Alaska Commercial Lease Agreement

Implied Covenant of Good Faith and Fair Dealing

• Like many other states, Alaska has an implied covenant of good faith and fair dealing in all its lease agreements, including commercial ones.
• It’s a general presumption that both parties will deal with each other honestly, fairly, and faithfully. It also implies that neither party will knowingly destroy the right of the other party to benefit under the agreement. This is especially essential when the initial lease agreement is set up.
• No terms should provide an unfair advantage or benefit to a single party. This can be difficult as good faith and fair dealings depend on the context of the individual lease agreement. As such, having a legal expert review your commercial lease agreement before signing is always a good idea.

Statutory Notice Periods

The state of Alaska has a few different statutory notice periods to govern various situations. They’re as follows:

• If a tenant causes significant damages to the property, the landlord can lawfully evict the tenant by giving the tenant between 24 hours and five (5) days’ notice to vacate the property.
  • Even if the tenant fixes the damage, the landlord is within their rights to continue the eviction. 

• If the tenant intentionally breaches the lease agreement’s terms, the landlord can give them ten (10) days’ notice to vacate the property. 

• If the tenant hasn’t paid their rent, the landlord can post a notice to evict. This will give the tenant seven (7) days to settle their outstanding rent before formal eviction proceedings start.
• It should be noted that tenants cannot be evicted for outstanding late fees, only the rent.

Security Deposits

• Security deposits for commercial lease agreements in Alaska have no limitations. This means landlords can charge whatever they feel is fair to secure their property.
• No regulations govern the return of the deposit, less damages, to the tenant. As such, you’ll need to refer to the terms outlined in your lease.

• Alaska also doesn’t require that the security deposit be held in an interest-bearing bank account. However, the law does prohibit security deposits from being commingled with other funds.

Disclosures

Several legal disclosures need to appear in your commercial lease agreement in Alaska. These disclosures include the following:

• Lead-based paint disclosure
• Landlord/agent ID disclosure
• Terms of the security deposit withholdings

Termination and Renewal

• Commercial lease agreements in Alaska are for a set term, usually a year or more. These fixed-term agreements will clearly state on what date the lease ends. 

• A month before the end of the lease, the tenant can choose to either apply for renewal or notify the tenant that they’ll be vacating at the end of the term. 

• If the tenant renews the lease, they’ll have a new, updated lease to sign.