Alaska Agreed Termination of Lease and Surrender of Premises
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FAQ
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Yes, Alaska is a generally landlord friendly state because landlords are allowed to charge what they wish for rent and do not have many restrictions on evictions for illegal acts.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Several ways to break a lease and possibly avoid paying high fees include:Finding a permanent replacement. In many states, a landlord is required to look for a new tenant once the current tenant informs them that they would like to break the lease.Subletting the unit.Negotiating with your landlord.
If you have a lease agreement normally you cannot terminate your tenancy unless your landlord is in breach of his/her obligations, there is a break clause in your lease or both you and your landlord agree at the time to end the tenancy.
Termination and forfeiture. Forfeiture is the landlord's right to terminate a lease in any of the following circumstances: There is an express contractual right to do so upon a tenant's breach of a term or covenant in the lease.
Alaska tenants must provide written notice for the following lease terms:Notice to Terminate a Week-to-Week Lease. 14 days written notice from either the landlord or the tenant is required (AS 34.03.Notice to Terminate a Month-to-Month Lease.
