An Alaska sublease agreement is a document the original tenant uses to rent property to a new tenant (or “subtenant”) for a portion of their existing lease. The new tenant is responsible for paying the original tenant (or “sublessor”) on time and is bound by the same terms established in the original lease.
Once you’ve filled out the document, you will effectively be the landlord for your subtenant. This means you must honor the terms of the sublease agreement (as well as the original lease) and follow all state laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Laws & Requirements
Sublease and Assignment Provision Laws: Alaska Statutes § 34.03.060.
Landlord-Tenant Laws: Title 34, Chapter 3 (Uniform Residential Landlord and Tenant Act).
Security Deposit Obligations: The security deposit must be returned within 14 days of the end of the sublease or 30 days if the deposit is being used for rent owed or property repairs.
Notices: In Alaska, sublessors must provide subtenants seven days’ written notice to pay rent or leave. They also need to give 30 days’ written notice of the intent not to renew the sublease and the original lease.
Permission to Sublet
Under state law, tenants are not automatically granted the right to sublease their rental units. Instead, they must obtain explicit, written permission from their landlord.
- Laws: The potential subtenant is required to sign and submit their application to the landlord, who must respond in writing within 14 days to indicate whether the application has been accepted. If the landlord does not respond within 14 days, consent is considered to be granted (§ 34.03.060).
- Explicit Written Consent: Yes. If the consent was not included in the lease, the landlord retains the right to deny future requests.
- Landlord’s Right to Reject: If the landlord rejects the subtenant, they must provide a legally acceptable reason (e.g. the prospective sublessee does not meet the credit requirements or they plan to have pets).
Tax Obligations
Lodgings Tax
- Alaska does not impose state sales or lodging taxes; these are managed locally by individual cities or boroughs.
- Short-term rentals are generally defined as rentals lasting less than 30 or 31 days, but this definition can vary depending on the location.
- Sitka short-term rentals, for instance, have a duration of 14 days or less.