Residential Sublease Agreement - Alaska

Residential Sublease Agreement — Alaska

Before you use this: The primary tenant and proposed subtenant should attach the master lease. Unless the primary landlord has agreed otherwise in writing, obtain the landlord's consent under AS 34.03.060 before possession begins. A proposed occupant's written, signed offer must supply the information in the consent section below. Have the proposed occupant deliver the offer and the primary tenant also deliver it to the landlord; retain both delivery records. A landlord's failure to send a signed written rejection within 14 days after the completed offer is delivered has the statutory effect described there.

This Sublease Agreement is made on [__/__/____] between [PRIMARY TENANT NAME] (“Sublessor”) and [SUBTENANT NAME] (“Subtenant”). The primary landlord is [LANDLORD NAME]. The parties agree as follows.

Premises and master lease

Address: [STREET, UNIT, CITY, ALASKA, ZIP].
Space sublet: ☐ Entire dwelling ☐ Only [ROOM OR AREA], with shared use of [COMMON AREAS].
Master lease dated: [__/__/____]. Master lease term: ☐ Fixed through [__/__/____] ☐ Month to month. A copy is attached as Exhibit A. Sublessor gives Subtenant a copy before signing.

This sublease is subordinate to the master lease. Subtenant will follow the attached master lease provisions concerning use, occupants, pets, noise, utilities, access, and care of the premises, to the extent applicable to the space sublet and consistent with Alaska law. The master lease remains between Sublessor and the primary landlord; this agreement does not release Sublessor from that lease. Sublessor remains responsible to the primary landlord for the master lease unless the landlord separately agrees otherwise in writing. If a master lease provision and this sublease conflict, the parties will follow the rule that is lawful and consistent with the primary landlord's consent; neither party may promise occupancy beyond Sublessor's right to possess.

Term and landlord consent

Occupancy begins: [__/__/____]. Occupancy ends: [__/__/____]. This is a fixed term and may not extend beyond the master lease. Any extension requires a written agreement and any required landlord consent.
Consent status before possession: ☐ Primary landlord signed the consent below on [__/__/____]. ☐ Subtenant and Sublessor each delivered the signed offer below to the landlord; both delivery records are attached, and no signed written rejection was delivered to Sublessor within 14 days after the later delivery date. ☐ The landlord agreed in writing that consent is unnecessary; writing attached. Occupancy will not begin until one of these applies.

Rent, deposit, and utilities

Rent: $[________] each month, due on day [1-28] to [PAYEE AND PAYMENT METHOD]. Each full monthly period begins on that due day and ends the day before the next due day. Initial rent payment: $[________] for [START DATE] through [END DATE], due [__/__/____] to the payee above. This covers the first partial or full period and replaces monthly rent for the stated dates. Next monthly payment, if any: the monthly rent above for [START DATE THROUGH END DATE / NONE], beginning after the initial covered period ends, due [__/__/____ / N/A] to the same payee. If occupancy begins on the regular due day and another full period follows, the initial payment is the first full monthly rent and the next payment is due one monthly period later. Final partial period, if this fixed term ends mid-period: $[________ / ZERO] for [START DATE THROUGH END DATE / NONE], due [__/__/____ / NONE] to the payee above. This amount replaces monthly rent for its stated dates. If the fixed term ends within the initial covered period, mark the next and final partial periods "none" and do not charge those dates twice.
Utilities and services: [SPECIFY EACH PAYER, AMOUNT OR SPLIT, AND DUE DATE].
Any rent already paid for dates covered by a completed initial or final partial-period amount is credited against that amount. Sublessor will refund any excess prepaid rent for those dates within 10 days after this sublease ends.

Security deposit: $[________], received on [__/__/____]. Other prepaid rent: $[________]. Sublessor will account for and hold these funds as Alaska law requires. Unless this unit rents above $2,000 per month, the combined security deposit and prepaid rent demanded under this sublease may not exceed two months' periodic rent, apart from a legally permitted separate pet deposit.
Pet deposit, if applicable: $[________] for [PET], not exceeding one month's periodic rent, accounted for separately, and used only for damage directly related to the pet. No pet deposit applies to a service animal. ☐ None.

At the end of the tenancy, Sublessor may use the deposit for unpaid rent and documented damage caused by Subtenant beyond normal wear and tear, as Alaska law permits. Sublessor will mail an itemized accounting and any balance to Subtenant's last known address, within the applicable statutory period. Forwarding address: [FORWARDING ADDRESS]. If Sublessor or Subtenant gives notice complying with AS 34.03.290, Sublessor will mail the accounting and refund within 14 days after termination and Subtenant's delivery of possession; if damage costs are deducted, the refund period is 30 days after termination. If Subtenant does not give a compliant notice, the mailing period is 30 days after termination, delivery of possession, or Sublessor becoming aware of abandonment, as AS 34.03.070(g) provides. If Subtenant's mailing address is unknown but Sublessor knows or has reason to know how to contact Subtenant, Sublessor will make a reasonable effort to deliver the notice and refund. The parties will sign an entry condition record and contents inventory, if any, as Exhibit B.

Use and care

Only [NAMES OF APPROVED OCCUPANTS] may reside in the sublet space. Guests: [MASTER LEASE RULE OR AGREED LIMIT]. Pets: [MASTER LEASE RULE OR AGREED TERMS]. Subtenant will keep the space clean, use facilities reasonably, avoid damage and disturbances, and promptly tell Sublessor of needed repairs or unsafe conditions. Sublessor will communicate promptly with the primary landlord and perform the duties that Alaska law places on a sublessor. Neither party may use this sublease to waive a nonwaivable duty or authorize an unlawful entry.

Subtenant will notify Sublessor of an anticipated absence from the premises exceeding seven days as soon as reasonably possible after Subtenant knows it will exceed seven days. Notice may be delivered to [SUBLESSOR CONTACT AND METHOD].

Sublessor will arrange ordinary entry for a lawful purpose with Subtenant's consent, at reasonable times, and with at least 24 hours' notice. Subtenant will not unreasonably withhold consent. An emergency permits entry without consent; when notice is impracticable, ordinary entry still requires consent under this agreement unless another lawful entry ground applies. Court orders and other access specifically permitted by Alaska law remain available. Entry may not be abused or used to harass.

Ending occupancy and notices

The fixed term ends on the stated end date, subject to the master lease and Alaska law. An early termination requires a written agreement or an applicable legal ground. If the parties later create a month-to-month subtenancy, either may terminate it by written notice at least 30 days before the rent due date specified in the notice; while rent is current, a week-to-week tenancy requires at least 14 days before the specified termination date. Subtenant will return keys and possession, remove belongings, and give a forwarding address. Sublessor will not use self-help removal.

Notices to Sublessor: [NAME, MAILING ADDRESS, EMAIL IF AGREED].
Notices to Subtenant: [NAME, MAILING ADDRESS, EMAIL IF AGREED].
Person authorized to manage the sublet premises: [NAME AND ADDRESS].
Owner or person authorized to receive service of process, notices, and demands for the owner: [NAME AND ADDRESS].
Sublessor supplies these disclosures in writing at or before commencement and will keep them current. Primary landlord contact for repairs: [NAME, ADDRESS, AND TELEPHONE].

Exhibit C — lead-based paint disclosure for covered housing

Complete and sign this exhibit before Subtenant is obligated if the sublet housing was built before 1978 and is target housing under 40 C.F.R. § 745.103. A rental of an individual room is generally a 0-bedroom dwelling under that section, but the exception does not apply when a child under six resides or is expected to reside there. Determine any other statutory exemption before relying on it. Attach this exhibit to the signed sublease and give Subtenant the federally approved lead-hazard pamphlet and all available lead records or reports before signing.

Year housing was built: [________] Covered target housing: ☐ Yes ☐ No, basis: [________________________]

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure of known lead-based paint and/or lead-based paint hazards: ☐ Known lead-based paint or hazards are present. Describe their location, the condition of painted surfaces, and the basis for that knowledge: [________________________________________________]. ☐ Sublessor has no knowledge of lead-based paint or hazards in the housing.

Available records and reports: ☐ Sublessor has provided Subtenant all available lead-based paint or hazard records and reports listed here: [________________________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: ☐ Subtenant received copies of the listed records and reports. ☐ Sublessor stated that there are no such records or reports. Subtenant acknowledges receipt of the disclosure above and the federally approved pamphlet on lead poisoning prevention.

Agent's acknowledgment, if an agent participates: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of the duty to ensure compliance. ☐ No agent participates.

The signing parties certify that their statements in this exhibit are accurate to the best of their knowledge.

Sublessor signature: [________________________________] Date: [__/__/____]

Subtenant signature: [________________________________] Date: [__/__/____]

Agent signature, if any: [________________________________] Date: [__/__/____]

Signatures

The parties have read this agreement, Exhibit A, and any attached condition record. Alaska law governs. Amendments must be in writing and signed by both parties, with landlord consent when required.

Sublessor signature: ______________________________ Date: [__/__/____]
Sublessor printed name: [________________________________]

Subtenant signature: ______________________________ Date: [__/__/____]
Subtenant printed name: [________________________________]

Prospective occupant's signed offer and landlord response

Subtenant offers to occupy the premises under the attached sublease and master lease. For the landlord's AS 34.03.060(c) review, Subtenant supplies:

Full name and age: [________________________________]
Present address: [________________________________]
Marital status: [________________________________]
Occupation, workplace, employer name and address: [________________________________]
Other persons who would normally reside here, and number: [________________________________]
Two credit references or responsible persons who can confirm financial responsibility: [NAMES AND CONTACT DETAILS]
All landlords during the past three years, names and addresses: [________________________________]

Prospective occupant signature: ______________________________ Date: [__/__/____]
Subtenant delivered the signed offer to landlord by: [METHOD] on: [__/__/____] Proof attached: ☐ Yes ☐ No
Sublessor delivered the signed offer to landlord by: [METHOD] on: [__/__/____] Proof attached: ☐ Yes ☐ No

Landlord response: ☐ I consent to this sublease. ☐ I decline and have delivered a separately signed written rejection stating a ground permitted by AS 34.03.060(d).
Landlord signature: ______________________________ Date: [__/__/____]
Landlord printed name and title: [________________________________]

Alaska law reference

AS 34.03.060 governs sublease consent and the prospective occupant's offer. AS 34.03.070 governs security deposits and refunds. AS 34.03.290 governs periodic-tenancy notice. AS 34.03.360 includes a sublessor in the definition of landlord.

Federal lead disclosure: 40 C.F.R. §§ 745.103 and 745.113 and EPA's sample lessor form.