Renting a home that was foreclosed in Alaska: your rights

Your rights as a renter in Alaska, in order

1. You should get the notice of default

   Within 10 days after it is recorded

   In an Alaska trustee's sale, the trustee must mail or hand deliver the notice of default to anyone actually living in the property, not only to the owner. If you get one, contact your landlord and legal aid, and read it for the sale date.

   AS 34.20.070(c)(3)

2. Federal 90-day floor

   At least 90 days after written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before the move-out date. A lease signed before the foreclosure usually runs to its end unless the buyer will live in the home, and that buyer must still give 90 days. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); Pub. L. 115-174 § 304

3. Who counts, and Section 8

   Checked when title passes

   A bona fide tenant is not the former owner or the owner's child, spouse or parent, rented in an arm's length deal, and pays rent not far below market unless a subsidy lowers it. If you have a Section 8 voucher, the new owner takes over your lease and housing contract and can end it early only if it will live there and gives 90 days' notice.

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

4. Ask who your new landlord is

   As soon as ownership changes

   Alaska requires a landlord to give tenants the name and address of the manager and an owner or agent for notices, and that duty carries over to any successor owner or manager. Ask in writing for this and for where to pay rent. Keep paying as your lease requires and keep proof of every payment.

   AS 34.03.080

5. Your security deposit

   Refund due 14 or 30 days after you move out

   Whoever holds the landlord's interest when your tenancy ends is bound by Alaska's deposit rules. The refund and an itemized list are due within 14 days after you move out with proper notice, or 30 days if damages are deducted or notice was not given. A willful failure can let you recover up to twice the amount withheld.

   AS 34.03.070(d), (f), (g)

6. No lockouts or utility shutoffs

   Any time

   If a landlord removes you or willfully cuts electric, gas, water, sanitary or other essential service, you can recover possession or end the lease and recover up to one and a half times your actual damages. If your landlord stopped paying a utility, call the utility about keeping service.

   AS 34.03.210

7. Notice to quit and a court case

   Before any eviction

   A person who wants to recover possession must first give a written notice to quit, delivered to you, left at the home or sent by registered or certified mail, in most cases. Then it must file an eviction case, called forcible entry and detainer, and win. A month to month tenancy needs at least 30 days' written notice under state law, and the federal 90 days still applies to bona fide tenants.

   AS 09.45.100; AS 34.03.290(b), (c)

Common questions in Alaska