Legal Question in Landlord & Tenant Law in Alaska

Do Landlords have the right to enter your home when you are not at home for a surprise inspection? Or must they inform you ether verbal or written before entering


Asked on 9/14/10, 1:57 am

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

No. They are obligated to give you advance notice of entering the premises.

AS 34.03.140, Access provides that:

"(a) The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, remove personal property belonging to the landlord that is not covered by a written rental agreement, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

...

(c) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice of intention to enter and may enter only at reasonable times and with the tenant's consent."

AS 34.03.300, Landlord and Tenant Remedies For Abuse of Access, provides that:.

"...

(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner ..., the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover an amount not to exceed the actual damages or one month's periodic rent, whichever is greater, court costs and reasonable attorney fees. If the tenant terminates the rental agreement, the tenant shall give written notice to the landlord at least 10 days before the date specified in the notice."

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Answered on 9/19/10, 7:16 am


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