Alaska Stat. § 34.03. § 34.03.220

Noncompliance with rental agreement; failure to pay rent

In Force
Verified 10/28/2026 · Next check 11/4/2026
AlaskaPermissible Grounds

Operative Text

Alaska Stat. § 34.03. § 34.03.220
(a) Except as provided in this chapter,
(1) if the tenant or someone in the tenant's control deliberately inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5) or the tenant engages in or permits another to engage in prostitution or another illegal activity at the premises in breach of AS 34.03.120(b), the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 — 09.45.105 specifying the act or activity constituting the breach and specifying that the rental agreement will terminate on a date that is not less than 24 hours or more than five days after service of the notice; for purposes of this paragraph, damage to premises is “substantial” if the loss, destruction, or defacement of property attributable to the deliberate infliction of damage to the premises exceeds $400;

(2) if there is a material noncompliance by the tenant with the rental agreement, or if there is noncompliance with AS 34.03.120, other than deliberate infliction of substantial damage to the premises or other than noncompliance as to a utility service for which the provisions of (e) of this section apply, materially affecting health and safety, the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 — 09.45.110 specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate on a date not less than 10 days after service of the notice; if the breach is not remedied, the rental agreement terminates as provided in the notice subject to the provisions of this section; if the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate; in the absence of due care by the tenant, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least five days' written notice to quit specifying the breach and the date of termination of the rental agreement.

(b) If rent is unpaid when due and the tenant fails to pay rent in full within seven days after written notice by the landlord of nonpayment and the intention to terminate the rental agreement if the rent is not paid within that period of time, the tenancy terminates unless the landlord agrees to allow the tenant to remain in occupancy, and the landlord may terminate the rental agreement and immediately recover possession of the rental unit. Only one written notice of default need be given the tenant by the landlord as to any one default. A landlord who has given written notice to the tenant under this subsection may accept a partial payment of the rent due under the rental agreement and extend the date for the eviction accordingly.

(c) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.03.120.

(d) An order of abatement entered by a court under AS 09.50.170 terminates a rental agreement on the premises subject to the order of abatement.

(e) If a public utility providing electricity, natural gas, or water to the premises occupied by the tenant discontinues the service to the premises due to the failure of the tenant to pay for the utility service, the landlord may deliver a written notice to quit to the tenant advising that, notwithstanding (a) of this section, the tenancy will terminate five days after the landlord's service of the notice. If, within three days from the service of the notice, the tenant reinstates the discontinued service and repays the landlord for any amounts paid by the landlord to reinstate service, and if damage did not occur to the rental unit as a result of the discontinuance of service, the rental agreement will not terminate. However, in the absence of due care by the tenant, if substantially the same act or omission that constituted a prior noncompliance under this subsection for which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the breach and the date of termination of the rental agreement.

(f) A person whose use of premises is based solely on rights acquired by a tenant, and who has not individually acquired the rights of a tenant under this chapter, does not acquire rights under this chapter as a result of being present on the premises.
Source: Legislative text reproduced verbatim
Plain English

Alaska Statute AS 34.03 § 34.03.220 establishes the conditions under which a landlord may move to terminate a tenancy based on a tenant's failure to comply with the rental agreement or Alaska's landlord-tenant law. Depending on the nature of the violation—ranging from deliberate property damage or illegal activity, to general material noncompliance, to nonpayment of rent, to utility shutoffs caused by the tenant—the required notice period before termination can range from 24 hours to 10 days. In many cases, a tenant has an opportunity to remedy the breach before the termination date, which would prevent the rental agreement from ending; however, repeated violations of the same type within six months may result in shorter notice periods with no cure opportunity.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under AS 34.03 § 34.03.220, compliant property operators in Alaska maintain clear written records of any tenant violations and deliver properly formatted written notices to quit that specify the exact breach and the applicable termination date. The notice period a landlord must use varies by violation type: 24 hours to five days for deliberate substantial damage (exceeding $400) or illegal activity such as prostitution; at least 10 days for other material noncompliance affecting health and safety; seven days for nonpayment of rent; and five days for a tenant-caused utility shutoff. Operators generally track whether a similar breach has recurred within six months, as that circumstance permits a shorter notice period on the second occurrence, and they document any partial rent payments accepted and any extensions granted accordingly.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

AS 34.03 § 34.03.220 provides Alaska tenants with specific notice rights before a landlord can terminate a tenancy, and in many situations the law gives tenants a window to cure the problem—such as paying overdue rent within seven days or restoring a discontinued utility within three days—to prevent the rental agreement from ending. Tenants who receive a written notice to quit should review whether the notice correctly identifies the breach and uses the legally required timeframe, as a defective notice may affect the landlord's ability to proceed with eviction. Tenants facing termination proceedings may find it useful to contact a local tenant-rights organization or Alaska Legal Services, or to raise compliance with the notice requirements as a defense in any eviction proceeding brought under this section.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

AS 34.03.220
AS 34.03.120
AS 34.03.310
AS 34.03.225
AS 34.03.290
AS 34.03.360
AS 34.03.220
AS 34.03.310
AS 34.03.360
AS 34.03.360
AS 34.03.020
AS 34.03.100
AS 34.03.120
AS 34.03.290
AS 34.03.100
AS 34.03.290
AS 34.03.020
AS 34.03.070
AS 34.03.070
AS 34.03.020
AS 34.03.070
AS 34.03.230
AS 34.03.100
AS 34.03.070
AS 34.03.090
AS 34.03.100
AS 34.03.160
AS 34.03.070
AS 34.03.070
AS 34.03.120
AS 34.03.130
AS 34.03.150
AS 34.03.140
AS 34.03.020
AS 34.03.080
AS 34.03.150
AS 34.03.100
AS 34.03.210
AS 34.03.160
AS 34.03.080
AS 34.03.130
AS 34.03.360
AS 34.03.130

Related Rules

§ 4
Just cause eviction; prerequisites
§ 165.03
JUST CAUSE EVICTIONS
§ 352
Recovery of premises

Source Information

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