View Full Version : Violation of Lease
caeisen
Mar 5, 2012, 02:09 AM
So here is my big problem. I have recently been doing research because I felt that something was a little 'fishy' with my lease agreement. There are parts of my lease agreement that totally violate the Alaska Landlord Tenant Act. For example, my lease agreement state that 'The Tenant must pay Landlords attorney fees' and 'Tenant must have carpets professionaly cleaned on move out' however, the Alaska Landlord Tenant Act states that these are things that cannot be included in the lease agreement. Does this make my lease agreement null and void?
ScottGem
Mar 5, 2012, 04:14 AM
Why are you asking? Do you want to get out of the lease? When does the lease expire?
Yes the fees clause is not allowed. However, the law says it is unenforceable. That means it is not enough to void the lease. To take any action you would need to prove the landlord was aware of the illegality of the clause. It could very well be that he is using a standard form he got elsewhere.
I also don't see anything about the professional cleaning. Can you cite a specific statute on that. But again, it may not be enforceable that doesn't void the lease.
joypulv
Mar 5, 2012, 04:21 AM
I would say only in the specific areas of the lease that violate state law. It doesn't mean you get to break the other terms of the lease, skip out, or not pay. You still need to go through legal channels. If you paid a security deposit and are near the end of the lease, consider putting rents in a lawyer's escrow account until amounts due back to you are settled.