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View Full Version : Moving-out law in Alaska


birdyluv12
Jun 25, 2012, 08:25 PM
My husband and I are living in Alaska and having trouble figuring out the move out law here. Our lease is up on 6/30/12, and we did not want to renew our lease here. Our landlord slipped a notice under our door giving us three options as far as renewing our lease or moving out. #1. Renew the lease for so many months or 1 year, #2. Live and pay the rent on a month to month lease, #3. If the tenant decides they want to vacate the unit a written notice must be turned into the leasing office before or on 7/1/12 or you will be liable for the next months rent. We went to turn in the letter today 6/25/12 and she said that's fine, but we have to pay next months rent up until 7/25/12. We asked why and she said because we didn't give her a 30 written notice and under Alaskas law it required. My question is can she do that? I mean with the notice she gave us it kind of doesn't seem fair.

AK lawyer
Jun 25, 2012, 08:57 PM
... Our lease is up on 6/30/12, and we did not want to renew our lease here. ...

We went to turn in the letter today 6/25/12 and she said thats fine, but we have to pay next months rent up until 7/25/12. We asked why and she said because we didnt give her a 30 written notice and under Alaskas law it required. ....

Actually, 30 days notice from the tenant is required to terminate a month-to-month tenancy.


"AS 34.03.290. Periodic Tenancy and Holdover.
(a) While rent is current, the landlord or the tenant may terminate a week to week tenancy by a written notice given to the other at least 14 days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month to month tenancy by a written notice given to the other at least 30 days before the rental due date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or after its termination under (a) or (b) of this section, the landlord may, after serving a notice to quit to the tenant under AS 09.45.100 - 09.45.105, bring an action for possession and if the tenant's holdover is wilful and not in good faith the landlord, in addition, may recover an amount not to exceed one and one-half times the actual damages. If the landlord consents to the tenant's continued occupancy, AS 34.03.020 applies." Alaska Statutes: AS 34.03.290. Periodic Tenancy and Holdover. (http://touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter03/Section290.htm)

But I don't see any provision of the Alaska Uniform Residential Landlord and Tenant Act requiring a notice at the end of a year-long lease, such as you have. This is unusual. Most states do require a notice from the tenant, or the lease will turn into a month-to-month tenancy.