Alaska rent increase law

For a month-to-month tenancy, the Alaska Department of Law handbook says to give at least 30 days’ notice before increasing rent. AS 34.03.290(b) states the notice for ending a monthly tenancy; the handbook explains that an increase is probably an end to the old rate and an offer at the new rate. AS 34.03 sets no general increase cap. Retaliatory increases are prohibited, subject to the statutory exceptions below.

AS 34.03.010 to 34.03.380 AS 34.03.310(a) Alaska Department of Law: rent increases, page 21

• Despite a tenant's protected act, you may still raise rent in three cases: (1) at least four months before the demand, you became liable for a substantial increase in property taxes or in operating costs unrelated to the complaint, and the increase reasonably relates to it; (2) the increase stays within the straight-line depreciation of a completed capital improvement; or (3) competent evidence shows the rent does not exceed what other tenants pay for similar units in the building (or, for a single-family residence or a building with no similar unit, the fair rental value). AS 34.03.310(d) See Retaliation on the Alaska page
• Either party may end a month-to-month tenancy with written notice given at least 30 days before a rental due date. AS 34.03.290(b) See Ending a month-to-month tenancy on the Alaska page
• A fixed-term lease generally holds the rent for its term unless the lease provides for increases. Check its terms before proposing a renewal or changing the amount. Alaska Department of Law: leases, page 6
• Use a dated written notice identifying the tenant and rental, the new monthly amount, and the effective rental due date at least 30 days after receipt. Keep a copy and delivery record. The handbook’s sample explains that a tenant who chooses to move must give their own timely written termination notice. Alaska Department of Law: sample increase notice, page 54
• Subsidized housing may have additional notice or rent restrictions. Confirm the applicable HUD or Alaska Housing Finance Corporation program before setting an increase. Alaska Department of Law: rent increases, page 21

AS 34.03, read in full, sets no limit on rent and no rent control. No state law on local rent control was read for this page, so check the rules of the city or borough where the property is.

AS 34.03.010 to 34.03.380

• The Act applies to rental agreements for dwelling units anywhere in Alaska, with exclusions such as institutions, hotels and other transient lodging, and employee housing tied to work on the premises. AS 34.03.330

You may not raise rent, decrease services, or bring or threaten an eviction because the tenant complained to you of a violation of your maintenance duties, sought to enforce rights under the Act, organized or joined a tenants' union, or complained to a government agency that enforces housing, wage, price or rent controls. The Act sets no time window for this protection.

AS 34.03.310(a)

• A tenant who faces retaliation has a defense to an eviction and the remedies for unlawful ouster, including up to one and one-half times actual damages. AS 34.03.310(b) AS 34.03.210
• After a notice to quit you may still seek possession if the tenant owes rent, a code repair requires the tenant to leave, the tenant commits waste or a nuisance or uses the unit illegally or for non-residential purposes against the lease, or you in good faith seek the unit for personal use, major remodeling or demolition, removal from housing use for six months, or a sale to a buyer with such a purpose. AS 34.03.310(c)
• Bringing such an action does not release you from liability for your own noncompliance. AS 34.03.310(e)