SB 155: "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."
00SENATE BILL NO. 155 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 within five days the rent due on the 14 lease or agreement under which the tenant or person holds, or fails to deliver 15 up the possession of the premises within five [FOR 10] days after demand 16 made in writing for the possession; for premises to which the provisions of 17 AS 34.03 (Uniform Residential Landlord and Tenant Act) apply, notice 18 provided under AS 34.03.220(b) by the person seeking to recover 19 possession of the premises satisfies the notice requirements of this 20 subparagraph; or 21 (B) violates AS 34.03.120(b) or AS 34.05.100(a) and, after a 22 notice to quit as provided in AS 09.45.100, the tenant or person in 23 possession of the premises fails or refuses to deliver up the possession of 24 the premises within five days after demand made in writing for the 25 possession; 26 (2) when, after a notice to quit as provided in AS 09.45.100 27 [AS 09.45.060 - 09.45.160], a person continues in the possession of the premises 28 (A) at the expiration of the time limited in the lease or 29 agreement under which that person holds; 30 (B) [, OR] contrary to a condition or covenant in the lease or 31 agreement, including the breach of a condition or covenant set out in
01 AS 34.03.120(a) but not including the breach of a condition or covenant to 02 which (1) of this section applies; or 03 (C) without a written lease or agreement; 04 (3) when, after a notice to terminate the tenancy as provided in this title 05 with reference to termination of estate at will or by sufferance or after receipt of an 06 order of abatement under AS 09.50.210(a), a person continues in possession of the 07 premises after expiration of the time for determining the tenancy. 08 * Sec. 3. AS 09.45.100 is amended to read: 09 Sec. 09.45.100. REQUISITES OF NOTICE TO QUIT. A notice to quit shall 10 be in writing and shall be served upon the tenant or person in possession by being 11 (1) delivered to the tenant or person; 12 (2) [OR] left at the premises in case of absence from the premises; [,] 13 or 14 (3) [THE NOTICE MAY BE] sent by registered or certified mail [, IN 15 WHICH CASE AN ADDITIONAL THREE DAYS SHALL BE ADDED TO THE 10 16 DAYS]. 17 * Sec. 4. AS 09.45.100 is amended by adding a new subsection to read: 18 (b) If notice is provided by mail under (a)(3) of this section, an additional 19 three days shall be added 20 (1) to the five days' notice if, 21 (A) under AS 09.45.090(1)(A), the tenant or person in 22 possession of the premises fails or refuses to pay the rent due on the lease or 23 agreement under which the tenant holds or deliver up the possession of the 24 premises; or 25 (B) under AS 09.45.090(1)(B), the tenant or person in 26 possession of the premises fails or refuses to deliver up the possession of the 27 premises; or 28 (2) to the required number of days of notice if notice to quit is given 29 for a reason other than that set out in AS 09.45.090(1). 30 * Sec. 5. AS 09.45.110 is amended to read: 31 Sec. 09.45.110. PERIOD BETWEEN SERVICE OF NOTICE AND ACTION
01 BROUGHT. An action for the recovery of the possession of the premises may be 02 maintained 03 (1) in [THE] cases specified in AS 09.45.090(2)(A), [AS 09.45.090(2)] 04 when the notice to quit has been served upon the tenant or person in possession for the 05 period of five [10] days before the commencement of the action unless the leasing or 06 occupation is for the purpose of farming or agriculture, in which case the notice shall 07 be served 90 days before commencement of the action; and 08 (2) in cases specified in AS 09.45.090(2)(B) and (C), when the notice 09 to quit has been served upon the tenant or person in possession before the 10 commencement of the action. 11 * Sec. 6. AS 09.45 is amended by adding a new section to read: 12 Sec. 09.45.125. ORDER. If, after trial, the court finds and enters judgment 13 against the tenant or person in possession, the court shall enter an order to vacate 14 directed to the tenant or person in possession and, at the request of the person 15 recovering possession of the premises, at the same time or at any later date may issue 16 a writ of assistance to a peace officer to secure that officer's assistance in serving and 17 enforcing the order to vacate. 18 * Sec. 7. AS 09.45 is amended by adding a new section to read: 19 Sec. 09.45.135. ACTION AGAINST TENANT OCCUPYING PREMISES 20 ABATED AS NUISANCE. In an action under AS 09.45.060 - 09.45.160 against a 21 tenant or person in possession of premises for which an order of abatement has been 22 entered under AS 09.50.210(a), a certified copy of the order of abatement is prima 23 facie evidence of unlawful holding of the premises by force by a person who remains 24 on the premises. 25 * Sec. 8. AS 09.50.170 is amended to read: 26 Sec. 09.50.170. ABATEMENT OF PLACES USED FOR CERTAIN ACTS 27 [IMMORAL ACT]. A person who erects, establishes, continues, maintains, uses, 28 owns, or leases a building, structure, or other place used for one of the following 29 activities [THE PURPOSES OF LEWDNESS, ASSIGNATION, OR PROSTITUTION 30 OR ANY OTHER IMMORAL ACT] is guilty of maintaining a nuisance, and the 31 building, structure, or place, or the ground itself in or upon which or in any part of
01 which the activity [LEWDNESS, ASSIGNATION, OR PROSTITUTION] is 02 conducted, permitted, [OR] carried on, continues, or exists, and its [THE] furniture, 03 fixtures, and other contents, constitute a nuisance and may be enjoined and abated: 04 (1) prostitution; or 05 (2) an illegal activity involving 06 (A) alcoholic beverages; 07 (B) a controlled substance; or 08 (C) an imitation controlled substance. 09 * Sec. 9. 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," and "illegal activity involving an imitation 12 controlled substance" have the meaning 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), the court may consider evidence of 16 reputation within a community to prove the existence of a nuisance. 17 * Sec. 11. AS 09.50.210 is amended to read: 18 Sec. 09.50.210. ORDER OF ABATEMENT. (a) If the court finds and 19 enters [UPON] judgment that a nuisance exists, the court shall enter an order of 20 abatement. The order of abatement must direct 21 (1) termination of the lease or rental agreement, if any, on the 22 premises subject to the order of abatement, if the tenant who occupies under the 23 lease or rental agreement has been given notice of the proceedings under 24 AS 09.50.170 - 09.50.240; 25 (2) [SHALL BE ENTERED DIRECTING] the removal from the 26 building or place of the fixtures, furniture, and movable property used in the nuisance 27 and their sale in the manner provided for the sale of chattels under execution; 28 (3) [. THE ORDER SHALL ALSO DIRECT] the closing of the 29 building or place against its use for any purpose for a period of one year unless sooner 30 released. 31 (b) A person who breaks and enters or uses a building, structure, or other
01 place [SO] directed to be closed by an order entered under (a)(3) of this section is 02 guilty of contempt and shall be punished for contempt as provided in AS 09.50.200. 03 * Sec. 12. AS 09.50.230 is amended to read: 04 Sec. 09.50.230. RELEASE OF PREMISES TO OWNER. (a) The court may 05 order premises abated under AS 09.50.210 delivered to the owner and cancel the 06 order of abatement if [IF] the owner of the premises 07 (1) has not been guilty of a contempt in the proceedings; 08 (2) [, AND] appears and pays all costs, fees, and allowances that 09 [WHICH] are a lien on the premises; [,] and 10 (3) files a bond with sureties approved by the court in an amount 11 [THE FULL VALUE OF THE PROPERTY AS] determined by the court to the effect 12 that the owner will abate the nuisance that exists at the building or place and prevent 13 the nuisance from being established within a period of one year thereafter [, THE 14 COURT MAY ORDER THE PREMISES TO BE DELIVERED TO THE OWNER 15 AND CANCEL THE ORDER OF ABATEMENT]. 16 (b) The lease of the property does not release it from a judgment, lien, penalty, 17 or liability to which it may be subject by law. 18 (c) A cancellation of the order of abatement does not affect a termination 19 of a lease or rental agreement made under AS 09.50.210(a)(1). 20 * Sec. 13. AS 17.30 is amended by adding a new section to read: 21 Sec. 17.30.160. NOTICE TO LANDLORD FOLLOWING ARREST. (a) A 22 peace officer who arrests a person for illegal activity involving a controlled substance 23 or illegal activity involving an imitation controlled substance on premises that the 24 peace officer believes are occupied by a person who is not the owner of the premises 25 shall 26 (1) make a reasonable attempt to discover the identity of the owner of 27 the premises; and 28 (2) notify the owner of the person's arrest 29 (A) in person; or 30 (B) in writing, at the last address listed on the assessment roll 31 maintained by the municipality under AS 29.45.160 if the premises are located
01 within a municipality that levies and collects a property tax; if an address is not 02 available, notice of the person's arrest may be sent to the property owner at 03 any other address known to the peace officer. 04 (b) In this section, "illegal activity involving a controlled substance" and 05 "illegal activity involving an imitation controlled substance" have the meanings given 06 in AS 34.03.360. 07 * Sec. 14. AS 34.03.020 is amended by adding a new subsection to read: 08 (e) If required by the landlord, the landlord and the tenant shall include within 09 the rental agreement, incorporate by reference in the rental agreement, or add as a 10 separate attachment to the rental agreement a premises condition statement, setting out 11 the condition of the premises, including fixtures but excluding reference to any of the 12 other contents of the premises, and, if applicable, a contents inventory itemizing or 13 describing all of the furnishings and other contents of the premises and specifying the 14 condition of each of them. In the premises condition statement and contents inventory, 15 the parties shall describe the premises and its contents at the commencement of the 16 term of the period of the occupancy covered by the rental agreement. When signed 17 by the parties, the premises condition statement and contents inventory completed 18 under this subsection become part of the rental agreement. 19 * Sec. 15. AS 34.03.070(b) is amended to read: 20 (b) Upon termination of the tenancy, property or money held by the landlord 21 as prepaid rent or as a security deposit may be applied to the payment of accrued rent 22 and the amount of damages that the landlord has suffered by reason of the tenant's 23 noncompliance with AS 34.03.120. ["DAMAGES" DOES NOT INCLUDE WEAR 24 RESULTING FROM ORDINARY USE OF THE PREMISES.] The accrued rent and 25 damages must be itemized by the landlord in a written notice mailed to the tenant's 26 last known address within the time limit prescribed by (g) of this section, together with 27 the amount due the tenant. In this subsection, "damages" 28 (1) means deterioration of the premises and, if applicable, of the 29 contents of the premises; 30 (2) does not include deterioration 31 (A) that is the result of the tenant's use of the premises by
01 normal, nonabusive living; 02 (B) caused by the landlord's failure to prepare for expected 03 conditions or by the landlord's failure to comply with an obligation of the 04 landlord imposed by this chapter. 05 * Sec. 16. AS 34.03.090 is amended by adding a new subsection to read: 06 (b) As a condition of delivery of possession of the premises to the tenant, the 07 landlord may require the tenant to acknowledge or verify by the tenant's signature the 08 accuracy of the premises condition statement and contents inventory prepared under 09 AS 34.03.020(e). Before requiring the tenant's signature, the landlord shall first advise 10 the tenant that the premises condition statement and contents inventory 11 (1) may be used by the landlord as the basis 12 (A) to determine whether prepaid rent or a security deposit shall 13 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. 17. AS 34.03.110(a) is amended to read: 22 (a) Unless otherwise agreed, a landlord who conveys premises that include a 23 dwelling unit subject to a rental agreement in a good faith sale to a bona fide 24 purchaser is relieved of liability under the rental agreement and this chapter as to 25 events occurring subsequent to written notice to the tenant of the conveyance. 26 However, 27 (1) the landlord remains liable to the tenant for the property and money 28 to which the tenant is entitled under AS 34.03.070, unless the property and money are 29 specifically assigned to and accepted by the purchaser; and 30 (2) the provisions of 31 (A) a premises condition statement prepared under
01 AS 34.03.020(e) between the landlord and the tenant remains valid as 02 between the purchaser and the tenant until a new premises condition 03 statement is entered into between the purchaser and the tenant; and 04 (B) a contents inventory prepared under AS 34.03.020(e) 05 between the landlord and the tenant remains valid as between the 06 purchaser and the tenant for the contents remaining on the premises after 07 the conveyance of the premises until a new contents inventory is entered 08 into between the purchaser and the tenant. 09 * Sec. 18. AS 34.03.120 is amended to read: 10 Sec. 34.03.120. TENANT TO MAINTAIN DWELLING UNIT. The tenant 11 shall 12 (1) keep that part of the premises occupied and used by the tenant as 13 clean and safe as the condition of the premises permit; 14 (2) dispose all ashes, rubbish, garbage, and other waste from the 15 dwelling unit in a clean and safe manner; 16 (3) keep all plumbing fixtures in the dwelling unit or used by the tenant 17 as clean as their condition permits; 18 (4) use in an ordinary, nonabusive [A REASONABLE] manner all 19 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 20 facilities and appliances including elevators in the premises; 21 (5) not [DELIBERATELY OR NEGLIGENTLY] destroy, deface, 22 damage, impair, or remove a part of the premises or knowingly permit any person to 23 do so; 24 (6) not [UNREASONABLY] disturb, or permit others on the premises 25 with the tenant's consent to [UNREASONABLY] disturb, a neighbor's peaceful 26 enjoyment of the premises; and 27 (7) maintain smoke detection devices as required under AS 18.70.095. 28 * Sec. 19. AS 34.03.120 is amended by adding a new subsection to read: 29 (b) The tenant may not knowingly engage at the premises in an illegal activity 30 involving alcoholic beverages, an illegal activity involving a controlled substance, or 31 an illegal activity involving an imitation controlled substance, or knowingly permit
01 others in the premises to engage in one or more of those activities at the rental 02 premises. 03 * Sec. 20. AS 34.03.220(a) is amended to read: 04 (a) Except as provided in this chapter, if there is [A MATERIAL] 05 noncompliance by the tenant with the rental agreement or noncompliance with 06 AS 34.03.120(a) [AS 34.03.120 MATERIALLY AFFECTING HEALTH AND 07 SAFETY], the landlord may deliver a written notice to the tenant specifying the acts 08 and omissions constituting the breach and specifying that the rental agreement will 09 terminate 24 hours [UPON A DATE NOT LESS THAN 20 DAYS] after receipt of 10 the notice. If the breach is remediable by repairs or the payment of damages or 11 otherwise and the tenant remedies the breach to the satisfaction of the landlord 12 before the date specified in the notice, the rental agreement will not terminate. 13 If the breach is not remedied [IN 10 DAYS], the rental agreement terminates as 14 provided in the notice, and at that time the landlord may serve a notice under 15 AS 09.45.100 to quit the premises [SUBJECT TO THE PROVISIONS OF THIS 16 SECTION. IF THE BREACH IS REMEDIABLE BY REPAIRS OR THE PAYMENT 17 OF DAMAGES OR OTHERWISE AND THE TENANT ADEQUATELY REMEDIES 18 THE BREACH BEFORE THE DATE SPECIFIED IN THE NOTICE, THE RENTAL 19 AGREEMENT WILL NOT TERMINATE. IN THE ABSENCE OF DUE CARE BY 20 THE TENANT, IF SUBSTANTIALLY THE SAME ACT OR OMISSION THAT 21 CONSTITUTED A PRIOR NONCOMPLIANCE OF WHICH NOTICE WAS GIVEN 22 RECURS WITHIN SIX MONTHS, THE LANDLORD MAY TERMINATE THE 23 RENTAL AGREEMENT UPON AT LEAST 10 DAYS WRITTEN NOTICE 24 SPECIFYING THE BREACH AND THE DATE OF TERMINATION OF THE 25 RENTAL AGREEMENT]. 26 * Sec. 21. AS 34.03.220(b) is amended to read: 27 (b) If rent is unpaid when due and the tenant fails to pay rent within five [10] 28 days after written notice by the landlord of nonpayment and the intention to terminate 29 the rental agreement if the rent is not paid within that period of time, the tenancy 30 terminates unless the landlord agrees to allow the tenant to remain in occupancy, and 31 the landlord may terminate the rental agreement and immediately recover possession
01 of the rental unit; only one written notice of default need be given the tenant by the 02 landlord as to any one default. 03 * Sec. 22. AS 34.03.220 is amended by adding a new subsection to read: 04 (d) An order of abatement entered by a court under AS 09.50.170 terminates 05 a rental agreement on the premises subject to the order of abatement. 06 * Sec. 23. AS 34.03 is amended by adding a new subsection to read: 07 Sec. 34.03.335. PROOF OF BASIS IN CERTAIN PROPERTY DAMAGE 08 CLAIMS. In an action initiated by a party to recover damages or to obtain other relief 09 to which a party may be entitled under this chapter, a premises condition statement and 10 contents inventory prepared under AS 34.03.020(e) is presumptive evidence of the 11 condition of the premises and its contents at the commencement of the term of the 12 period of occupancy covered by the rental agreement between the parties. Unless its 13 authenticity is rebutted by clear and convincing evidence by the party against whom 14 the statement and contents inventory is offered, the statement and contents inventory 15 may be offered by a party, without additional supporting evidence, as the basis on 16 which to compute the recovery of damages to which the party may be entitled under 17 this chapter. 18 * Sec. 24. AS 34.03.360 is amended by adding new paragraphs to read: 19 (19) "illegal activity involving alcoholic beverages" means a person's 20 delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the 21 results of a local option election have, under AS 04.11.490 - 04.11.500, prohibited the 22 Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor 23 license or permit under AS 04; 24 (20) "illegal activity involving a controlled substance" means a 25 violation of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), 26 (2), or (5); 27 (21) "illegal activity involving an imitation controlled substance" means 28 a violation of AS 11.73.010 - 11.73.030. 29 * Sec. 25. AS 34.05 is amended by adding a new section to read: 30 ARTICLE 3. ILLEGAL ACTIVITIES IN NONRESIDENTIAL PREMISES. 31 Sec. 34.05.100. TENANT RESPONSIBILITIES IN PREMISES OTHER
01 THAN DWELLING UNITS. (a) In rented premises other than premises to which the 02 provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises 03 in an illegal activity involving alcoholic beverages, an illegal activity involving a 04 controlled substance, or an illegal activity involving an imitation controlled substance, 05 or knowingly permit others in the premises to engage in one or more of those activities 06 at the rental premises. 07 (b) If there is noncompliance with (a) of this section, a person may seek relief 08 under AS 09.50.170 - 09.50.240. 09 (c) An order of abatement entered by a court under AS 09.50.210 against 10 premises under this section terminates a rental agreement on the premises subject to 11 the order of abatement. 12 (d) In this section, "dwelling unit," "illegal activity involving alcoholic 13 beverages," "illegal activity involving a controlled substance," and "illegal activity 14 involving an imitation controlled substance" have the meanings given in AS 34.03.360. 15 * Sec. 26. AS 34.03.360(18) is repealed.