Like all residential landlords, Alaska landlords need to be aware of the conditions that allow them to legally terminate a rental agreement with a tenant.
Not paying rent or utilities
If a tenant is behind on rent a seven-day written notice is required. The notice should state the amount due and that if the tenant pays before the during the seven day period they can stay in the property. The notice must also state that the tenant has the option of paying and staying, or moving. Sometimes a tenant will offer a partial payment of rent. In this case, the landlord has the option of accepting the partial payment and either extending the eviction time frame with a new written agreement, or starting over with a new eviction time frame. The landlord can also refuse to accept any amount other than the full amount of rent due.
If a tenant has utilities in their name and the utility company discontinues service due to nonpayment, the landlord can send a five-day notice to terminate the tenancy. If the tenant pays the utility company within the first three days of the notice period and reimburses the landlord for any payments the landlord may have had to make to the utility company, the tenant is allowed to stay. If the same utility service is discontinued within the next six months the landlord can send a three-day notice to quit and the tenant has no option to remain in the property.
Damage to the property and illegal activities
Alaska is fairly non-forgiving on the issue of intentional damage to the landlord’s property. If a tenant or a tenant’s guest intentionally causes substantial damage to the property that exceeds $400, the landlord can terminate the rental agreement, even if the tenant agrees to compensate the landlord for the damages. A landlord must provide at least 24-hours written notice to the tenant.
Illegal activities conducted by the tenant or the tenant’s guests on the premises are subject to eviction with a five-day written notice from the landlord. Gambling, prostitution, illegal drug production or sale are all considered “nuisance” activities and serve as just cause to terminate a rental agreement.
Finally, there is a catch-all category for termination, called “breach of duties”. If the tenant fails to comply with the terms of the rental agreement, including allowing reasonable access to the landlord, the landlord can provide a 10-day notice asking the tenant to correct the problem. Failure to do so results in termination. And if the tenant corrects the breach but then breaches in substantially the same way within six months the landlord can provide a five-day notice to quit, with no option for the tenant to correct the breach.
