CSSB 155(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; amending Alaska Rules of Civil Procedure 40(e)(1) and (2) and 85(a)(3); 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 SENATE BILL NO. 155(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; amending Alaska Rules of Civil Procedure 40(e)(1) and (2) and 85(a)(3); 06 and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) 07 of the Alaska District Court Rules of Civil Procedure." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.21 is amended by adding a new section to read: 10 Sec. 04.21.075. NOTICE TO LANDLORD FOLLOWING ARREST. (a) A 11 peace officer who arrests a person for illegal activity involving alcoholic beverages on 12 premises that the peace officer believes are occupied by a person who is not the owner 13 of the premises shall 14 (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 alcoholic beverages" has the 10 meaning given in AS 34.03.360. 11 * Sec. 2. AS 09.45.090 is amended to read: 12 Sec. 09.45.090. UNLAWFUL HOLDING BY FORCE. The following are 13 cases of unlawful holding by force within the meaning of AS 09.45.060 - 09.45.160: 14 (1) when the tenant or person in possession of a premises 15 (A) fails or refuses to pay within five days the rent due on the 16 lease or agreement under which the tenant or person holds, or fails to deliver 17 up the possession of the premises within five [FOR 10] days after demand 18 made in writing for the possession; for premises to which the provisions of 19 AS 34.03 (Uniform Residential Landlord and Tenant Act) apply, notice 20 provided under AS 34.03.220(b) by the person seeking to recover 21 possession of the premises satisfies the notice requirements of this 22 subparagraph; or 23 (B) violates AS 34.03.120(b) or AS 34.05.100(a) and, after a 24 notice to quit as provided in AS 09.45.100, the tenant or person in 25 possession of the premises fails or refuses to deliver up the possession of 26 the premises within five days after demand made in writing for the 27 possession; 28 (2) when, after a notice to quit as provided in AS 09.45.100 29 [AS 09.45.060 - 09.45.160], a person continues in the possession of the premises 30 (A) at the expiration of the time limited in the lease or 31 agreement under which that person holds;
01 (B) [, OR] contrary to a condition or covenant in the lease or 02 agreement, including the breach of a condition or covenant set out in 03 AS 34.03.120(a)(1) - (7) but not including the breach of a condition or 04 covenant to which (1) of this section applies; for premises to which the 05 provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act) 06 apply, notwithstanding AS 09.45.110, the notice requirements of this 07 subparagraph are satisfied 08 (i) by the notice provided under AS 34.03.220(e) by 09 the person seeking to recover possession of the premises to a tenant 10 who has filed to pay utility services if the utility has discontinued 11 service; 12 (ii) by the notice provided under AS 34.03.220(f) by 13 the person seeking to recover possession of the premises to a tenant 14 who has breached the obligation imposed by AS 34.03.120(a)(8); or 15 (C) without a written lease or agreement; 16 (3) when, after a notice to terminate the tenancy as provided in this title 17 with reference to termination of estate at will or by sufferance or after receipt of an 18 order of abatement under AS 09.50.210(a), a person continues in possession of the 19 premises after expiration of the time for determining the tenancy. 20 * Sec. 3. AS 09.45.100 is amended to read: 21 Sec. 09.45.100. REQUISITES OF NOTICE TO QUIT. A notice to quit shall 22 be in writing and shall be served upon the tenant or person in possession by being 23 (1) delivered to the tenant or person; 24 (2) [OR] left at the premises in case of absence from the premises; [,] 25 or 26 (3) [THE NOTICE MAY BE] sent by registered or certified mail [, IN 27 WHICH CASE AN ADDITIONAL THREE DAYS SHALL BE ADDED TO THE 10 28 DAYS]. 29 * Sec. 4. AS 09.45.100 is amended by adding a new subsection to read: 30 (b) If notice is provided by mail under (a)(3) of this section, an additional 31 three days shall be added
01 (1) to the five days' notice if, 02 (A) under AS 09.45.090(1)(A), the tenant or person in 03 possession of the premises fails or refuses to pay the rent due on the lease or 04 agreement under which the tenant holds or deliver up the possession of the 05 premises; or 06 (B) under AS 09.45.090(1)(B), the tenant or person in 07 possession of the premises fails or refuses to deliver up the possession of the 08 premises; or 09 (2) to the required number of days of notice if notice to quit is given 10 for a reason other than that set out in AS 09.45.090(1). 11 * Sec. 5. AS 09.45.110 is amended to read: 12 Sec. 09.45.110. PERIOD BETWEEN SERVICE OF NOTICE AND ACTION 13 BROUGHT. An action for the recovery of the possession of the premises may be 14 maintained 15 (1) in [THE] cases specified in AS 09.45.090(2)(A), [AS 09.45.090(2)] 16 when the notice to quit has been served upon the tenant or person in possession for the 17 period of five [10] days before the commencement of the action unless the leasing or 18 occupation is for the purpose of farming or agriculture, in which case the notice shall 19 be served 90 days before commencement of the action; and 20 (2) in cases specified in AS 09.45.090(2)(B) and (C), when the notice 21 to quit has been served upon the tenant or person in possession before the 22 commencement of the action. 23 * Sec. 6. AS 09.45.120 is amended to read: 24 Sec. 09.45.120. SUMMONS AND CONTINUANCE. Summons in actions for 25 forcible entry and detainer shall be served not less than two [NOR MORE THAN 26 FOUR] days before the date of trial. A [NO] continuance may not [SHALL] be 27 granted for a longer period than two days unless the defendant applying for the 28 continuance gives an undertaking to the adverse party, with sureties approved by the 29 court conditioned to the payment of the rent that may accrue if judgment is rendered 30 against the defendant. 31 * Sec. 7. AS 09.45.120 is repealed and reenacted to read:
01 Sec. 09.45.120. SUMMONS AND CONTINUANCE. Summons in actions for 02 forcible entry and detainer shall be served not less than two days before the date of 03 trial. Except when a continuance is required by AS 34.03.345, a continuance may not 04 be granted for a longer period than two days unless the defendant applying for the 05 continuance gives an undertaking to the adverse party, with sureties approved by the 06 court conditioned to the payment of the rent that may accrue if judgment is rendered 07 against the defendant. 08 * Sec. 8. AS 09.45 is amended by adding a new section to read: 09 Sec. 09.45.125. ORDER. If, after trial, the court finds and enters judgment 10 against the tenant or person in possession, the court shall enter an order to vacate 11 directed to the tenant or person in possession and, at the request of the person 12 recovering possession of the premises, at the same time or at any later date may issue 13 a writ of assistance to a peace officer to secure that officer's assistance in serving and 14 enforcing the order to vacate. 15 * Sec. 9. AS 09.45 is amended by adding a new section to read: 16 Sec. 09.45.135. ACTION AGAINST TENANT OCCUPYING PREMISES 17 ABATED AS NUISANCE. In an action under AS 09.45.060 - 09.45.160 against a 18 tenant or person in possession of premises for which an order of abatement has been 19 entered under AS 09.50.210(a), a certified copy of the order of abatement is prima 20 facie evidence of unlawful holding of the premises by force by a person who remains 21 on the premises. 22 * Sec. 10. AS 09.50.170 is amended to read: 23 Sec. 09.50.170. ABATEMENT OF PLACES USED FOR CERTAIN ACTS 24 [IMMORAL ACT]. A person who erects, establishes, continues, maintains, uses, 25 owns, or leases a building, structure, or other place used for one of the following 26 activities [THE PURPOSES OF LEWDNESS, ASSIGNATION, OR PROSTITUTION 27 OR ANY OTHER IMMORAL ACT] is guilty of maintaining a nuisance, and the 28 building, structure, or place, or the ground itself in or upon which or in any part of 29 which the activity [LEWDNESS, ASSIGNATION, OR PROSTITUTION] is 30 conducted, permitted, [OR] carried on, continues, or exists, and its [THE] furniture, 31 fixtures, and other contents, constitute a nuisance and may be enjoined and abated:
01 (1) prostitution; 02 (2) an illegal activity involving a place of prostitution; or 03 (3) an illegal activity involving 04 (A) alcoholic beverages; 05 (B) a controlled substance; or 06 (C) an imitation controlled substance. 07 * Sec. 11. AS 09.50.170 is amended by adding a new subsection to read: 08 (b) In this section, "illegal activity involving alcoholic beverages," "illegal 09 activity involving a controlled substance," "illegal activity involving an imitation 10 controlled substance," "illegal activity involving a place of prostitution" and 11 "prostitution" have the meanings given in AS 34.03.360. 12 * Sec. 12. AS 09.50 is amended by adding a new section to read: 13 Sec. 09.50.175. ADMISSIBILITY OF EVIDENCE TO PROVE NUISANCE. 14 In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the 15 court may consider 16 (1) evidence of reputation within a community; 17 (2) evidence derived from records of the courts of the state or of the 18 United States that relate to previous complaints concerning alleged violations of, and 19 to arrests for or convictions of violations of, laws based on activity set out in 20 AS 09.50.170. 21 * Sec. 13. AS 09.50.210 is amended to read: 22 Sec. 09.50.210. ORDER OF ABATEMENT. (a) If the court finds and 23 enters [UPON] judgment that a nuisance exists, the court shall enter an order of 24 abatement. The order of abatement must direct 25 (1) termination of the lease or rental agreement, if any, on the 26 premises subject to the order of abatement, if the tenant who occupies under the 27 lease or rental agreement has been given notice of the proceedings under 28 AS 09.50.170 - 09.50.240; 29 (2) [SHALL BE ENTERED DIRECTING] the removal from the 30 building or place of the fixtures, furniture, and movable property used in the nuisance 31 and their sale in the manner provided for the sale of chattels under execution;
01 (3) [. THE ORDER SHALL ALSO DIRECT] the closing of the 02 building or place against its use for any purpose for a period of one year unless sooner 03 released. 04 (b) A person who breaks and enters or uses a building, structure, or other 05 place [SO] directed to be closed by an order entered under (a)(3) of this section is 06 guilty of contempt and shall be punished for contempt as provided in AS 09.50.200. 07 * Sec. 14. AS 09.50.230 is amended to read: 08 Sec. 09.50.230. RELEASE OF PREMISES TO OWNER. (a) The court may 09 order premises abated under AS 09.50.210 delivered to the owner and cancel the 10 order of abatement if [IF] the owner of the premises 11 (1) has not been guilty of a contempt in the proceedings; 12 (2) [, AND] appears and pays all costs, fees, and allowances that 13 [WHICH] are a lien on the premises; [,] and 14 (3) files a bond with sureties approved by the court in an amount 15 [THE FULL VALUE OF THE PROPERTY AS] determined by the court to the effect 16 that the owner will abate the nuisance that exists at the building or place and prevent 17 the nuisance from being established within a period of one year thereafter [, THE 18 COURT MAY ORDER THE PREMISES TO BE DELIVERED TO THE OWNER 19 AND CANCEL THE ORDER OF ABATEMENT]. 20 (b) The lease of the property does not release it from a judgment, lien, penalty, 21 or liability to which it may be subject by law. 22 (c) A cancellation of the order of abatement does not affect a termination 23 of a lease or rental agreement made under AS 09.50.210(a)(1). 24 * Sec. 15. AS 17.30 is amended by adding a new section to read: 25 Sec. 17.30.160. NOTICE TO LANDLORD FOLLOWING ARREST. (a) A 26 peace officer who arrests a person for illegal activity involving a controlled substance 27 or illegal activity involving an imitation controlled substance on premises that the 28 peace officer believes are occupied by a person who is not the owner of the premises 29 shall 30 (1) make a reasonable attempt to discover the identity of the owner of 31 the premises; and
01 (2) notify the owner of the person's arrest 02 (A) in person; or 03 (B) in writing, at the last address listed on the assessment roll 04 maintained by the municipality under AS 29.45.160 if the premises are located 05 within a municipality that levies and collects a property tax; if an address is not 06 available, notice of the person's arrest may be sent to the property owner at 07 any other address known to the peace officer. 08 (b) In this section, "illegal activity involving a controlled substance" and 09 "illegal activity involving an imitation controlled substance" have the meanings given 10 in AS 34.03.360. 11 * Sec. 16. AS 34.03.020(a) is amended to read: 12 (a) The landlord and tenant may include in a rental agreement clauses and 13 conditions not prohibited by this chapter or by law, including rent, terms of agreement, 14 mediation of disputes between them under AS 34.03.345, and other provisions 15 governing the rights and obligations of the parties. 16 * Sec. 17. AS 34.03.020 is amended by adding a new subsection to read: 17 (e) If required by the landlord, the landlord and the tenant shall include within 18 the rental agreement, incorporate by reference in the rental agreement, or add as a 19 separate attachment to the rental agreement a premises condition statement, setting out 20 the condition of the premises, including fixtures but excluding reference to any of the 21 other contents of the premises, and, if applicable, a contents inventory itemizing or 22 describing all of the furnishings and other contents of the premises and specifying the 23 condition of each of them. In the premises condition statement and contents inventory, 24 the parties shall describe the premises and its contents at the commencement of the 25 term of the period of the occupancy covered by the rental agreement. When signed 26 by the parties, the premises condition statement and contents inventory completed 27 under this subsection become part of the rental agreement. 28 * Sec. 18. AS 34.03.070(a) is amended to read: 29 (a) A landlord may not demand or receive prepaid rent or a security deposit, 30 however denominated, in an amount or value in excess of three [TWO] months' 31 periodic rent. This subsection does not apply to a rental unit if the rent exceeds
01 $1,000 a month. 02 * Sec. 19. AS 34.03.070(b) is amended to read: 03 (b) Upon termination of the tenancy, property or money held by the landlord 04 as prepaid rent or as a security deposit may be applied to the payment of accrued rent 05 and the amount of damages that the landlord has suffered by reason of the tenant's 06 noncompliance with AS 34.03.120. ["DAMAGES" DOES NOT INCLUDE WEAR 07 RESULTING FROM ORDINARY USE OF THE PREMISES.] The accrued rent and 08 damages must be itemized by the landlord in a written notice mailed to the tenant's 09 last known address within the time limit prescribed by (g) of this section, together with 10 the amount due the tenant. In this subsection, "damages" 11 (1) means deterioration of the premises and, if applicable, of the 12 contents of the premises; 13 (2) does not include deterioration 14 (A) that is the result of the tenant's use of the premises by 15 normal, nonabusive living; 16 (B) caused by the landlord's failure to prepare for expected 17 conditions or by the landlord's failure to comply with an obligation of the 18 landlord imposed by this chapter. 19 * Sec. 20. AS 34.03.090 is amended by adding a new subsection to read: 20 (b) As a condition of delivery of possession of the premises to the tenant, the 21 landlord may require the tenant to acknowledge or verify by the tenant's signature the 22 accuracy of the premises condition statement and contents inventory prepared under 23 AS 34.03.020(e). Before requiring the tenant's signature, the landlord shall first advise 24 the tenant that the premises condition statement and contents inventory 25 (1) may be used by the landlord as the basis 26 (A) to determine whether prepaid rent or a security deposit shall 27 be applied to the payment of damages to the premises when authorized by 28 AS 34.03.070(b); and 29 (B) to compute the recovery of other damages to which the 30 parties may be entitled under this chapter; and 31 (2) is, in an action initiated by a party to recover damages or to obtain
01 other relief to which a party may be entitled under this chapter, presumptive evidence 02 of the condition of the premises and its contents at the commencement of the term of 03 the period of occupancy covered by the rental agreement. 04 * Sec. 21. AS 34.03.110(a) is amended to read: 05 (a) Unless otherwise agreed, a landlord who conveys premises that include a 06 dwelling unit subject to a rental agreement in a good faith sale to a bona fide 07 purchaser is relieved of liability under the rental agreement and this chapter as to 08 events occurring subsequent to written notice to the tenant of the conveyance. 09 However, 10 (1) the landlord remains liable to the tenant for the property and money 11 to which the tenant is entitled under AS 34.03.070, unless the property and money are 12 specifically assigned to and accepted by the purchaser; and 13 (2) the provisions of 14 (A) a premises condition statement prepared under 15 AS 34.03.020(e) between the landlord and the tenant remains valid as 16 between the purchaser and the tenant until a new premises condition 17 statement is entered into between the purchaser and the tenant; and 18 (B) a contents inventory prepared under AS 34.03.020(e) 19 between the landlord and the tenant remains valid as between the 20 purchaser and the tenant for the contents remaining on the premises after 21 the conveyance of the premises until a new contents inventory is entered 22 into between the purchaser and the tenant. 23 * Sec. 22. AS 34.03.120 is amended to read: 24 Sec. 34.03.120. TENANT OBLIGATIONS [TO MAINTAIN DWELLING 25 UNIT]. The tenant [SHALL] 26 (1) shall keep that part of the premises occupied and used by the tenant 27 as clean and safe as the condition of the premises permit; 28 (2) shall dispose all ashes, rubbish, garbage, and other waste from the 29 dwelling unit in a clean and safe manner; 30 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 31 tenant as clean as their condition permits;
01 (4) shall use in an ordinary, [A REASONABLE] manner all 02 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 03 facilities and appliances including elevators in the premises; 04 (5) may not [DELIBERATELY OR NEGLIGENTLY] destroy, deface, 05 damage, impair, or remove a part of the premises or knowingly permit any person to 06 do so; 07 (6) may not [UNREASONABLY] disturb, or permit others on the 08 premises with the tenant's consent to [UNREASONABLY] disturb, a neighbor's 09 peaceful enjoyment of the premises; [AND] 10 (7) shall maintain smoke detection devices as required under 11 AS 18.70.095; and 12 (8) except in an emergency when the landlord cannot be contacted 13 after reasonable effort to do so, may not change the locks on doors of the 14 premises without first securing the written agreement of the landlord and, 15 immediately after changing the locks, providing the landlord a set of keys to all 16 doors for which locks have been changed; in an emergency, the tenant may 17 change the locks and shall, within five days, provide the landlord a set of keys to 18 all doors for which locks have been changed and written notice of the change. 19 * Sec. 23. AS 34.03.120 is amended by adding a new subsection to read: 20 (b) The tenant may not knowingly engage at the premises in prostitution, an 21 illegal activity involving a place of prostitution, an illegal activity involving alcoholic 22 beverages, an illegal activity involving a controlled substance, or an illegal activity 23 involving an imitation controlled substance, or knowingly permit others in the premises 24 to engage in one or more of those activities at the rental premises. 25 * Sec. 24. AS 34.03.140(a) is amended to read: 26 (a) The tenant may not unreasonably withhold consent to the landlord to enter 27 into the dwelling unit in order to inspect the premises, make necessary or agreed 28 repairs, decorations, alterations, or improvements, supply necessary or agreed services, 29 remove personal property belonging to the landlord that is not covered by a 30 written rental agreement, or exhibit the dwelling unit to prospective or actual 31 purchasers, mortgagees, tenants, workers, or contractors.
01 * Sec. 25. AS 34.03.140(d) is amended to read: 02 (d) The landlord does not have a [HAS NO OTHER] right to access the 03 dwelling unit 04 (1) except 05 (A) as permitted by this section; 06 (B) by court order; or 07 (C) [, AND] as permitted by AS 34.03.230(b); [,] or 08 (2) unless [IF] the tenant has abandoned or surrendered the premises. 09 * Sec. 26. AS 34.03.220(a) is amended to read: 10 (a) Except as provided in this chapter, if there is [A MATERIAL] 11 noncompliance by the tenant with the rental agreement or noncompliance with 12 AS 34.03.120(1) - (7), other than noncompliance as to a utility service for which 13 the provisions of (e) of this section apply, [AS 34.03.120 MATERIALLY 14 AFFECTING HEALTH AND SAFETY], the landlord may deliver a written notice to 15 the tenant specifying the acts and omissions constituting the breach and specifying that 16 the rental agreement will terminate 24 hours [UPON A DATE NOT LESS THAN 20 17 DAYS] after receipt of the notice. If the breach is remediable by repairs or the 18 payment of damages or otherwise and the tenant remedies the breach to the 19 satisfaction of the landlord before the date specified in the notice, the rental 20 agreement will not terminate. If the breach is not remedied [IN 10 DAYS], the 21 rental agreement terminates as provided in the notice, and at that time the landlord 22 may serve a notice under AS 09.45.100 to quit the premises. This subsection does 23 not apply unless the tenant's acts or omissions 24 (1) constituting noncompliance with or breach of the obligation 25 imposed by AS 34.03.120(a)(5) are substantial; an act or omission is "substantial" 26 if the loss of property attributable to the destruction, defacement, damage, 27 impairment, or removal affecting the premises exceeds the amount of the security 28 deposit held by the landlord under AS 34.03.070; 29 (2) constituting noncompliance with or breach of an obligation 30 imposed by AS 34.03.120(a)(1) - (4) materially affect the health or safety of the 31 tenant or other tenants;
01 (3) constituting noncompliance by the tenant with the rental 02 agreement, other than a provision of the rental agreement that addresses an 03 obligation imposed by AS 34.03.120(a), detrimentally affect the landlord's 04 investment in the premises, the quiet enjoyment of the premises by other tenants, 05 or the use and occupancy of adjacent premises [SUBJECT TO THE PROVISIONS 06 OF THIS SECTION. IF THE BREACH IS REMEDIABLE BY REPAIRS OR THE 07 PAYMENT OF DAMAGES OR OTHERWISE AND THE TENANT ADEQUATELY 08 REMEDIES THE BREACH BEFORE THE DATE SPECIFIED IN THE NOTICE, 09 THE RENTAL AGREEMENT WILL NOT TERMINATE. IN THE ABSENCE OF 10 DUE CARE BY THE TENANT, IF SUBSTANTIALLY THE SAME ACT OR 11 OMISSION THAT CONSTITUTED A PRIOR NONCOMPLIANCE OF WHICH 12 NOTICE WAS GIVEN RECURS WITHIN SIX MONTHS, THE LANDLORD MAY 13 TERMINATE THE RENTAL AGREEMENT UPON AT LEAST 10 DAYS 14 WRITTEN NOTICE SPECIFYING THE BREACH AND THE DATE OF 15 TERMINATION OF THE RENTAL AGREEMENT]. 16 * Sec. 27. AS 34.03.220(b) is amended to read: 17 (b) If rent is unpaid when due and the tenant fails to pay rent in full within 18 five [10] days after written notice by the landlord of nonpayment and the intention to 19 terminate the rental agreement if the rent is not paid within that period of time, the 20 tenancy terminates unless the landlord agrees to allow the tenant to remain in 21 occupancy, and the landlord may terminate the rental agreement and immediately 22 recover possession of the rental unit. Only [; ONLY] one written notice of default 23 need be given the tenant by the landlord as to any one default. A landlord who has 24 given written notice to the tenant under this subsection may accept a partial 25 payment of the rent due under the rental agreement and extend the date for the 26 eviction accordingly. 27 * Sec. 28. AS 34.03.220 is amended by adding new subsections to read: 28 (d) An order of abatement entered by a court under AS 09.50.170 terminates 29 a rental agreement on the premises subject to the order of abatement. 30 (e) If a public utility providing electricity, natural gas, or water to the premises 31 occupied by the tenant discontinues the service to the premises due to the failure of
01 the tenant to pay for the utility service, the landlord may deliver a written notice to the 02 tenant advising that, notwithstanding (a) of this section, the tenancy will terminate five 03 days after the tenant's receipt of the notice. If, within three days from the receipt of 04 the notice, the tenant reinstates the discontinued service and repays the landlord for 05 any amounts paid by the landlord to reinstate service, and if damage did not occur to 06 the rental unit as a result of the discontinuance of service, the rental agreement will 07 not terminate. However, in the absence of due care by the tenant, if substantially the 08 same act or omission that constituted a prior noncompliance under this subsection for 09 which notice was given recurs within six months, the landlord may terminate the rental 10 agreement upon at least three days' written notice specifying the breach and the date 11 of termination of the rental agreement. 12 (f) If there is a noncompliance by the tenant with AS 34.03.120(8), the 13 landlord may terminate the rental agreement by giving to the tenant written notice to 14 quit as provided in AS 09.45.100(a)(1) or (2). If the tenant fails or refuses to deliver 15 up possession of the premises within five days, the landlord may recover possession 16 of the premises. 17 * Sec. 29. AS 34.03.230(b) is amended to read: 18 (b) During an absence of the tenant in excess of seven days, the landlord may 19 enter the dwelling unit at times reasonably necessary as provided in AS 34.03.140. 20 The landlord may reenter the dwelling unit and, if there is evidence that the 21 tenant has abandoned the dwelling unit, unless the landlord and tenant have made 22 a specific agreement to the contrary, the landlord may terminate the rental 23 agreement. 24 * Sec. 30. AS 34.03.260(d) is amended to read: 25 (d) The landlord is not liable [MAY NOT BE HELD TO RESPOND] in 26 damages in an action by a tenant claiming loss by reason of the landlord's storage 27 [ELECTION], destruction, or disposition of property under this section. A [, OR 28 SALE. IF, HOWEVER, THE] landlord who deliberately or negligently violates the 29 provisions of this section [, THE LANDLORD] is liable for actual damages and penal 30 damages of an amount not to exceed actual damages. 31 * Sec. 31. AS 34.03 is amended by adding a new section to read:
01 Sec. 34.03.335. PROOF OF BASIS IN CERTAIN PROPERTY DAMAGE 02 CLAIMS. In an action initiated by a party to recover damages or to obtain other relief 03 to which a party may be entitled under this chapter, a premises condition statement and 04 contents inventory prepared under AS 34.03.020(e) is presumptive evidence of the 05 condition of the premises and its contents at the commencement of the term of the 06 period of occupancy covered by the rental agreement between the parties. Unless its 07 authenticity is rebutted by clear and convincing evidence by the party against whom 08 the statement and contents inventory is offered, the statement and contents inventory 09 may be offered by a party, without additional supporting evidence, as the basis on 10 which to compute the recovery of damages to which the party may be entitled under 11 this chapter. 12 * Sec. 32. AS 34.03 is amended by adding a new section to read: 13 Sec. 34.03.345. MEDIATION. A landlord and a tenant may agree to mediate 14 disputes between them as to an obligation of either of them arising out of the rental 15 agreement. If the landlord and tenant agree to mediate disputes they shall include the 16 scope of the agreement within the executed rental agreement, incorporate a reference 17 to that agreement within the rental agreement, or add the text of the agreement as a 18 separate attachment to the rental agreement. If mediation of a dispute is requested by 19 the landlord or the tenant mediation shall be conducted substantially in the following 20 manner: 21 (1) judicial proceedings then pending are continued for a period until 22 the court is notified that mediation efforts have been unsuccessful; 23 (2) the parties may use the services of an impartial mediator and select 24 the mediator by mutual agreement; the mediator does not have the power of 25 compulsion in mediation proceedings under this subsection; 26 (3) mediation may be conducted informally as a conference, by 27 telephone, or by a series of conferences, as the parties may agree or the mediator may 28 determine; 29 (4) if mediation efforts are 30 (A) successful, the decision of the parties with respect to an 31 obligation or obligations of either of them arising out of the rental agreement
01 is binding on the parties; 02 (B) not successful, either party may withdraw or the mediator 03 may terminate mediation and shall so advise the parties; the parties thereafter 04 may seek other remedies provided by law; 05 (5) the mediator may, without regard to the success or failure of 06 mediation efforts, assign or apportion costs of mediation and require either or both 07 parties to pay those costs. 08 * Sec. 33. AS 34.03.360 is amended by adding new paragraphs to read: 09 (19) "illegal activity involving alcoholic beverages" means a person's 10 delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the 11 results of a local option election have, under AS 04.11.490 - 04.11.500, prohibited the 12 Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor 13 license or permit under AS 04; 14 (20) "illegal activity involving a controlled substance" means a 15 violation of AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1), 16 (2), or (5); 17 (21) "illegal activity involving an imitation controlled substance" means 18 a violation of AS 11.73.010 - 11.73.030; 19 (22) "illegal activity involving a place of prostitution" means a violation 20 of AS 11.66.120(a)(1), 11.66.130(a)(1), or 11.66.130(a)(4); 21 (23) "prostitution" means an act in violation of AS 11.66.100. 22 * Sec. 34. AS 34.05 is amended by adding a new section to read: 23 ARTICLE 3. ILLEGAL ACTIVITIES IN NONRESIDENTIAL PREMISES. 24 Sec. 34.05.100. TENANT RESPONSIBILITIES IN PREMISES OTHER 25 THAN DWELLING UNITS. (a) In rented premises other than premises to which the 26 provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises 27 in prostitution, an illegal activity involving a place of prostitution, an illegal activity 28 involving alcoholic beverages, an illegal activity involving a controlled substance, or 29 an illegal activity involving an imitation controlled substance, or knowingly permit 30 others in the premises to engage in one or more of those activities at the rental 31 premises.
01 (b) If there is noncompliance with (a) of this section, a person may seek relief 02 under AS 09.50.170 - 09.50.240. 03 (c) An order of abatement entered by a court under AS 09.50.210 against 04 premises under this section terminates a rental agreement on the premises subject to 05 the order of abatement. 06 (d) In this section, "dwelling unit," "illegal activity involving alcoholic 07 beverages," "illegal activity involving a controlled substance," "illegal activity 08 involving an imitation controlled substance," "illegal activity involving a place of 09 prostitution," and "prostitution" have the meanings given in AS 34.03.360. 10 * Sec. 35. AS 34.03.360(18) is repealed. 11 * Sec. 36. Rule 40(e)(1), Alaska Rules of Civil Procedure, is amended to read: 12 (1) All cases set for trial shall be heard on the date set unless the same 13 are required to be continued under AS 34.03.345(1) or are continued by order of 14 the court for cause shown. Except when a continuance is required under 15 AS 34.03.345(1), the [THE] presiding judge of a judicial district may require that a 16 visiting or pro tem judge obtain approval from the presiding judge before granting any 17 continuance of trial. 18 * Sec. 37. Rule 40(e)(2), Alaska Rules of Civil Procedure, is amended to read: 19 (2) Unless otherwise permitted by the court or required by 20 AS 34.03.345(1), application for the continuance of the trial of the case shall be made 21 to the court at least five days before the date set for trial. The application must be 22 supported by the affidavit of the applicant setting forth all reasons for the continuance. 23 If such case is not tried upon the day set, the court in its discretion may impose such 24 terms as it sees fit, and in addition may require the payment of jury fees and other 25 costs by the party at whose request the continuance has been made. 26 * Sec. 38. Rule 85(a)(3), Alaska Rules of Civil Procedure, is amended to read: 27 (3) Continuances. No continuance shall be granted for a longer period 28 than 2 days, unless 29 (A) the continuance is required by AS 34.03.345(1); or 30 (B) the defendant applying therefor shall give an undertaking 31 to the adverse party, with sureties approved by the court, conditioned to the
01 payment of the rent that may accrue if judgment is rendered against defendant. 02 * Sec. 39. AS 09.45.125, added by sec. 8 of this Act, allowing orders to vacate and writs 03 of assistance to issue at the same time as the entry of judgment or at any later date, has the 04 effect of amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the 05 Alaska District Court Rules of Civil Procedure by eliminating the respective periods of 06 automatic stays of enforcement upon judgment for orders to vacate premises. 07 * Sec. 40. AS 09.45.125, added by sec. 8 of this Act, takes effect only if sec. 39 of this 08 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 09 Constitution of the State of Alaska. 10 * Sec. 41. Section 7 of this Act and AS 34.03.345(1), added by sec. 32 of this Act, take 11 effect only if secs. 36 - 38 of this Act receive the two-thirds majority vote of each house 12 required by art. IV, sec. 15, Constitution of the State of Alaska. 13 * Sec. 42. If sec. 7 of this Act takes effect, sec. 6 of this Act does not take effect.