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."
00CS 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 AS 09.45.090 is repealed and reenacted to read: 09 Sec. 09.45.090.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 10 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) the landlord requires the tenant to vacate the premises for 17 a reason set out in AS 34.03.310(c)(2) or (c)(4) - (7), following service of 18 written notice to quit, the tenant fails or refuses to deliver up the possession of 19 the premises within the longer of 30 days or the period of notice for the 20 landlord's recovery of possession of the premises set out in the rental 21 agreement; 22 (D) in a mobile home park, there is to be a change in the use 23 of land for which termination of tenancy is authorized by AS 34.03.225(a)(4), 24 following service of written notice to quit, the mobile home dweller or tenant 25 fails or refuses to vacate within the number of days provided for termination 26 under AS 34.03.225(a)(4); 27 (E) after termination of a periodic tenancy as prescribed by 28 AS 34.03.290(a) or (b), following service of written notice to quit, the tenant 29 remains in possession without the landlord's consent after expiration of the 30 term of the rental agreement or after the date of its expiration; 31 (F) after the tenant has violated AS 34.03.120(b) or the tenant
01 has used the dwelling unit or allowed the dwelling unit to be used for an illegal 02 purpose in violation of AS 34.03.310(c)(3), other than a breach of 03 AS 34.03.120(b), following service of written notice to quit, the tenant fails or 04 refuses to deliver up the possession of the premises within five days; or 05 (G) following service of written notice to quit, a person in 06 possession continues in possession of the premises without a valid rental 07 agreement, as that term is defined in AS 34.03.360, and without the consent of 08 the landlord; or 09 (3) when, without a notice to quit, a tenant or person in possession 10 continues in possession of the premises after the tenancy has been terminated by 11 issuance of an order of abatement under AS 09.50.210(a). 12 (b) For property to which the provisions of AS 34.03 (Uniform Residential 13 Landlord and Tenant Act) do not apply, unlawful holding by force includes each of 14 the following: 15 (1) when, for failure or refusal to pay rent due on the lease or 16 agreement under which the tenant or person in possession holds, after service, under 17 AS 09.45.100(c), of demand made in writing by the landlord for the possession of the 18 premises if the rent is not paid, the tenant or person in possession fails or refuses to 19 vacate or pay the rent due within 10 days; 20 (2) when, following service of a written notice to quit, 21 (A) after the tenant or person in possession has breached or 22 violated a condition or covenant of the lease or rental agreement other than 23 breach of a covenant or condition set out in (B) of this paragraph, the tenant 24 or person in possession of a premises fails or refuses to deliver up the 25 possession of the premises within 10 days; 26 (B) after the tenant or person in possession has deliberately 27 inflicted substantial damage to the premises, the tenant or person in possession 28 of a premises fails or refuses to deliver up the possession of the premises on 29 the date required by the landlord; the date specified may not be less than 24 30 hours after demand for possession of the premises by the landlord; 31 (C) after the tenant or person in possession has violated
01 AS 34.05.100(a) or has used the premises for or allowed the premises to be 02 used for an illegal purpose, the tenant or person in possession fails or refuses 03 to deliver up the possession of the premises within five days; 04 (D) for premises the lease or occupation of which is primarily 05 for the purpose of farming or agriculture, after the tenant or person in 06 possession has violated of AS 34.05.025, other than a violation that is a breach 07 under (B) or (C) of this paragraph, the tenant fails or refuses to deliver up 08 possession of the premises within 30 days; 09 (E) a tenancy based upon an estate at will terminates, and the 10 tenant or person in possession continues in possession of the premises; or 11 (F) a person in possession continues in possession of the 12 premises 13 (i) at the expiration of the time limited in the lease or 14 agreement under which that person holds; or 15 (ii) without a written lease or agreement and without the 16 consent of the landlord; or 17 (3) when, without a notice to quit, a tenant or person in possession 18 continues in the possession of the premises after the tenancy has been terminated by 19 issuance of an order of abatement under AS 09.50.210(a). 20 (c) When a landlord who is required to provide written notice to a tenant or 21 person in possession under (a) or (b) of this section, provides notice by mail, 22 notwithstanding any other provision of law, three days must be added to the period set 23 out in (a) or (b) of this section to determine the date on and after which the tenant or 24 person in possession unlawfully holds by force. 25 * Sec. 2. AS 09.45.100 is amended to read: 26 Sec. 09.45.100. [REQUISITES OF] NOTICE TO QUIT. (a) Except where 27 service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except 28 when notice to quit is not required by AS 09.45.090(a)(3) or (b)(3), a person 29 entitled to the premises who seeks to recover possession of the premises may not 30 commence and maintain an action to recover possession of premises under 31 AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit to the person
01 in possession. 02 (b) To recover possession of premises after a tenant or person in 03 possession has failed or refused to pay rent due, for purposes of (c) of this section, 04 AS 09.45.110 and AS 34.03.310(c), service of the written notice required by 05 AS 34.03.220(b) or of a demand in writing for possession of the premises 06 constitutes notice to quit, and service of a separate notice to quit is not required. 07 (c) A notice to quit shall be in writing and shall be served upon the tenant or 08 person in possession by being 09 (1) delivered to the tenant or person; 10 (2) [OR] left at the premises in case of absence from the premises; [,] 11 or 12 (3) [THE NOTICE MAY BE] sent by registered or certified mail [, IN 13 WHICH CASE AN ADDITIONAL THREE DAYS SHALL BE ADDED TO THE 10 14 DAYS]. 15 * Sec. 3. AS 09.45 is amended by adding a new section to read: 16 Sec. 09.45.105. CONTENT OF NOTICE TO QUIT. Notice to quit served 17 upon the tenant or person in possession must 18 (1) state 19 (A) the nature of the breach or violation of the lease or rental 20 agreement or other reason for termination of the tenancy of the tenant or person 21 in possession; 22 (B) in circumstances in which the breach or violation described 23 in (A) of this paragraph may be corrected by the tenant or person in possession 24 to avoid the termination of the tenancy, the nature of the remedial action to be 25 taken, and the date and time by which the corrective actions must be completed 26 in order to avoid termination of the tenancy; 27 (C) the date and time when the tenancy of the tenant or person 28 in possession under the lease or rental agreement will terminate; 29 (2) direct the tenant or person in possession to quit the premises not 30 later than the date and time of the termination of the tenancy; and 31 (3) give notice to the tenant or person in possession that, if the tenancy
01 terminates and the tenant or person in possession continues to occupy the premises, the 02 landlord may commence a civil action to remove the tenant or person and recover 03 possession. 04 * Sec. 4. AS 09.45.110 is repealed and reenacted to read: 05 Sec. 09.45.110. TIME WHEN ACTION TO RECOVER POSSESSION MAY 06 BE BROUGHT. An action for the recovery of the possession of the premises may be 07 commenced on or after the date the tenant or person in possession unlawfully holds 08 possession of the dwelling unit or rental premises by force, as determined under 09 AS 09.45.090. 10 * Sec. 5. AS 09.45 is amended by adding a new section to read: 11 Sec. 09.45.125. ORDER. If, after trial, the court finds and enters judgment 12 against the tenant or person in possession, the court shall enter an order to vacate 13 directed to the tenant or person in possession and, at the request of the person 14 recovering possession of the premises, at the same time or at any later date may issue 15 a writ of assistance to a peace officer to secure that officer's assistance in serving and 16 enforcing the order to vacate. 17 * Sec. 6. AS 09.45 is amended by adding a new section to read: 18 Sec. 09.45.135. ACTION AGAINST TENANT OCCUPYING PREMISES 19 ABATED AS NUISANCE. In an action under AS 09.45.060 - 09.45.160 against a 20 tenant or person in possession of premises for which an order of abatement has been 21 entered under AS 09.50.210(a), a certified copy of the order of abatement is prima 22 facie evidence of unlawful holding of the premises by force by a person who remains 23 on the premises. 24 * Sec. 7. AS 09.50.170 is amended to read: 25 Sec. 09.50.170. ABATEMENT OF PLACES USED FOR CERTAIN ACTS 26 [IMMORAL ACT]. A person who erects, establishes, continues, maintains, uses, 27 owns, or leases a building, structure, or other place used for one of the following 28 activities [THE PURPOSES OF LEWDNESS, ASSIGNATION, OR PROSTITUTION 29 OR ANY OTHER IMMORAL ACT] is guilty of maintaining a nuisance, and the 30 building, structure, or place, or the ground itself in or upon which or in any part of 31 which the activity [LEWDNESS, ASSIGNATION, OR PROSTITUTION] is
01 conducted, permitted, [OR] carried on, continues, or exists, and its [THE] furniture, 02 fixtures, and other contents, constitute a nuisance and may be enjoined and abated: 03 (1) prostitution; 04 (2) an illegal activity involving a place of prostitution; or 05 (3) an illegal activity involving 06 (A) alcoholic beverages; 07 (B) a controlled substance; or 08 (C) an imitation controlled substance. 09 * Sec. 8. AS 09.50.170 is amended by adding a new subsection to read: 10 (b) In this section, "illegal activity involving alcoholic beverages," "illegal 11 activity involving a controlled substance," "illegal activity involving an imitation 12 controlled substance," "illegal activity involving a place of prostitution," and 13 "prostitution" have the meanings given in AS 34.03.360. 14 * Sec. 9. AS 09.50 is amended by adding a new section to read: 15 Sec. 09.50.175. ADMISSIBILITY OF EVIDENCE TO PROVE NUISANCE. 16 In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the 17 court may consider 18 (1) evidence of reputation within a community; 19 (2) evidence derived from records of the courts of the state or of the 20 United States that relate to previous complaints concerning alleged violations of, and 21 to arrests for or convictions of violations of, laws based on activity set out in 22 AS 09.50.170. 23 * Sec. 10. AS 09.50.210 is amended to read: 24 Sec. 09.50.210. ORDER OF ABATEMENT. (a) If the court finds and 25 enters [UPON] judgment that a nuisance exists, the court shall enter an order of 26 abatement. The order of abatement must direct 27 (1) termination of the lease or rental agreement, if any, on the 28 premises subject to the order of abatement, if the tenant who occupies under the 29 lease or rental agreement has been given notice of the proceedings under 30 AS 09.50.170 - 09.50.240; 31 (2) [SHALL BE ENTERED DIRECTING] the removal from the
01 building or place of the fixtures, furniture, and movable property used in the nuisance 02 and their sale in the manner provided for the sale of chattels under execution; 03 (3) [. THE ORDER SHALL ALSO DIRECT] the closing of the 04 building or place against its use for any purpose for a period of one year unless sooner 05 released. 06 (b) A person who breaks and enters or uses a building, structure, or other 07 place [SO] directed to be closed by an order entered under (a)(3) of this section is 08 guilty of contempt and shall be punished for contempt as provided in AS 09.50.200. 09 * Sec. 11. AS 09.50.230 is amended to read: 10 Sec. 09.50.230. RELEASE OF PREMISES TO OWNER. (a) The court may 11 order premises abated under AS 09.50.210 delivered to the owner and cancel the 12 order of abatement if [IF] the owner of the premises 13 (1) has not been guilty of a contempt in the proceedings; 14 (2) [, AND] appears and pays all costs, fees, and allowances that 15 [WHICH] are a lien on the premises; [,] and 16 (3) files a bond with sureties approved by the court in an amount 17 [THE FULL VALUE OF THE PROPERTY AS] determined by the court to the effect 18 that the owner will abate the nuisance that exists at the building or place and prevent 19 the nuisance from being established within a period of one year thereafter [, THE 20 COURT MAY ORDER THE PREMISES TO BE DELIVERED TO THE OWNER 21 AND CANCEL THE ORDER OF ABATEMENT]. 22 (b) The lease of the property does not release it from a judgment, lien, penalty, 23 or liability to which it may be subject by law. 24 (c) A cancellation of the order of abatement does not affect a termination 25 of a lease or rental agreement made under AS 09.50.210(a)(1). 26 * Sec. 12. AS 34.03.020 is amended by adding a new subsection to read: 27 (e) If required by the landlord, the landlord and the tenant shall include within 28 the rental agreement, incorporate by reference in the rental agreement, or add as a 29 separate attachment to the rental agreement a premises condition statement, setting out 30 the condition of the premises, including fixtures but excluding reference to any of the 31 other contents of the premises, and, if applicable, a contents inventory itemizing or
01 describing all of the furnishings and other contents of the premises and specifying the 02 condition of each of them. In the premises condition statement and contents inventory, 03 the parties shall describe the premises and its contents at the commencement of the 04 term of the period of the occupancy covered by the rental agreement. When signed 05 by the parties, the premises condition statement and contents inventory completed 06 under this subsection become part of the rental agreement. 07 * Sec. 13. AS 34.03.070(b) is amended to read: 08 (b) Upon termination of the tenancy, property or money held by the landlord 09 as prepaid rent or as a security deposit may be applied to the payment of accrued rent 10 and the amount of damages that the landlord has suffered by reason of the tenant's 11 noncompliance with AS 34.03.120. ["DAMAGES" DOES NOT INCLUDE WEAR 12 RESULTING FROM ORDINARY USE OF THE PREMISES.] The accrued rent and 13 damages must be itemized by the landlord in a written notice mailed to the tenant's 14 last known address within the time limit prescribed by (g) of this section, together with 15 the amount due the tenant. In this subsection, "damages" 16 (1) means deterioration of the premises and, if applicable, of the 17 contents of the premises; 18 (2) does not include deterioration 19 (A) that is the result of the tenant's use of the premises by 20 normal, nonabusive living; 21 (B) caused by the landlord's failure to prepare for expected 22 conditions or by the landlord's failure to comply with an obligation of the 23 landlord imposed by this chapter. 24 * Sec. 14. AS 34.03.090 is amended to read: 25 Sec. 34.03.090. LANDLORD TO SUPPLY POSSESSION OF THE 26 DWELLING UNIT. At the commencement of the term the landlord shall deliver 27 possession of the premises to the tenant in compliance with the rental agreement and 28 AS 34.03.100. The landlord may, after serving a notice to quit under AS 09.45.100 29 - 09.45.105 to a person who is wrongfully in possession, 30 (1) bring an action for possession against any person wrongfully in 31 possession; and
01 (2) [MAY] recover the damages provided in AS 34.03.290. 02 * Sec. 15. AS 34.03.090 is amended by adding a new subsection to read: 03 (b) As a condition of delivery of possession of the premises to the tenant, the 04 landlord may require the tenant to acknowledge or verify by the tenant's signature the 05 accuracy of the premises condition statement and contents inventory prepared under 06 AS 34.03.020(e). Before requiring the tenant's signature, the landlord shall first advise 07 the tenant that the premises condition statement and contents inventory 08 (1) may be used by the landlord as the basis 09 (A) to determine whether prepaid rent or a security deposit shall 10 be applied to the payment of damages to the premises when authorized by 11 AS 34.03.070(b); and 12 (B) to compute the recovery of other damages to which the 13 parties may be entitled under this chapter; and 14 (2) is, in an action initiated by a party to recover damages or to obtain 15 other relief to which a party may be entitled under this chapter, presumptive evidence 16 of the condition of the premises and its contents at the commencement of the term of 17 the period of occupancy covered by the rental agreement. 18 * Sec. 16. AS 34.03.110(a) is amended to read: 19 (a) Unless otherwise agreed, a landlord who conveys premises that include a 20 dwelling unit subject to a rental agreement in a good faith sale to a bona fide 21 purchaser is relieved of liability under the rental agreement and this chapter as to 22 events occurring subsequent to written notice to the tenant of the conveyance. 23 However, 24 (1) the landlord remains liable to the tenant for the property and money 25 to which the tenant is entitled under AS 34.03.070, unless the property and money are 26 specifically assigned to and accepted by the purchaser; and 27 (2) the provisions of 28 (A) a premises condition statement prepared under 29 AS 34.03.020(e) between the landlord and the tenant remains valid as 30 between the purchaser and the tenant until a new premises condition 31 statement is entered into between the purchaser and the tenant; and
01 (B) a contents inventory prepared under AS 34.03.020(e) 02 between the landlord and the tenant remains valid as between the 03 purchaser and the tenant for the contents remaining on the premises after 04 the conveyance of the premises until a new contents inventory is entered 05 into between the purchaser and the tenant. 06 * Sec. 17. AS 34.03.120 is amended by adding a new subsection to read: 07 (b) The tenant may not knowingly engage at the premises in prostitution, an 08 illegal activity involving a place of prostitution, an illegal activity involving alcoholic 09 beverages, an illegal activity involving a controlled substance, or an illegal activity 10 involving an imitation controlled substance, or knowingly permit others in the premises 11 to engage in one or more of those activities at the rental premises. 12 * Sec. 18. AS 34.03.160(a) is amended to read: 13 (a) Except as provided in this chapter, 14 (1) if the landlord fails to comply with the rental agreement and the 15 reasonable cost of compliance is less than $300 or an amount equal to one-half the 16 periodic rent, whichever amount is greater, the tenant may recover damages for 17 the breach under this paragraph or may notify the landlord of the tenant's 18 intention to correct the condition at the landlord's expense; if the landlord fails 19 to comply within 10 days after being notified by the tenant in writing or as 20 promptly as conditions require in case of emergency, the tenant may make the 21 repairs and, after submitting to the landlord an itemized statement, deduct from 22 the tenant's rent the actual and reasonable cost or the fair and reasonable value 23 of the work, not exceeding the amount specified in this paragraph; 24 (2) if there is a material noncompliance by the landlord with the rental 25 agreement or a noncompliance with AS 34.03.100 materially affecting health and 26 safety, the tenant may deliver a written notice to the landlord specifying the acts and 27 omissions constituting the breach and specifying that the rental agreement will 28 terminate upon a date not less than 10 [20] days after service [RECEIPT] of the notice 29 if the breach is not remedied in 10 days, and the rental agreement shall terminate as 30 provided in the notice subject to the provisions of this section; if [. IF] the breach is 31 remediable by repairs or the payment of damages or otherwise, and the landlord
01 remedies the breach before the date specified in the notice, the rental agreement will 02 not terminate; in [. IN] the absence of due care by the landlord, if substantially the 03 same act or omission that constituted a prior noncompliance of which notice was given 04 recurs within six months, the tenant may terminate the rental agreement upon at least 05 five [10] days written notice specifying the breach and the date of termination of the 06 rental agreement; 07 (3) the [. THE] tenant may not repair at the landlord's expense or 08 terminate if the repair or termination was for a condition caused by the deliberate 09 or negligent act or omission of the tenant, a member of the tenant's family, or other 10 person on the premises with the tenant's consent. 11 * Sec. 19. AS 34.03.210 is amended to read: 12 Sec. 34.03.210. TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL 13 OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE. (a) If the landlord 14 unlawfully removes or excludes the tenant from the premises or wilfully diminishes 15 services to the tenant by interrupting or causing the interruption of electric, gas, water, 16 sanitary, or other essential service to the tenant, the tenant may recover possession or 17 terminate the rental agreement and, in either case, recover an amount not to exceed 18 two [ONE AND ONE-HALF] times the actual damages. 19 (b) If the rental agreement is terminated, the landlord shall return all prepaid 20 rent and security deposits recoverable by the tenant under AS 34.03.070. 21 * Sec. 20. AS 34.03.220(a) is amended to read: 22 (a) Except as provided in this chapter, 23 (1) if the tenant or someone in the tenant's control deliberately 24 inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5), the 25 landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 26 09.45.105 specifying the act constituting the breach and specifying that the rental 27 agreement will terminate upon a date that is not less than 24 hours after service 28 of the notice; for purposes of this paragraph, damage to premises is "substantial" 29 if the loss, destruction, or defacement of property attributable to the deliberate 30 infliction of damage to the premises exceeds $400 or the amount of the security 31 deposit held by the landlord under AS 34.03.070, whichever is greater;
01 (2) if there is a material noncompliance by the tenant with the rental 02 agreement, or if there is noncompliance with AS 34.03.120, other than deliberate 03 infliction of substantial damage to the premises, materially affecting health and 04 safety, the landlord may deliver a written notice to quit to the tenant under 05 AS 09.45.100 - 09.45.110 specifying the acts and omissions constituting the breach and 06 specifying that the rental agreement will terminate upon a date not less than 10 [20] 07 days after service [RECEIPT] of the notice; if [. IF] the breach is not remedied [IN 08 10 DAYS], the rental agreement terminates as provided in the notice subject to the 09 provisions of this section; if [. IF] the breach is remediable by repairs or the payment 10 of damages or otherwise and the tenant adequately remedies the breach before the date 11 specified in the notice, the rental agreement will not terminate; in [. IN] the absence 12 of due care by the tenant, if substantially the same act or omission that constituted a 13 prior noncompliance of which notice was given recurs within six months, the landlord 14 may terminate the rental agreement upon at least five [10] days written notice to quit 15 specifying the breach and the date of termination of the rental agreement. 16 * Sec. 21. AS 34.03.220 is amended by adding a new subsection 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 * Sec. 22. AS 34.03.225 is amended by adding a new subsection to read: 20 (c) When, under (a) of this section, a mobile home park owner is required to 21 give notice to evict a mobile home owner or a mobile home park dweller or tenant, 22 provision of notice to quit under AS 09.45.100 - 09.45.105 satisfies the requirement 23 of notice. 24 * Sec. 23. AS 34.03.290(c) is amended to read: 25 (c) If the tenant remains in possession without the landlord's consent after 26 expiration of the term of the rental agreement or after its termination under (a) or (b) 27 of this section, the landlord may, after serving a notice to quit to the tenant under 28 AS 09.45.100 - 09.45.105, bring an action for possession and if the tenant's holdover 29 is wilful and not in good faith the landlord, in addition, may recover an amount not 30 to exceed one and one-half times the actual damages. If the landlord consents to the 31 tenant's continued occupancy, AS 34.03.020 applies.
01 * Sec. 24. AS 34.03.310(c) is amended to read: 02 (c) Notwithstanding (a) and (b) of this section, after serving a notice to quit 03 to the tenant under AS 09.45.100 - 09.45.105, a landlord may bring an action for 04 possession if 05 (1) the tenant is in default in rent; 06 (2) compliance with the applicable building or housing code requires 07 alteration, remodeling, or demolition that would effectively deprive the tenant of use 08 of the dwelling unit; 09 (3) the tenant is committing waste or a nuisance, or is using the 10 dwelling unit for an illegal purpose or for other than living or dwelling purposes in 11 violation of the rental agreement; 12 (4) the landlord seeks in good faith to recover possession of the 13 dwelling unit for personal purposes; 14 (5) the landlord seeks in good faith to recover possession of the 15 dwelling unit for the purpose of substantially altering, remodeling, or demolishing the 16 premises; 17 (6) the landlord seeks in good faith to recover possession of the 18 dwelling unit for the purpose of immediately terminating for at least six months use 19 of the dwelling unit as a dwelling unit; or 20 (7) the landlord has in good faith contracted to sell the property, and 21 the contract of sale contains a representation by the purchaser corresponding to (4), (5) 22 or (6) of this subsection. 23 * Sec. 25. AS 34.03.330(b) is amended to read: 24 (b) Unless created to avoid the application of this chapter, the following 25 arrangements are not governed by this chapter: 26 (1) residence at an institution, public or private, or in premises used 27 as temporary housing, public or private, if incidental to detention or the provision 28 of medical, geriatric, educational, counseling, religious, or similar services; 29 (2) occupancy under a contract of sale of a dwelling unit or the 30 property of which it is a part [,] if the occupant is the purchaser or a person who 31 succeeds to the interest of a purchaser;
01 (3) occupancy by a member of a fraternal or social organization in the 02 portion of a structure operated for the benefit of the organization; 03 (4) transient occupancy in a hotel, motel, lodgings, or other transient 04 facility; 05 (5) occupancy by an employee of a landlord whose right to occupancy 06 is conditioned upon employment substantially for services, maintenance, or repair to 07 the premises; 08 (6) occupancy by an owner of a condominium unit or a holder of a 09 proprietary lease in a cooperative; 10 (7) occupancy under a rental agreement covering premises used by the 11 occupant primarily for agricultural purposes. 12 * Sec. 26. AS 34.03 is amended by adding a new section to read: 13 Sec. 34.03.335. PROOF OF CERTAIN PROPERTY DAMAGE CLAIMS. In 14 an action initiated by a party to recover damages or to obtain other relief to which a 15 party may be entitled under this chapter, a premises condition statement and contents 16 inventory prepared under AS 34.03.020(e) is presumptive evidence of the condition of 17 the premises and its contents at the commencement of the term of the period of 18 occupancy covered by the rental agreement between the parties. Unless its authenticity 19 is rebutted by clear and convincing evidence by the party against whom the statement 20 and contents inventory is offered, the statement and contents inventory may be offered 21 by a party, without additional supporting evidence, as the basis on which to compute 22 the recovery of damages to which the party may be entitled under this chapter. 23 * Sec. 27. AS 34.03 is amended by adding a new section to read: 24 Sec. 34.03.345. MEDIATION. A landlord and a tenant may agree to mediate 25 disputes between them as to an obligation of either of them arising out of the rental 26 agreement. If the landlord and tenant agree to mediate disputes, they shall include the 27 scope of the agreement within the executed rental agreement, incorporate a reference 28 to that agreement within the rental agreement, or add the text of the agreement as a 29 separate attachment to the rental agreement. 30 * Sec. 28. AS 34.03.360 is amended by adding new paragraphs to read: 31 (19) "illegal activity involving alcoholic beverages" means a person's
01 delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the 02 results of a local option election have, under AS 04.11.490 - 04.11.500, prohibited the 03 Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor 04 license or permit under AS 04; 05 (20) "illegal activity involving a controlled substance" means a 06 violation of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), 07 (2), or (5); 08 (21) "illegal activity involving an imitation controlled substance" means 09 a violation of AS 11.73.010 - 11.73.030; 10 (22) "illegal activity involving a place of prostitution" means a violation 11 of AS 11.66.120(a)(1) or 11.66.130(a)(1) or (4); 12 (23) "prostitution" means an act in violation of AS 11.66.100. 13 * Sec. 29. AS 34.05 is amended by adding a new section to read: 14 ARTICLE 3. ILLEGAL ACTIVITIES IN PREMISES NOT 15 SUBJECT TO UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. 16 Sec. 34.05.100. TENANT RESPONSIBILITIES IN PREMISES NOT 17 SUBJECT TO AS 34.03. (a) In rented premises other than premises to which the 18 provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises 19 in prostitution, an illegal activity involving a place of prostitution, an illegal activity 20 involving alcoholic beverages, an illegal activity involving a controlled substance, or 21 an illegal activity involving an imitation controlled substance, or knowingly permit 22 others in the premises to engage in one or more of those activities at the rental 23 premises. 24 (b) If there is noncompliance with (a) of this section, a person may seek relief 25 under AS 09.50.170 - 09.50.240. 26 (c) An order of abatement entered by a court under AS 09.50.210 against 27 premises under this section terminates a rental agreement on the premises subject to 28 the order of abatement. 29 (d) In this section, 30 (1) "illegal activity involving alcoholic beverages," "illegal activity 31 involving a controlled substance," "illegal activity involving an imitation controlled
01 substance," "illegal activity involving a place of prostitution," and "prostitution" have 02 the meanings given in AS 34.03.360; 03 (2) "premises" means a structure or the structure of which it is a part, 04 and facilities and appurtenances in it, and grounds, areas, and facilities held out for the 05 use of persons entitled to possession under an agreement that relates to its use. 06 * Sec. 30. AS 34.03.360(18) is repealed. 07 * Sec. 31. AS 09.45.125, added by sec. 5 of this Act, allowing orders to vacate and writs 08 of assistance to issue at the same time as the entry of judgment or at any later date, has the 09 effect of amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the 10 Alaska District Court Rules of Civil Procedure by eliminating the respective periods of 11 automatic stays of enforcement upon judgment for orders to vacate premises. 12 * Sec. 32. AS 09.45.125, added by sec. 5 of this Act, takes effect only if sec. 31 of this 13 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 14 Constitution of the State of Alaska.