| by Kenneth Chase | No comments

05. Apartment Rules (Conversations about Landlord Tenant Law in Alaska)


[MUSIC PLAYING] The landlord gave me this sheet
with all these apartment rules, but they aren’t in the lease. Do I still need to follow all of them? Yes. Landlords are allowed to create
reasonable apartment rules, and these are generally
considered part of the lease. If you don’t follow the rules,
you could be evicted. Not all rule violations will justify eviction, but you might not know which
ones until you go to court, and then it could be too late to fix things. What are some of the restrictions
on apartment rules? Apartment rules are supposed
to promote the health, safety, and welfare of the tenants, or to help protect the landlord’s
investment in the property. They must be written clearly and
a copy provided to the tenant at the time the tenant moves in. A landlord cannot use apartment rules
to avoid his or her legal obligations. Can the landlord have different rules
for me than for other tenants? No. The apartment rules must be
applied the same to everyone. Moreover, the landlord cannot make substantial
changes to the apartment rules during the period of the lease agreement, though minor changes are permitted. So what are some of the things that are
normally contained in apartment rules? One of the big ones is pets. Landlords are not legally required
to allow you to have a pet other than a medically necessary
service or therapeutic animal. If landlords do choose to
allow tenants to have pets, they can place restrictions on
the number, type, and size of pets. Landlords can also require you to pay
an additional security deposit to have a pet. If you think you might want to have a pet, this is definitely something you should
clarify with the landlord before you move in, and make sure it is in the lease. You can be evicted for
having an unauthorized pet. Well, what about smoking? Even though you have a legal right to smoke, this does not mean that you have a legal right
to smoke in your apartment. This includes marijuana. If the lease says you cannot
smoke in your apartment, it would be a lease violation to do so, and potentially you could be evicted. Can the landlord prevent me from
having a relative or girlfriend or boyfriend or some other
friend come live with me? Check your lease. Many leases include limits on the number of days
guests can stay in your apartment. And yes, this applies to
boyfriends or girlfriends, too. If you have someone staying in your
apartment in violation of your lease, the landlord might be able to evict you. Your landlord may be willing to let you have
a relative or friend visiting from out of town stay longer
than otherwise allowed by the lease, but make sure you talk to your landlord first, and get permission in writing if you can. Anything else? A lot of landlords have restrictions on noise, especially the hours in which you can make noise, or on how to dispose of your garbage, or where to park your car. Really, there can be a wide scope of apartment rules. Wow. Sounds like there are a lot of reasons
why a landlord could evict a tenant. Does the landlord have to give
the tenant the opportunity to fix any violations
of apartment rules? Yes. Before the landlord can evict a tenant
for violating apartment rules or a lease term, the landlord must give the tenant a written notice clearly stating what rule was violated — this is known as a “notice to quit” — and give the tenant 10 days to fix the problem. If the tenant does not fix the
rule violation within the 10 days, the landlord can file an eviction case in court. I should also add that this is
only for first-time violations. If you have committed the same lease violation
within the previous six months, then the landlord does not need
to give you a chance to fix the situation and can evict you with only a five-day notice. OK, then. I guess I’d better pay attention
to the apartment rules. That would be a good idea. [MUSIC PLAYING]

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