for the purpose of notice and the payment of 12 any amount due the tenant under AS 34.03.070. 13 * Sec. 13. AS 34.03.220(a) is amended to read: 14 (a) Except as provided in this chapter, 15 (1) if the tenant or someone in the tenant's control deliberately inflicts 16 substantial damage to the premises in breach of AS 34.03.120(a)(5) or the tenant 17 engages in or permits another to engage in prostitution or another illegal activity 18 at the premises in breach of AS 34.03.120(b), the landlord may deliver a written 19 notice to quit to the tenant under AS 09.45.100 - 09.45.105 specifying the act or 20 activity constituting the breach and specifying that the rental agreement will terminate 21 on [UPON] a date that is not less than 24 hours or more than five days after service 22 of the notice; for purposes of this paragraph, damage to premises is "substantial" if the 23 loss, destruction, or defacement of property attributable to the deliberate infliction of 24 damage to the premises exceeds $400; 25 (2) if there is a material noncompliance by the tenant with the rental 26 agreement, or if there is noncompliance with AS 34.03.120, other than deliberate 27 infliction of substantial damage to the premises or other than noncompliance as to a 28 utility service for which the provisions of (e) of this section apply, materially affecting 29 health and safety, the landlord may deliver a written notice to quit to the tenant under 30 AS 09.45.100 - 09.45.110 specifying the acts and omissions constituting the breach 31 and specifying that the rental agreement will terminate on [UPON] a date not less than
01 10 days after service of the notice; if the breach is not remedied, the rental agreement 02 terminates as provided in the notice subject to the provisions of this section; if the 03 breach is remediable by repairs or the payment of damages or otherwise and the tenant 04 adequately remedies the breach before the date specified in the notice, the rental 05 agreement will not terminate; in the absence of due care by the tenant, if substantially 06 the same act or omission that constituted a prior noncompliance of which notice was 07 given recurs within six months, the landlord may terminate the rental agreement upon 08 at least five days' [DAYS] written notice to quit specifying the breach and the date of 09 termination of the rental agreement. 10 * Sec. 14. AS 34.03.330(b) is amended to read: 11 (b) Unless created to avoid the application of this chapter, the following 12 arrangements are not governed by this chapter: 13 (1) residence at an institution, public or private, if incidental to 14 detention or the provision of medical, geriatric, educational, counseling, religious, or 15 similar services; 16 (2) occupancy under a contract of sale of a dwelling unit or the 17 property of which it is a part if the occupant is the purchaser or a person who succeeds 18 to the interest of a purchaser; 19 (3) occupancy by a member of a fraternal or social organization in the 20 portion of a structure operated for the benefit of the organization; 21 (4) transient occupancy in a hotel, motel, lodgings, or other transient 22 facility; in this paragraph, "transient occupancy" means the presence or stay of 23 an individual for less than 30 consecutive days; 24 (5) occupancy by an employee of a landlord whose right to occupancy 25 is conditioned upon employment substantially for services, maintenance, or repair to 26 the premises; 27 (6) occupancy by an owner of a condominium unit or a holder of a 28 proprietary lease in a cooperative; 29 (7) occupancy under a rental agreement covering premises used by the 30 occupant primarily for agricultural purposes; 31 (8) occupancy under a rental agreement covering premises used as part
01 of a transitional or supportive housing program that is sponsored or operated by a 02 public corporation or by a nonprofit corporation and that provides shelter and related 03 support services intended to improve the occupant's opportunity to obtain permanent 04 housing. 05 * Sec. 15. AS 34.03.380 is amended to read: 06 Sec. 34.03.380. Short title. This chapter may be cited as the ["UNIFORM] 07 Residential Landlord and Tenant Act.["] 08 * Sec. 16. AS 43.23.065(b) is amended to read: 09 (b) An exemption is not available under this section for permanent fund 10 dividends taken to satisfy 11 (1) child support obligations required by court order or decision of the 12 child support services agency under AS 25.27.140 - 25.27.220; 13 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 14 12.55.100, or AS 47.12.120(b)(4); 15 (3) claims on defaulted education loans under AS 43.23.067; 16 (4) court ordered fines; 17 (5) writs of execution under AS 09.35 of a judgment that is entered 18 (A) against a minor in a civil action to recover damages and 19 court costs; 20 (B) under AS 09.65.255 against the parent, parents, or legal 21 guardian of an unemancipated minor; 22 (6) a debt owed by an eligible individual to an agency of the state, 23 including the University of Alaska, unless the debt is contested and an appeal is 24 pending, or the time limit for filing an appeal has not expired; 25 (7) a debt owed to a person for a program for the rehabilitation of 26 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 27 AS 25.20.061(3), or AS 33.16.150(f)(2); 28 (8) a judgment for unpaid rent or damage owed to a landlord by 29 an eligible individual that was a tenant of the landlord; in this paragraph, 30 "tenant" has the meaning given in AS 34.03.360. 31 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. Sections 4 - 14 of this Act apply to a residential rental agreement 03 for a period beginning on or after the effective date of this Act.