RESIDENTIAL LEASE AGREEMENT
(Alaska – Comprehensive Form)
[// GUIDANCE: This template is drafted for use with residential (non-commercial) dwellings located in the State of Alaska and is intended to comply with the Alaska Uniform Residential Landlord & Tenant Act (“URLTA”). Replace all bracketed items before execution and tailor provisions to the specific transaction.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
RESIDENTIAL LEASE AGREEMENT (the “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a principal address at [ADDRESS] (“Landlord”); and
• Tenant: [TENANT LEGAL NAME], [an individual/a married couple/other] whose current address is [ADDRESS] (“Tenant”).
Recitals
A. Landlord is the fee simple owner of the residential real property located at [PREMISES ADDRESS] (the “Premises”).
B. Tenant desires to lease, and Landlord desires to let, the Premises subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
II. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms appear in bold throughout the Agreement.
“Abandonment” – The absence of Tenant from the Premises for a continuous period exceeding [__] consecutive days without prior written notice to Landlord and with rent unpaid.
“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant under this Agreement, including but not limited to late fees, utility charges, and costs of repair.
“Base Rent” – The monthly rental amount identified in Section III.2.
“Commencement Date” – [COMMENCEMENT DATE], the date on which Tenant’s right to occupy the Premises begins.
“Lease Term” – The period commencing on the Commencement Date and expiring on the Termination Date, subject to earlier termination as provided herein.
“Security Deposit” – The sum described in Section III.4 to secure Tenant’s performance of its obligations.
“URLTA” – Alaska Uniform Residential Landlord & Tenant Act, Alaska Stat. §34.03.010 et seq., as amended.
[// GUIDANCE: Add or delete definitions to fit the transaction; maintain alphabetical order.]
III. OPERATIVE PROVISIONS
3.1 Lease of Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases same from Landlord, for the Lease Term, together with the right to use all common areas appurtenant thereto, subject to the Rules & Regulations attached hereto as Exhibit A.
3.2 Term & Possession.
a. Lease Term: [__] months beginning on the Commencement Date and ending on [TERMINATION DATE] (“Termination Date”).
b. Holding Over: Any hold-over shall convert tenancy to month-to-month at 150 % of the last Base Rent unless otherwise agreed in writing.
3.3 Rent.
a. Base Rent: $[_] per month, due in advance on or before the first (1st) day of each calendar month without deduction or set-off at [PAYMENT ADDRESS/PORTAL].
b. Late Charge: If Base Rent remains unpaid after [] calendar days, Tenant shall pay a late fee of $[] or []% of the overdue amount, whichever is greater, as Additional Rent.
c. Returned Payment: $[__] fee per returned check, plus bank charges.
3.4 Security Deposit.
a. Amount: $[___] (not to exceed two (2) months’ rent for an unfurnished unit or one (1) month for a furnished unit, as required by URLTA).
b. Trust Account: Landlord shall place the Security Deposit in a federally insured trust account segregated from operating funds.
c. Permitted Deductions: Unpaid rent, damage beyond normal wear, cleaning, utility charges, and other sums due under this Agreement.
d. Return: Within fourteen (14) days following (i) Tenant’s surrender of the Premises with rent current or (ii) thirty (30) days if deductions are made, Landlord shall provide an itemized written statement and remit any balance of the Security Deposit.
[// GUIDANCE: AK law mandates strict adherence to deposit ceilings, accounting, and timeline. Failure may expose Landlord to double damages.]
3.5 Utilities. Tenant shall pay when due all utilities and services separately metered to the Premises, including [LIST], and shall reimburse Landlord for any utilities billed to Landlord but consumed by Tenant.
3.6 Use & Occupancy. Premises shall be used solely as a private residence by no more than [__] occupants. Commercial, unlawful, or nuisance activities are prohibited.
3.7 Pets. [NO PETS ARE PERMITTED / Pets permitted subject to Pet Addendum and Pet Deposit of $[__]].
3.8 Alterations. Tenant shall not make any structural or material alterations without Landlord’s prior written consent. Any permitted improvements shall become Landlord’s property upon installation unless otherwise agreed.
3.9 Conditions Precedent. Delivery of possession is conditioned upon (i) receipt of the Security Deposit and first month’s Base Rent in cleared funds, and (ii) execution of move-in inspection report.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents and warrants that:
a. It is the lawful owner of the Premises and has full authority to lease same;
b. The Premises conforms to applicable building, housing, and health codes and will be delivered in habitable condition;
c. All major systems (plumbing, heating, electrical) are in good working order as of the Commencement Date.
4.2 Tenant’s Representations. Tenant represents and warrants that:
a. All information provided on Tenant’s rental application is materially true and complete;
b. Tenant has the legal capacity to enter into this Agreement;
c. Tenant shall use and maintain the Premises in compliance with URLTA and this Agreement.
4.3 Survival. All representations and warranties shall survive the expiration or earlier termination of this Agreement to the extent necessary to enforce rights arising hereunder.
V. COVENANTS & RESTRICTIONS
5.1 Landlord Covenants.
a. Habitability & Maintenance: Landlord shall (i) keep common areas in clean and safe condition; (ii) maintain all electrical, plumbing, sanitary, heating, and other facilities supplied by Landlord; and (iii) supply running water and reasonable heat/hot water as required by season, except to the extent the building is separately metered and Tenant agrees in writing to furnish same.
b. Quiet Enjoyment: Tenant shall peaceably and quietly hold and enjoy the Premises for the Lease Term, subject to timely performance of Tenant’s obligations.
5.2 Tenant Covenants.
a. Maintenance: Keep the Premises clean and sanitary; dispose of all waste properly; promptly notify Landlord of defective conditions; and use appliances safely and properly.
b. Compliance: Comply with all applicable statutes, ordinances, and rules; refrain from disturbing neighbors’ peaceful enjoyment.
c. Insurance: Maintain renter’s insurance with minimum liability coverage of $[__] per occurrence, naming Landlord as additional insured.
d. Access: Permit Landlord entry upon at least 24-hour notice for inspections, repairs, or showings, except in emergency.
VI. DEFAULT & REMEDIES
6.1 Events of Default. Any of the following constitutes a default:
a. Failure to pay Base Rent or Additional Rent within [7] days after written notice;
b. Material non-compliance with Section 5.2 not cured within [10] days after notice;
c. Abandonment of the Premises;
d. Material misrepresentation in Tenant’s rental application.
6.2 Notice to Quit & Eviction. Upon default, Landlord may serve the statutory notice to quit (7-day for nonpayment; 10-day for non-compliance; or 24-hour for illegal activity) and proceed with forcible entry and detainer action in the [COUNTY] District Court – Housing Division.
6.3 Landlord Remedies. Subject to URLTA:
a. Terminate this Agreement;
b. Re-enter and regain possession pursuant to court order;
c. Recover unpaid rent, late charges, costs of repair, and reasonable attorney fees;
d. Mitigate damages by reletting;
e. Pursue injunctive or equitable relief to prevent continued violations.
6.4 Tenant Remedies. If Landlord materially fails to comply with Section 5.1, Tenant may (i) deliver written notice specifying breach and, if unremedied within the statutory period, terminate this Agreement; or (ii) for minor defects, repair and deduct the lesser of $500 or one-half month’s rent, following statutory protocol.
6.5 Cumulative Remedies. All rights and remedies are cumulative and non-exclusive except where expressly limited by URLTA.
VII. RISK ALLOCATION
7.1 Indemnification by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, damages, liabilities, and expenses (including reasonable attorney fees) arising from Tenant’s use or occupancy of the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct.
7.2 Limitation of Liability. Landlord’s aggregate liability for breach of this Agreement or negligence shall not exceed the amount of the Security Deposit, except for claims resulting from Landlord’s willful misconduct or violation of law not waivable under URLTA.
7.3 Insurance. Each party shall maintain insurance required under Section 5.2(c) and applicable law. Failure to maintain insurance shall not waive or limit the indemnification obligations herein.
7.4 Force Majeure. Neither party shall be liable for failure to perform due to events beyond its reasonable control (excluding monetary obligations) such as acts of God, governmental orders, or labor disputes; provided the affected party gives prompt notice and resumes performance as soon as practicable.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be construed in accordance with the laws governing landlord-tenant relations in the State of Alaska, without regard to conflict-of-laws principles.
8.2 Forum Selection. Any judicial action arising hereunder shall be filed exclusively in the [COUNTY] District Court – Housing Division (the “Designated Court”).
8.3 Arbitration. Arbitration is expressly excluded; disputes shall be resolved in the Designated Court.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury where such right applies.
8.5 Injunctive Relief. Landlord’s right to seek injunctive or summary eviction relief is preserved notwithstanding any other provision of this Agreement.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver is effective unless in writing signed by both parties. A waiver of any breach shall not constitute a waiver of any subsequent breach.
9.2 Assignment & Subletting. Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
9.3 Successors & Assigns. Subject to the foregoing, this Agreement binds and benefits the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall be enforced to the maximum extent permitted, and the parties shall substitute a valid provision that most closely reflects the original intent.
9.5 Integration. This Agreement, including all exhibits and addenda, constitutes the entire agreement between the parties and supersedes all prior understandings, whether oral or written, relating to the subject matter.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are deemed original for all purposes.
9.7 Notices. All notices shall be in writing and deemed given when (i) delivered personally, (ii) deposited with U.S. Postal Service certified mail, return receipt requested, postage prepaid, or (iii) sent by nationally recognized overnight courier, addressed to the respective party at the address set forth in the header (or as later designated in writing).
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement effective as of the date first written above.
| Landlord | Tenant |
|---|---|
| _____ | _____ |
| [LANDLORD NAME & TITLE] | [TENANT NAME] |
| Date: ______ | Date: ______ |
[Optional Notary Acknowledgment]
EXHIBIT A – RULES & REGULATIONS
[// GUIDANCE: Insert property-specific rules (parking, trash, quiet hours, etc.). Breach of any rule constitutes a lease default after notice/cure per Section VI.]
[// GUIDANCE TO PRACTITIONER:
1. Confirm the Security Deposit amount and timelines comply with the latest Alaska statutory requirements.
2. Review local municipal ordinances (e.g., Anchorage Municipal Code) for any additional obligations such as carbon-monoxide detectors or occupancy permits.
3. Attach mandatory disclosures (e.g., Lead-Based Paint for pre-1978 housing, mold, asbestos) as needed.
4. Consider adding a Marijuana/Smoking Addendum if relevant.
5. Verify that any jury-trial language aligns with current Alaska constitutional jurisprudence. ]