Alaska Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)
What Alaska law says about the clauses that matter most in a residential lease. Data as of 2026-10-21.
Main statute: Alaska Uniform Residential Landlord and Tenant Act, Alaska Statutes Title 34, Chapter 3 (AS 34.03.010 et seq.)
Security deposits
- Max
- Two months' periodic rent for prepaid rent and security deposit combined; the cap does not apply to units where the rent exceeds $2,000 a month. A landlord may take an additional pet deposit of up to one month's rent for a tenant with a pet that is not a service animal; it must be accounted for separately and used only for pet-related damage (§ 34.03.070(a), (h)).
- Return deadline days
- 30 days
- Itemization required
- Yes
- Interest required
- No interest requirement in § 34.03.070. The landlord must promptly deposit the money, where practicable, in a trust account, and may not commingle it with other funds (§ 34.03.070(c)).
Source: AS 34.03.070
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Late fees
- Rule
- No provision on residential late fees found in AS 34.03 (the Act's sections were read in full). Any late fee must come from the lease. A rental agreement cannot waive the tenant's rights under the Act (§ 34.03.040(a)(1)). Other chapters of the code were not searched.
Source: AS 34.03 (no provision found)
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Landlord entry
- Notice
- The landlord must give the tenant at least 24 hours' notice of intent to enter, except in an emergency or if it is impracticable, and may enter only at reasonable times and with the tenant's consent; the tenant may not unreasonably withhold consent (to inspect, make necessary or agreed repairs, supply services, or show the unit to buyers, mortgagees, tenants, workers or contractors). The landlord may enter without consent in an emergency, and may not abuse access or use it to harass. If the landlord makes an unlawful entry or repeated harassing demands, the tenant can get an injunction or terminate on 10 days' written notice and recover the greater of actual damages or one month's rent, plus court costs and attorney fees (§ 34.03.300(b)).
Source: AS 34.03.140, 34.03.300
Ending a month-to-month tenancy
- Tenant
- Written notice to the landlord at least 30 days before the rental due date specified in the notice (§ 34.03.290(b)). For a week-to-week tenancy: written notice at least 14 days before the termination date, while rent is current (§ 34.03.290(a)).
- Landlord
- Same as the tenant: written notice at least 30 days before the rental due date specified in the notice for a month-to-month tenancy (14 days for week-to-week). Separately, for nonpayment the landlord may terminate if rent is not paid within 7 days after written notice (§ 34.03.220(b)); for a material lease breach or a health and safety violation the notice to quit is at least 10 days, and 24 hours to 5 days for deliberate substantial damage or illegal activity (§ 34.03.220(a)).
Source: AS 34.03.290, 34.03.220
Rent increases
- Statewide rent control
- No rent control or rent-increase notice provision found in AS 34.03. A landlord may not retaliate by increasing rent after a protected tenant action (§ 34.03.310(a)), subject to the exceptions in § 34.03.310(d).
Source: AS 34.03.310
Repairs & habitability
- Rule
- The landlord must make all repairs needed to keep the premises fit and habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and other supplied facilities and appliances in good and safe working order, provide waste receptacles and removal, supply running water and reasonable hot water and heat at all times (insofar as energy conditions permit), provide locks and keys if requested, and provide smoke and carbon monoxide detectors (§ 34.03.100(a)). Narrow exceptions exist for rural homes without water or sewer and for written agreements that the tenant do specified duties in good faith (§ 34.03.100(b)-(e)). Remedies: after written notice of a material breach or a health and safety violation, the tenant may terminate if not fixed within 10 days (termination date at least 20 days after notice) and may recover damages or an injunction (§ 34.03.160); if the landlord fails to supply water, hot water, heat, sanitary facilities or essential services, the tenant may give written notice and then buy the service and deduct the cost from rent, recover diminished rental value, or find substitute housing (§ 34.03.180); the tenant may counterclaim and the court may reduce rent or order rent paid into court (§ 34.03.190).
Retaliation
- Rule
- A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession after the tenant complained to the landlord of a habitability violation (§ 34.03.100), sought to enforce rights under the Act, joined a tenants' union, or complained to a governmental agency about housing, wage, price or rent controls. The tenant has the remedies in § 34.03.210 (recover possession or terminate, plus up to 1.5 times actual damages) and a defense to an eviction action. Exceptions: the landlord may still seek possession for unpaid rent, code-required work, waste or nuisance or illegal use, or in good faith for personal use, remodeling or demolition, or conversion out of residential use, and may raise rent for substantial tax or operating-cost increases, a capital improvement, or to match market rent (§ 34.03.310(c), (d)).
Source: AS 34.03.310
Clauses often unenforceable in Alaska
- A lease clause waiving or forgoing the tenant's or landlord's rights or remedies under the Act (§ 34.03.040(a)(1))
- A clause authorizing a confession of judgment on a claim arising from the lease (§ 34.03.040(a)(2))
- A clause exculpating or limiting a party's liability under the law, or requiring indemnity for that liability or its costs (§ 34.03.040(a)(3))
- A clause requiring a party to pay the other side's attorney fees (§ 34.03.040(a)(4)); attorney fees go to the prevailing party by statute (§ 34.03.350). A party who willfully uses a lease containing a known prohibited provision is liable for the other party's actual damages (§ 34.03.040(b))
- A security deposit and prepaid rent above two months' rent on a unit renting for $2,000 a month or less (§ 34.03.070(a))
Notes
Security deposit return is two-track (§ 34.03.070(g)): if the tenant gave proper 30-day written termination notice under § 34.03.290, the landlord must mail the itemized written notice and refund within 14 days after the tenancy ends and the tenant delivers possession, but has 30 days if costs are deducted for damages; if the tenant did not give a proper § 34.03.290 notice, the landlord has 30 days after the tenancy ends, possession is delivered, or the landlord learns the unit is abandoned. The 30-day figure above is the outer limit; a proper-notice tenant with no damage deductions gets the refund within 14 days. If the landlord does not know the tenant's address but knows how to contact the tenant, the landlord must make a reasonable effort to deliver the notice and refund. Damages exclude normal wear and tear and damage caused by the landlord's own failure to prepare or to meet its duties (§ 34.03.070(b), (i)). Willful noncompliance: the tenant may recover up to twice the amount withheld (§ 34.03.070(d)). Entry rights in § 34.03.140 apply; during an absence of more than seven days the landlord may enter as reasonably necessary (§ 34.03.230(b)). Abandoned property needs at least 15 days' written notice before sale or disposal (§ 34.03.260). Landlord liens and distraint for rent are abolished (§ 34.03.250). The Act does not cover transient hotel occupancy, owner-occupied condos, employee housing, transitional housing programs and some other arrangements (§ 34.03.330(b)). Not found in AS 34.03 (left blank): rent-increase notice period, rent control, late-fee limits. HB 262 (2024), which would have required notice of rent increases, died in committee. No 2025-2026 session law amending AS 34.03 was identified, but the akleg.gov statute pages are labelled 'Alaska Statutes 2025' and show no history lines, so very recent session-law changes could not be excluded.
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