Alaska Statutes
Alaska Stat. § 34.03.360 (2026)
Definitions
✓ current as of July 2026
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Sec. 34.03.360. Definitions.
In this chapter,
(1) “abandonment” means that the tenant has left the dwelling unit and the tenant's personal belongings in it and has been absent for a continuous period of seven days or longer without giving notice under AS 34.03.150 and has defaulted in the payment of rent;
(2) “building and housing codes” include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of a premise or dwelling unit;
(3) “dwelling unit” means a structure or a part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and includes mobile homes, and if located in a mobile home park, the lot or space upon which a mobile home is placed;
(4) “fair rental value” means the average rental rate in the community for available dwelling units of similar size and features;
(5) “good faith” means honesty in fact in the conduct of the transaction concerned;
(6) “illegal activity involving alcoholic beverages” means a person's delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the results of a local option election have, under AS 04.11.491, prohibited the Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor license or permit under AS 04;
(7) “illegal activity involving a controlled substance” means a violation of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9), or 11.71.040(a)(1), (2), or (5);
(8) “illegal activity involving gambling or promoting gambling” means a violation of
(A) AS 11.66.200, other than a social game as that term is defined by AS 11.66.280(10); and
(B) AS 11.66.210 or 11.66.220;
(9) “illegal activity involving an imitation controlled substance” means a violation of AS 11.73.010 — 11.73.030;
(10) “illegal activity involving a place of prostitution” means a violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D);
(11) “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by AS 34.03.080;
(12) “mobile home” has the meaning given to “manufactured home” in AS 45.29.102;
(13) “organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal entity;
(14) “owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership of property and a right to present use of the premises; the term includes a mortgagee in possession;
(15) “premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances in it and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(16) “prepaid rent” means that amount of money demanded by the landlord at the initiation of the tenancy for the purpose of ensuring that rent will be paid, but does not include the first month's rent or money received as security for damage;
(17) “prostitution” means an act in violation of AS 11.66.100;
(18) “rent” means the uniform periodic payment due the landlord, however denominated;
(19) “rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under AS 34.03.130 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
(20) “sanitary facility” means a flush toilet and proper drainage for all toilets, sinks, basins, bathtubs, and showers;
(21) “single family residence” means a structure maintained and used as a single dwelling unit;
(22) “tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
(23) “undeveloped rural area” means an area where public sewer or water services are not available.
In this chapter,
(1) “abandonment” means that the tenant has left the dwelling unit and the tenant's personal belongings in it and has been absent for a continuous period of seven days or longer without giving notice under AS 34.03.150 and has defaulted in the payment of rent;
(2) “building and housing codes” include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of a premise or dwelling unit;
(3) “dwelling unit” means a structure or a part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and includes mobile homes, and if located in a mobile home park, the lot or space upon which a mobile home is placed;
(4) “fair rental value” means the average rental rate in the community for available dwelling units of similar size and features;
(5) “good faith” means honesty in fact in the conduct of the transaction concerned;
(6) “illegal activity involving alcoholic beverages” means a person's delivery of an alcoholic beverage in violation of AS 04.11.010(b) in an area where the results of a local option election have, under AS 04.11.491, prohibited the Alcoholic Beverage Control Board from issuing, renewing, or transferring a liquor license or permit under AS 04;
(7) “illegal activity involving a controlled substance” means a violation of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9), or 11.71.040(a)(1), (2), or (5);
(8) “illegal activity involving gambling or promoting gambling” means a violation of
(A) AS 11.66.200, other than a social game as that term is defined by AS 11.66.280(10); and
(B) AS 11.66.210 or 11.66.220;
(9) “illegal activity involving an imitation controlled substance” means a violation of AS 11.73.010 — 11.73.030;
(10) “illegal activity involving a place of prostitution” means a violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D);
(11) “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by AS 34.03.080;
(12) “mobile home” has the meaning given to “manufactured home” in AS 45.29.102;
(13) “organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal entity;
(14) “owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership of property and a right to present use of the premises; the term includes a mortgagee in possession;
(15) “premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances in it and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(16) “prepaid rent” means that amount of money demanded by the landlord at the initiation of the tenancy for the purpose of ensuring that rent will be paid, but does not include the first month's rent or money received as security for damage;
(17) “prostitution” means an act in violation of AS 11.66.100;
(18) “rent” means the uniform periodic payment due the landlord, however denominated;
(19) “rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under AS 34.03.130 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
(20) “sanitary facility” means a flush toilet and proper drainage for all toilets, sinks, basins, bathtubs, and showers;
(21) “single family residence” means a structure maintained and used as a single dwelling unit;
(22) “tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
(23) “undeveloped rural area” means an area where public sewer or water services are not available.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1976–2025 · leading case: Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009).
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “[60] Helfrich raises no objection to the award of Rule 82 attorney's fees beyond his argument that he should have prevailed. [1] AS 34.03. [2] AS 34.03.”
Coburn v. Burton, 790 P.2d 1355 (Alaska 1990). “]" AS 34.03.360(10). 3 . The following colloquy took place: THE COURT: What about his theory that your client was walking across a common area — excuse me, a non-common area, a — apparently he’s asserting that that portion of the parking lot was assigned to McMillan.”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “AS 34.03.360(13) defines the term “rental agreement” to mean “all agreements, written or oral, .”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “AS 34.03.360(21). 14 . AS 23.30.395(19). 15 .”
McCall v. Fickes, 556 P.2d 535 (Alaska 1976). “7 Thus, while “rental agreement” is defined in AS 34.03.360 as “all agreements . embodying the terms and conditions concerning the use and occupancy of a dwelling unit .”
Alaska Teamster-Emp. Pension Trust v. Wise (In Re Wise), 120 B.R. 537 (Bankr. D. Alaska 1990). “AS 34.03.360(6) defines a “landlord” as follows: (6) “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by AS 34.”
Amyot v. Luchini, 932 P.2d 244 (Alaska 1997). “” AS 34.03.360(5). In the adverse possession context, we have defined good faith as “an honest and reasonable belief.”
Smith v. Great Am. Ins. Co., 629 P.2d 543 (Alaska 1981). “AS 34.03.360(16). We agree that premises are “rented to” a person when that person becomes a “tenant,” and that under Alaskan statutory law this occurs when that person is entitled to occupy the premises “to the exclusion of others.”
Sharpe v. Trail, 902 P.2d 304 (Alaska 1995). “4 However, AS 34.03.360(5) defines “good faith” to mean “honesty in fact in the conduct of the transaction concerned.”
In the Matter of the Est. of Kay Louise Rollison, In the Matter of the Est. of Kay Louise Rollison (Alaska 2025). “27 AS 34.03.360; UNIF. RESIDENTIAL LANDLORD & TENANT ACT § 1.”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “) -32- 1448 Nelson, Richardson, and Schoenstein, to the extent that any of them entered the Anchor Point home and left personal property in spring 2009, were not “tenants” as defined in AS 34.03.360. In March 2009, the superior court invalidated and vacated Nelson’s deed of…”
Bryan S. Perez v. Sally O. Alhiwage (Alaska 2018). “21 See AS 34.03.360(22) (defining “tenant” as “a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others”).”
— Alaska Stat. § 34.03.360(10) — 1 case
Coburn v. Burton, 790 P.2d 1355 (Alaska 1990). “]" AS 34.03.360(10). 3 . The following colloquy took place: THE COURT: What about his theory that your client was walking across a common area — excuse me, a non-common area, a — apparently he’s asserting that that portion of the parking lot was assigned to McMillan.”
— Alaska Stat. § 34.03.360(13) — 1 case
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “AS 34.03.360(13) defines the term “rental agreement” to mean “all agreements, written or oral, .”
— Alaska Stat. § 34.03.360(14) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “[60] Helfrich raises no objection to the award of Rule 82 attorney's fees beyond his argument that he should have prevailed. [1] AS 34.03. [2] AS 34.03.”
— Alaska Stat. § 34.03.360(16) — 1 case
Smith v. Great Am. Ins. Co., 629 P.2d 543 (Alaska 1981). “AS 34.03.360(16). We agree that premises are “rented to” a person when that person becomes a “tenant,” and that under Alaskan statutory law this occurs when that person is entitled to occupy the premises “to the exclusion of others.”
— Alaska Stat. § 34.03.360(21) — 1 case
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “AS 34.03.360(21). 14 . AS 23.30.395(19). 15 .”
— Alaska Stat. § 34.03.360(22) — 2 cases
Bryan S. Perez v. Sally O. Alhiwage (Alaska 2018). “21 See AS 34.03.360(22) (defining “tenant” as “a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others”).”
Ed Richardson & Dianne Nelson v. Est. of Joseph Edmond Berthelot Jr. (Alaska 2013). “) -32- 1448 Nelson, Richardson, and Schoenstein, to the extent that any of them entered the Anchor Point home and left personal property in spring 2009, were not “tenants” as defined in AS 34.03.360. In March 2009, the superior court invalidated and vacated Nelson’s deed of…”
— Alaska Stat. § 34.03.360(5) — 2 cases
Amyot v. Luchini, 932 P.2d 244 (Alaska 1997). “” AS 34.03.360(5). In the adverse possession context, we have defined good faith as “an honest and reasonable belief.”
Sharpe v. Trail, 902 P.2d 304 (Alaska 1995). “4 However, AS 34.03.360(5) defines “good faith” to mean “honesty in fact in the conduct of the transaction concerned.”
— Alaska Stat. § 34.03.360(6) — 1 case
Alaska Teamster-Emp. Pension Trust v. Wise (In Re Wise), 120 B.R. 537 (Bankr. D. Alaska 1990). “AS 34.03.360(6) defines a “landlord” as follows: (6) “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by AS 34.”
— Alaska Stat. § 34.03.360(8) — 1 case
Alaska Teamster-Emp. Pension Trust v. Wise (In Re Wise), 120 B.R. 537 (Bankr. D. Alaska 1990). “AS 34.03.360(6) defines a “landlord” as follows: (6) “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by AS 34.”
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