Alaska Statutes
Alaska Stat. § 34.03.260 (2026)
Disposition of abandoned property
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 34.03.260. Disposition of abandoned property.
(a) Except as otherwise agreed, if, upon termination of a tenancy including but not limited to a termination after expiration of a lease or by surrender or abandonment of the premises, a tenant has left personal property upon the premises, and the landlord reasonably believes that the tenant has abandoned this personal property, the landlord may
(1) give notice to the tenant demanding that the property be removed within the dates set out in the notice but not less than 15 days after delivery or mailing of the notice, and that if the property is not removed within the time specified, the property may be sold; if the property is not removed within the time specified in the notice, the landlord may sell the property at a public sale; the landlord may dispose of perishable commodities in any manner the landlord considers fit;
(2) if the tenant has left personal property that is reasonably determined by the landlord to be valueless or of such little value that the cost of storing and conducting a public sale would probably exceed the amount that would be realized from the sale, the landlord may notify the tenant that the property be removed within the date specified in the notice but not less than 15 days after delivery or mailing of the notice, and that if the property is not removed within the time specified, the landlord intends to destroy or otherwise dispose of the property; if the property is not removed within the time specified in the notice, the landlord may destroy or otherwise dispose of the property; in the notice, the landlord shall indicate an election to sell certain items of the tenant's personal property at public sale and to destroy or otherwise dispose of the remainder.
(b) After notice as provided in (a) of this section, the landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the property, but is not responsible to the tenant for loss not caused by the landlord's deliberate or negligent act. The landlord may elect to store the property on the premises previously demised, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage.
(c) After landlord's notice under (a) of this section, or otherwise, if the tenant makes timely response in writing of an intention to remove the personal property from the premises and does not do so within the time specified in the landlord's notice or within 15 days of the delivery or mailing of the tenant's written response whichever is later, it shall be conclusively presumed that the tenant has abandoned the property. If the tenant removes the property after notice, the landlord is entitled to the cost of storage for the period the property has remained in the landlord's safekeeping.
(d) The landlord is not liable in damages in an action by a tenant claiming loss by reason of the landlord's storage, destruction, or disposition of property under this section. A landlord who deliberately or negligently violates the provisions of this section is liable for actual damages and penal damages of an amount not to exceed actual damages.
(e) A public sale authorized under this section shall be conducted under AS 09.35.140. The landlord may dispose of any property upon which no bid is made at the public sale.
(a) Except as otherwise agreed, if, upon termination of a tenancy including but not limited to a termination after expiration of a lease or by surrender or abandonment of the premises, a tenant has left personal property upon the premises, and the landlord reasonably believes that the tenant has abandoned this personal property, the landlord may
(1) give notice to the tenant demanding that the property be removed within the dates set out in the notice but not less than 15 days after delivery or mailing of the notice, and that if the property is not removed within the time specified, the property may be sold; if the property is not removed within the time specified in the notice, the landlord may sell the property at a public sale; the landlord may dispose of perishable commodities in any manner the landlord considers fit;
(2) if the tenant has left personal property that is reasonably determined by the landlord to be valueless or of such little value that the cost of storing and conducting a public sale would probably exceed the amount that would be realized from the sale, the landlord may notify the tenant that the property be removed within the date specified in the notice but not less than 15 days after delivery or mailing of the notice, and that if the property is not removed within the time specified, the landlord intends to destroy or otherwise dispose of the property; if the property is not removed within the time specified in the notice, the landlord may destroy or otherwise dispose of the property; in the notice, the landlord shall indicate an election to sell certain items of the tenant's personal property at public sale and to destroy or otherwise dispose of the remainder.
(b) After notice as provided in (a) of this section, the landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the property, but is not responsible to the tenant for loss not caused by the landlord's deliberate or negligent act. The landlord may elect to store the property on the premises previously demised, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage.
(c) After landlord's notice under (a) of this section, or otherwise, if the tenant makes timely response in writing of an intention to remove the personal property from the premises and does not do so within the time specified in the landlord's notice or within 15 days of the delivery or mailing of the tenant's written response whichever is later, it shall be conclusively presumed that the tenant has abandoned the property. If the tenant removes the property after notice, the landlord is entitled to the cost of storage for the period the property has remained in the landlord's safekeeping.
(d) The landlord is not liable in damages in an action by a tenant claiming loss by reason of the landlord's storage, destruction, or disposition of property under this section. A landlord who deliberately or negligently violates the provisions of this section is liable for actual damages and penal damages of an amount not to exceed actual damages.
(e) A public sale authorized under this section shall be conducted under AS 09.35.140. The landlord may dispose of any property upon which no bid is made at the public sale.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1989–2024 · leading case: Fyffe v. Wright, 93 P.3d 444 (Alaska 2004).
Fyffe v. Wright, 93 P.3d 444 (Alaska 2004). “The court also held that Wright, acting through Gill, “caused the destruction and disposition of the plaintiffs’ personal property” without providing notice to Fyffe, as required by AS 34.03.260. That statute provides that a landlord who fails to give notice to a tenant of…”
Mason v. Schumacher, 439 N.W.2d 61 (Neb. 1989). “See, Alaska Stat. § 34.03.260 (1985); Cal. Civ.”
James Cole & Diane Cole v. Fed. Nat'l Mortg. Ass'n (Alaska 2024). “” The complaint alleged that Fannie Mae breached AS 34.03.260 — Alaska’s Uniform Residential Landlord Tenant Act5 — by failing to 3 AS 34.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “Amanda then filed a Motion for Approval of Personal Representative’s Plan to Dispose of Abandoned Personal Property, seeking approval to follow the protocol laid out in AS 34.03.260, which governs abandoned personal property left by a tenant.”
Matyascik v. Arctic Slope Native Ass'n, Ltd. (D. Alaska 2019). “”7 Plaintiff further alleges that “[f]ollowing the termination of [his] tenancy,” defendant “converted his personal property in violation of AS 34.03.260.”8 Finally, plaintiff alleges that after defendant terminated his contract, defendant “failed to provide notice of an…”
Bryan S. Perez v. Sally O. Alhiwage (Alaska 2018). “Perez cites AS 34.03.260(a), which provides that a landlord may dispose of a tenant’s abandoned property under certain circumstances.”
— Alaska Stat. § 34.03.260(a) — 1 case
Bryan S. Perez v. Sally O. Alhiwage (Alaska 2018). “Perez cites AS 34.03.260(a), which provides that a landlord may dispose of a tenant’s abandoned property under certain circumstances.”
— Alaska Stat. § 34.03.260(d) — 2 cases
Fyffe v. Wright, 93 P.3d 444 (Alaska 2004). “The court also held that Wright, acting through Gill, “caused the destruction and disposition of the plaintiffs’ personal property” without providing notice to Fyffe, as required by AS 34.03.260. That statute provides that a landlord who fails to give notice to a tenant of…”
James Cole & Diane Cole v. Fed. Nat'l Mortg. Ass'n (Alaska 2024). “” The complaint alleged that Fannie Mae breached AS 34.03.260 — Alaska’s Uniform Residential Landlord Tenant Act5 — by failing to 3 AS 34.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.