CSHB 222(JUD): "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises."
00CS FOR HOUSE BILL NO. 222(JUD) 01 "An Act relating to landlords and tenants, to termination of tenancies and 02 recovery of rental premises, to tenant responsibilities, to the civil remedies of 03 forcible entry and detainer and nuisance abatement, and to the duties of peace 04 officers to notify landlords of arrests involving certain illegal activity on rental 05 premises." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.21 is amended by adding a new section to read: 08 Sec. 04.21.075. NOTICE TO LANDLORD FOLLOWING ARREST. (a) A 09 peace officer who arrests a person for illegal activity involving alcoholic beverages on 10 premises that the peace officer believes are occupied by a person who is not the owner 11 of the premises shall 12 (1) make a reasonable attempt to discover the identity of the owner of 13 the premises; and 14 (2) notify the owner of the person's arrest
01 (A) in person; or 02 (B) in writing, at the last address listed on the assessment roll 03 maintained by the municipality under AS 29.45.160 if the premises are located 04 within a municipality that levies and collects a property tax; if an address is not 05 available, notice of the person's arrest may be sent to the property owner at 06 any other address known to the peace officer. 07 (b) In this section, "illegal activity involving alcoholic beverages" has the 08 meaning given in AS 34.03.360. 09 * Sec. 2. AS 09.45.090 is amended to read: 10 Sec. 09.45.090. UNLAWFUL HOLDING BY FORCE. The following are 11 cases of unlawful holding by force within the meaning of AS 09.45.060 - 09.45.160: 12 (1) when the tenant or person in possession of a premises 13 (A) fails or refuses to pay the rent due on the lease or 14 agreement under which the tenant or person holds, or fails to deliver up the 15 possession of the premises within [FOR] 10 days after demand made in writing 16 for the possession; for premises to which the provisions of AS 34.03 17 (Uniform Residential Landlord and Tenant Act) apply, notice provided 18 under AS 34.03.220(b) by the person seeking to recover possession of the 19 premises satisfies the notice requirements of this subparagraph; or 20 (B) violates AS 34.03.120(b) or AS 34.05.100(a) and, after a 21 notice to quit as provided in AS 09.45.100, the tenant or person in 22 possession of the premises fails or refuses to deliver up the possession of 23 the premises within five days after demand made in writing for the 24 possession; 25 (2) when, after a notice to quit as provided in AS 09.45.100 26 [AS 09.45.060 - 09.45.160], a person continues in the possession of the premises 27 (A) at the expiration of the time limited in the lease or 28 agreement under which that person holds; 29 (B) [, OR] contrary to a condition or covenant in the lease or 30 agreement, including the breach of a condition or covenant set out in 31 AS 34.03.120(a) but not including the breach of a condition or covenant to
01 which (1) of this section applies; or 02 (C) without a written lease or agreement; 03 (3) when, after a notice to terminate the tenancy as provided in this title 04 with reference to termination of estate at will or by sufferance or after receipt of an 05 order of abatement under AS 09.50.210(a), a person continues in possession of the 06 premises after expiration of the time for determining the tenancy. 07 * Sec. 3. AS 09.45.100 is amended to read: 08 Sec. 09.45.100. REQUISITES OF NOTICE TO QUIT. A notice to quit shall 09 be in writing and shall be served upon the tenant or person in possession by being 10 (1) delivered to the tenant or person; 11 (2) [OR] left at the premises in case of absence from the premises; [,] 12 or 13 (3) [THE NOTICE MAY BE] sent by registered or certified mail [, IN 14 WHICH CASE AN ADDITIONAL THREE DAYS SHALL BE ADDED TO THE 10 15 DAYS]. 16 * Sec. 4. AS 09.45.100 is amended by adding a new subsection to read: 17 (b) If notice is provided by mail under (a)(3) of this section, an additional 18 three days shall be added 19 (1) to the 10 days' notice if, under AS 09.45.090(1)(A), the tenant or 20 person in possession of the premises fails or refuses to pay the rent due on the lease 21 or agreement under which the tenant holds or deliver up the possession of the 22 premises; 23 (2) to the five days' notice if, under AS 09.45.090(1)(B), the tenant or 24 person in possession of the premises fails or refuses to deliver up the possession of the 25 premises; or 26 (3) to the required number of days of notice if notice to quit is given 27 for a reason other than that set out in AS 09.45.090(1). 28 * Sec. 5. AS 09.45.110 is amended to read: 29 Sec. 09.45.110. PERIOD BETWEEN SERVICE OF NOTICE AND ACTION 30 BROUGHT. An action for the recovery of the possession of the premises may be 31 maintained
01 (1) in [THE] cases specified in AS 09.45.090(2)(A), [AS 09.45.090(2)] 02 when the notice to quit has been served upon the tenant or person in possession for the 03 period of five [10] days before the commencement of the action unless the leasing or 04 occupation is for the purpose of farming or agriculture, in which case the notice shall 05 be served 90 days before commencement of the action; and 06 (2) in cases specified in AS 09.45.090(2)(B) and (C), when the notice 07 to quit has been served upon the tenant or person in possession before the 08 commencement of the action. 09 * Sec. 6. AS 09.45 is amended by adding a new section to read: 10 Sec. 09.45.125. ORDER. If, after trial, the court finds and enters judgment 11 against the tenant or person in possession, the court shall enter an order to vacate 12 directed to the tenant or person in possession and, at the request of the person 13 recovering possession of the premises, at the same time or at any later date may issue 14 a writ of assistance to a peace officer to secure that officer's assistance in serving and 15 enforcing the order to vacate. 16 * Sec. 7. AS 09.45 is amended by adding a new section to read: 17 Sec. 09.45.135. ACTION AGAINST TENANT OCCUPYING PREMISES 18 ABATED AS NUISANCE. In an action under AS 09.45.060 - 09.45.160 against a 19 tenant or person in possession of premises for which an order of abatement has been 20 entered under AS 09.50.210(a), a certified copy of the order of abatement is prima 21 facie evidence of unlawful holding of the premises by force by a person who remains 22 on the premises. 23 * Sec. 8. AS 09.50.170 is amended to read: 24 Sec. 09.50.170. ABATEMENT OF PLACES USED FOR CERTAIN ACTS 25 [IMMORAL ACT]. A person who erects, establishes, continues, maintains, uses, 26 owns, or leases a building, structure, or other place used for one of the following 27 activities [THE PURPOSES OF LEWDNESS, ASSIGNATION, OR PROSTITUTION 28 OR ANY OTHER IMMORAL ACT] is guilty of maintaining a nuisance, and the 29 building, structure, or place, or the ground itself in or upon which or in any part of 30 which the activity [LEWDNESS, ASSIGNATION, OR PROSTITUTION] is 31 conducted, permitted, [OR] carried on, continues, or exists, and its [THE] furniture,
01 fixtures, and other contents, constitute a nuisance and may be enjoined and abated: 02 (1) prostitution; 03 (2) an illegal activity involving a place of prostitution; or 04 (3) an illegal activity involving 05 (A) alcoholic beverages; 06 (B) a controlled substance; or 07 (C) an imitation controlled substance. 08 * Sec. 9. AS 09.50.170 is amended by adding a new subsection to read: 09 (b) In this section, "illegal activity involving alcoholic beverages," "illegal 10 activity involving a controlled substance," "illegal activity involving an imitation 11 controlled substance," "illegal activity involving a place of prostitution," and 12 "prostitution" have the meanings given in AS 34.03.360. 13 * Sec. 10. AS 09.50 is amended by adding a new section to read: 14 Sec. 09.50.175. ADMISSIBILITY OF EVIDENCE TO PROVE NUISANCE. 15 In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the 16 court may consider 17 (1) evidence of reputation within a community; 18 (2) evidence derived from records of the courts of the state or of the 19 United States that relate to previous complaints concerning alleged violations of, and 20 to arrests for or convictions of violations of, laws based on activity set out in 21 AS 09.50.170. 22 * Sec. 11. AS 09.50.210 is amended to read: 23 Sec. 09.50.210. ORDER OF ABATEMENT. (a) If the court finds and 24 enters [UPON] judgment that a nuisance exists, the court shall enter an order of 25 abatement. The order of abatement must direct 26 (1) termination of the lease or rental agreement, if any, on the 27 premises subject to the order of abatement, if the tenant who occupies under the 28 lease or rental agreement has been given notice of the proceedings under 29 AS 09.50.170 - 09.50.240; 30 (2) [SHALL BE ENTERED DIRECTING] the removal from the 31 building or place of the fixtures, furniture, and movable property used in the nuisance
01 and their sale in the manner provided for the sale of chattels under execution; 02 (3) [. THE ORDER SHALL ALSO DIRECT] the closing of the 03 building or place against its use for any purpose for a period of one year unless sooner 04 released. 05 (b) A person who breaks and enters or uses a building, structure, or other 06 place [SO] directed to be closed by an order entered under (a)(3) of this section is 07 guilty of contempt and shall be punished for contempt as provided in AS 09.50.200. 08 * Sec. 12. AS 09.50.230 is amended to read: 09 Sec. 09.50.230. RELEASE OF PREMISES TO OWNER. (a) The court may 10 order premises abated under AS 09.50.210 delivered to the owner and cancel the 11 order of abatement if [IF] the owner of the premises 12 (1) has not been guilty of a contempt in the proceedings; 13 (2) [, AND] appears and pays all costs, fees, and allowances that 14 [WHICH] are a lien on the premises; [,] and 15 (3) files a bond with sureties approved by the court in an amount 16 [THE FULL VALUE OF THE PROPERTY AS] determined by the court to the effect 17 that the owner will abate the nuisance that exists at the building or place and prevent 18 the nuisance from being established within a period of one year thereafter [, THE 19 COURT MAY ORDER THE PREMISES TO BE DELIVERED TO THE OWNER 20 AND CANCEL THE ORDER OF ABATEMENT]. 21 (b) The lease of the property does not release it from a judgment, lien, penalty, 22 or liability to which it may be subject by law. 23 (c) A cancellation of the order of abatement does not affect a termination 24 of a lease or rental agreement made under AS 09.50.210(a)(1). 25 * Sec. 13. AS 17.30 is amended by adding a new section to read: 26 Sec. 17.30.160. NOTICE TO LANDLORD FOLLOWING ARREST. (a) A 27 peace officer who arrests a person for illegal activity involving a controlled substance 28 or illegal activity involving an imitation controlled substance on premises that the 29 peace officer believes are occupied by a person who is not the owner of the premises 30 shall 31 (1) make a reasonable attempt to discover the identity of the owner of
01 the premises; and 02 (2) notify the owner of the person's arrest 03 (A) in person; or 04 (B) in writing, at the last address listed on the assessment roll 05 maintained by the municipality under AS 29.45.160 if the premises are located 06 within a municipality that levies and collects a property tax; if an address is not 07 available, notice of the person's arrest may be sent to the property owner at 08 any other address known to the peace officer. 09 (b) In this section, "illegal activity involving a controlled substance" and 10 "illegal activity involving an imitation controlled substance" have the meanings given 11 in AS 34.03.360. 12 * Sec. 14. 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. 15. 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. 16. AS 34.03.090 is amended by adding a new subsection to read: 11 (b) As a condition of delivery of possession of the premises to the tenant, the 12 landlord may require the tenant to acknowledge or verify by the tenant's signature the 13 accuracy of the premises condition statement and contents inventory prepared under 14 AS 34.03.020(e). Before requiring the tenant's signature, the landlord shall first advise 15 the tenant that the premises condition statement and contents inventory 16 (1) may be used by the landlord as the basis 17 (A) to determine whether prepaid rent or a security deposit shall 18 be applied to the payment of damages to the premises when authorized by 19 AS 34.03.070(b); and 20 (B) to compute the recovery of other damages to which the 21 parties may be entitled under this chapter; and 22 (2) is, in an action initiated by a party to recover damages or to obtain 23 other relief to which a party may be entitled under this chapter, presumptive evidence 24 of the condition of the premises and its contents at the commencement of the term of 25 the period of occupancy covered by the rental agreement. 26 * Sec. 17. AS 34.03.110(a) is amended to read: 27 (a) Unless otherwise agreed, a landlord who conveys premises that include a 28 dwelling unit subject to a rental agreement in a good faith sale to a bona fide 29 purchaser is relieved of liability under the rental agreement and this chapter as to 30 events occurring subsequent to written notice to the tenant of the conveyance. 31 However,
01 (1) the landlord remains liable to the tenant for the property and money 02 to which the tenant is entitled under AS 34.03.070, unless the property and money are 03 specifically assigned to and accepted by the purchaser; and 04 (2) the provisions of 05 (A) a premises condition statement prepared under 06 AS 34.03.020(e) between the landlord and the tenant remains valid as 07 between the purchaser and the tenant until a new premises condition 08 statement is entered into between the purchaser and the tenant; and 09 (B) a contents inventory prepared under AS 34.03.020(e) 10 between the landlord and the tenant remains valid as between the 11 purchaser and the tenant for the contents remaining on the premises after 12 the conveyance of the premises until a new contents inventory is entered 13 into between the purchaser and the tenant. 14 * Sec. 18. AS 34.03.120 is amended to read: 15 Sec. 34.03.120. TENANT TO MAINTAIN DWELLING UNIT. The tenant 16 shall 17 (1) keep that part of the premises occupied and used by the tenant as 18 clean and safe as the condition of the premises permit; 19 (2) dispose all ashes, rubbish, garbage, and other waste from the 20 dwelling unit in a clean and safe manner; 21 (3) keep all plumbing fixtures in the dwelling unit or used by the tenant 22 as clean as their condition permits; 23 (4) use in an ordinary, nonabusive [A REASONABLE] manner all 24 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 25 facilities and appliances including elevators in the premises; 26 (5) not [DELIBERATELY OR NEGLIGENTLY] destroy, deface, 27 damage, impair, or remove a part of the premises or knowingly permit any person to 28 do so; 29 (6) not [UNREASONABLY] disturb, or permit others on the premises 30 with the tenant's consent to [UNREASONABLY] disturb, a neighbor's peaceful 31 enjoyment of the premises; and
01 (7) maintain smoke detection devices as required under AS 18.70.095. 02 * Sec. 19. AS 34.03.120 is amended by adding a new subsection to read: 03 (b) The tenant may not knowingly engage at the premises in prostitution, an 04 illegal activity involving a place of prostitution, an illegal activity involving alcoholic 05 beverages, an illegal activity involving a controlled substance, or an illegal activity 06 involving an imitation controlled substance, or knowingly permit others in the premises 07 to engage in one or more of those activities at the rental premises. 08 * Sec. 20. AS 34.03.220(a) is amended to read: 09 (a) Except as provided in this chapter, if there is [A MATERIAL] 10 noncompliance by the tenant with the rental agreement or noncompliance with 11 AS 34.03.120(a) [AS 34.03.120 MATERIALLY AFFECTING HEALTH AND 12 SAFETY], the landlord may deliver a written notice to the tenant specifying the acts 13 and omissions constituting the breach and specifying that the rental agreement will 14 terminate 24 hours [UPON A DATE NOT LESS THAN 20 DAYS] after receipt of 15 the notice. If the breach is remediable by repairs or the payment of damages or 16 otherwise and the tenant remedies the breach to the satisfaction of the landlord 17 before the date specified in the notice, the rental agreement will not terminate. 18 If the breach is not remedied [IN 10 DAYS], the rental agreement terminates as 19 provided in the notice, and at that time the landlord may serve a notice under 20 AS 09.45.100 to quit the premises. This subsection does not apply unless the 21 tenant's acts or omissions constituting noncompliance 22 (1) with or breach of the obligation imposed by AS 34.03.120(a)(5) 23 are substantial; an act or omission is "substantial" if the loss of property 24 attributable to the destruction, defacement, damage, impairment, or removal 25 affecting the premises exceeds the amount of the security deposit held by the 26 landlord under AS 34.03.070; 27 (2) with or breach of an obligation imposed by AS 34.03.120(a)(1) - (4) materially affect the health or 28 safety of the tenant or other tenants; 29 (3) with the rental agreement, other than a provision of the rental 30 agreement that addresses an obligation imposed by AS 34.03.120(a), detrimentally 31 affect the landlord's investment in the premises, the quiet enjoyment of the
01 premises by other tenants, or the use and occupancy of adjacent premises 02 [SUBJECT TO THE PROVISIONS OF THIS SECTION. IF THE BREACH IS 03 REMEDIABLE BY REPAIRS OR THE PAYMENT OF DAMAGES OR 04 OTHERWISE AND THE TENANT ADEQUATELY REMEDIES THE BREACH 05 BEFORE THE DATE SPECIFIED IN THE NOTICE, THE RENTAL AGREEMENT 06 WILL NOT TERMINATE. IN THE ABSENCE OF DUE CARE BY THE TENANT, 07 IF SUBSTANTIALLY THE SAME ACT OR OMISSION THAT CONSTITUTED A 08 PRIOR NONCOMPLIANCE OF WHICH NOTICE WAS GIVEN RECURS WITHIN 09 SIX MONTHS, THE LANDLORD MAY TERMINATE THE RENTAL 10 AGREEMENT UPON AT LEAST 10 DAYS WRITTEN NOTICE SPECIFYING THE 11 BREACH AND THE DATE OF TERMINATION OF THE RENTAL AGREEMENT]. 12 * Sec. 21. AS 34.03.220 is amended by adding a new subsection to read: 13 (d) An order of abatement entered by a court under AS 09.50.170 terminates 14 a rental agreement on the premises subject to the order of abatement. 15 * Sec. 22. AS 34.03 is amended by adding a new subsection to read: 16 Sec. 34.03.335. PROOF OF BASIS IN CERTAIN PROPERTY DAMAGE 17 CLAIMS. In an action initiated by a party to recover damages or to obtain other relief 18 to which a party may be entitled under this chapter, a premises condition statement and 19 contents inventory prepared under AS 34.03.020(e) is presumptive evidence of the 20 condition of the premises and its contents at the commencement of the term of the 21 period of occupancy covered by the rental agreement between the parties. Unless its 22 authenticity is rebutted by clear and convincing evidence by the party against whom 23 the statement and contents inventory is offered, the statement and contents inventory 24 may be offered by a party, without additional supporting evidence, as the basis on 25 which to compute the recovery of damages to which the party may be entitled under 26 this chapter. 27 * Sec. 23. AS 34.03.360 is amended by adding new paragraphs to read: 28 (19) "illegal activity involving alcoholic beverages" means a person's 29 delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the 30 results of a local option election have, under AS 04.11.490 - 04.11.500, prohibited the 31 Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor
01 license or permit under AS 04; 02 (20) "illegal activity involving a controlled substance" means a 03 violation of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), 04 (2), or (5); 05 (21) "illegal activity involving an imitation controlled substance" means 06 a violation of AS 11.73.010 - 11.73.030; 07 (22) "illegal activity involving a place of prostitution" means a violation 08 of AS 11.66.120(a)(1), 11.66.130(a)(1), or 11.66.130(a)(4); 09 (23) "prostitution" means an act in violation of AS 11.66.100. 10 * Sec. 24. AS 34.05 is amended by adding a new section to read: 11 ARTICLE 3. ILLEGAL ACTIVITIES IN NONRESIDENTIAL PREMISES. 12 Sec. 34.05.100. TENANT RESPONSIBILITIES IN PREMISES OTHER 13 THAN DWELLING UNITS. (a) In rented premises other than premises to which the 14 provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises 15 in prostitution, an illegal activity involving a place of prostitution, an illegal activity 16 involving alcoholic beverages, an illegal activity involving a controlled substance, or 17 an illegal activity involving an imitation controlled substance, or knowingly permit 18 others in the premises to engage in one or more of those activities at the rental 19 premises. 20 (b) If there is noncompliance with (a) of this section, a person may seek relief 21 under AS 09.50.170 - 09.50.240. 22 (c) An order of abatement entered by a court under AS 09.50.210 against 23 premises under this section terminates a rental agreement on the premises subject to 24 the order of abatement. 25 (d) In this section, "dwelling unit," "illegal activity involving alcoholic 26 beverages," "illegal activity involving a controlled substance," "illegal activity 27 involving an imitation controlled substance," "illegal activity involving a place of 28 prostitution," and "prostitution" have the meanings given in AS 34.03.360. 29 * Sec. 25. AS 34.03.360(18) is repealed.