Free Alaska Sublease Agreement

A sublease puts another person in your Alaska rental while your own name stays on the rental agreement and your own obligations stay where they are. In most states the next paragraph would tell you to go and read your lease. In Alaska the statute goes considerably further than that: AS 34.03.060 prescribes what the applicant must submit, caps the reasons a landlord may give for refusing, and puts a fourteen-day clock on the answer.

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It gives you a decision, on a deadline, measured against a fixed list. That is a great deal more than most states supply, and it is worth using rather than working around. What the section does not do is release you: AS 34.03.060 says nothing about the original tenant’s continuing liability in either direction, so a consent is a permission and not a substitution. The section also states no penalty of its own for subletting without consent — that consequence arrives through the general breach provision, AS 34.03.220. And the section draws no line between fixed-term and periodic tenancies: it speaks of “the rental agreement” generally, with no separate rule for month-to-month subletting.

• The full address of the unit and the names of the original tenant and the subtenant, matching the names on the original rental agreement.
• The exact start and end dates of the sublease, ending on or before the last day of your own term.
• The rent, the due date, who it is paid to and by what method — the money chain is what most sublease disputes turn on.
• The deposit: whether one is taken, who holds it, and the conditions for returning it.
• The consent position: whether the landlord’s written consent was obtained, was requested and is awaiting an answer, or was not required by the original rental agreement — with the date.
• Where consent arose from the conclusive presumption in AS 34.03.060(f) rather than from a signed consent, say so in your own words in the agreement or an attached note, and keep the dated AS 34.03.060(c) offer and its proof of delivery with your copy. Those documents live outside the sublease and are what establish the presumption.
• An acknowledgment that the original tenant remains answerable to the landlord under the original rental agreement, since nothing in AS 34.03.060 releases the tenant.
• Which obligations of the original rental agreement the subtenant is taking on, stated item by item rather than by cross-reference.
• Utilities, heat and fuel, parking, storage, and any furnishings left in the unit.
• What happens if your own tenancy ends early, including on a notice to quit, and how the subtenant is told — because AS 34.03.220(f) leaves that subtenant with no rights of their own under the chapter.
• Signatures and dates from both parties, plus the landlord’s written consent where one was given.

• Asking for permission in the abstract. AS 34.03.060(c) is built around a named prospective occupant delivering a signed written offer. A vague request to “sublet at some point” starts no clock, because nothing has been delivered for the fourteen days to run from.
• Letting the applicant leave items out of the offer. Subsection (c) lists six categories of information the written offer must contain. An offer missing the three years of prior landlords, or the two credit references, is not the document the statute describes.
• Sending the offer in a way you cannot later date. Both the (d) rejection window and the (f) presumption are measured from delivery of the written offer. The delivery date is the single most important fact in the whole process.
• Accepting a refusal that names no listed ground. Subsection (e) is explicit: where the written rejection fails to contain one or more grounds permitted by (d), the tenant may consider consent given, or may terminate the rental agreement on written notice at least thirty days before the termination date named in it.
• Assuming a lease clause can add a reason. Subsection (b) says consent may be withheld only on the (d) grounds and that “no further restrictions on sublease or assignment are enforceable.” A refusal reason invented outside the list does not become one by being written down first.
• Treating consent as a release. Nothing in AS 34.03.060 relieves the original tenant of anything. Your landlord permitting the sublease is not your landlord letting you go, and rent that does not arrive still reaches you.
• Moving someone in first and papering it afterwards. An unauthorized sublet is material noncompliance with the rental agreement, and AS 34.03.220(c) lets the landlord recover actual damages and obtain injunctive relief for noncompliance.
• Assuming the subtenant has protections of their own. AS 34.03.220(f) provides that a person whose use of the premises is based solely on rights acquired by a tenant, and who has not individually acquired the rights of a tenant, does not acquire rights under the chapter by being present on the premises.

By default, yes — but the permission comes with strings attached to the landlord rather than to you. Alaska’s residential landlord-tenant act is AS 34.03, and it contains a section written for exactly this question: AS 34.03.060, captioned “Sublease and assignment.” It has six subsections and every one of them does work.

Subsection (a) states the default rule in a single line: “unless otherwise agreed in writing, the tenant may not sublet the premises or assign the rental agreement to another without the landlord’s consent.” Two things are worth noticing already. The rule covers assignment as well as sublease, which many lease clauses treat as one idea and the statute treats as two. And the default is moveable — the opening words contemplate a written agreement saying something else.

Then subsection (b) does something most states never attempt. It provides that the tenant’s right to sublease the premises or assign the rental agreement “shall be conditioned on obtaining the landlord’s consent, which may be withheld only upon the grounds specified in (d) of this section; no further restrictions on sublease or assignment are enforceable.” The consent power exists, and then it is immediately bounded. There is a list, the list is in (d), and the statute closes the door behind it.

Alaska does not leave the application to custom or to whatever form the landlord happens to use. Subsection (c) prescribes it. Where the rental agreement requires the landlord’s consent for sublease or assignment, “the tenant may secure one or more persons who are willing to occupy the premises. Each prospective occupant shall make a written offer signed and delivered by the prospective occupant to the landlord,” containing the following information on the prospective occupant:

(1) name, age, and present address; (2) marital status; (3) occupation, place of employment, and name and address of employer; (4) number of all other persons who would normally reside with the prospective occupant; (5) two credit references, or responsible persons who will confirm the financial responsibility of the prospective occupant; and (6) names and addresses of all landlords of the prospective occupant during the prior three years.

Three practical consequences follow from the wording. First, the offer is made, signed and delivered by the prospective occupant, not by you on their behalf — the statute puts the applicant’s own signature on the document. Second, the statute contemplates more than one candidate: the tenant “may secure one or more persons,” and each of them makes an offer. Third, the six items are not a suggested outline. They are what the offer is required to contain, and a landlord faced with an incomplete offer has an obvious argument that the document which starts the clock has not yet been delivered.

The information in that offer is, not coincidentally, the information a landlord would gather in an ordinary screening. The difference is that here the categories come from the statute rather than from the landlord’s preferences — and the offer is a separate document from the sublease itself. Draft it, date it, and keep a copy; the sublease agreement records the deal, not the application that preceded it.

Subsection (d) sets both the deadline and the closed list at once. “Within 14 days after the written offer has been delivered to the landlord, the landlord may refuse consent to a sublease or assignment by a written rejection signed and delivered by the landlord to the tenant, containing one or more of the following reasonable grounds for rejecting the prospective occupant.”

The grounds are: (1) insufficient credit standing or financial responsibility; (2) number of persons in the household; (3) number of persons under 18 years of age in the household; (4) unwillingness of the prospective occupant to assume the same terms as are included in the existing rental agreement; (5) proposed maintenance of pets; (6) proposed commercial activity; or (7) written information signed by a previous landlord, which shall accompany the rejection, setting out abuses of other premises occupied by the prospective occupant.

Ground (7) carries its own evidentiary requirement, which is easy to miss on a first reading. A landlord relying on a previous landlord’s account of abuses must supply that written information, signed by the previous landlord, with the rejection. The statute says it “shall accompany the rejection.” A refusal that reports what a previous landlord is said to have told someone, without the signed writing attached, is not the document (d)(7) describes.

Notice too what is not on the list. There is no general ground of landlord preference, no “we do not allow subletting,” no ground based on the tenant’s reason for leaving, and nothing about the length of the proposed sublease. Subsection (b) has already said that grounds outside (d) may not be used and that further restrictions are unenforceable. The list is the universe of permitted answers.

Subsections (e) and (f) are the enforcement half of the section, and they are unusually blunt.

Take silence first. Subsection (f): “if the landlord does not deliver a written rejection signed by the landlord to the tenant within 14 days after a written offer has been delivered to the landlord by the tenant, the landlord’s consent to the sublease or assignment shall be conclusively presumed.” Four elements have to be present for a rejection to stop that clock — it must be written, signed by the landlord, delivered to the tenant, and delivered inside the fourteen days. Miss any of them and the statute does not merely infer consent; it presumes it conclusively.

Now take a rejection that arrives on time but says nothing the statute allows. Subsection (e): “in the event the written rejection fails to contain one or more grounds permitted by (d) of this section for rejecting the prospective occupant, the tenant may consider the landlord’s consent given, or at the tenant’s option may terminate the rental agreement by a written notice given without unnecessary delay to the landlord at least 30 days before the termination date specified in the notice.”

That is a choice, and it belongs to the tenant. You may proceed on the footing that consent was given, or you may treat the whole tenancy as one you no longer want and end it on written notice with at least thirty days before the termination date you name — and the notice has to be given without unnecessary delay, so the option is not one to sit on for a season. If leaving is what you are actually contemplating, our guide to breaking a lease in Alaska sets out how that decision sits alongside the other exit routes.

AS 34.03.060 states no penalty of its own. An unauthorized sublet or assignment is a breach of the rental agreement, and it travels to the landlord’s remedies through the general noncompliance provision, AS 34.03.220. It is worth being precise about that route: nothing in AS 34.03.220 uses the word “sublet.” The subsection reaches an unauthorized sublease as ordinary material noncompliance by the tenant with the rental agreement, in the same way it would reach any other breach of a lease term.

AS 34.03.220(a)(2) provides that if there is a material noncompliance by the tenant with the rental agreement — other than deliberate infliction of substantial damage and other than the utility situation dealt with in AS 34.03.220(e) — the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 through AS 09.45.110, “specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate on a date not less than 10 days after service of the notice.”

The cure right is in the same sentence: “if the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.” For an unauthorized sublease the obvious remedies are the two you would expect — ending the arrangement, or obtaining the consent that should have come first, which in Alaska means running the (c) offer and the (d) window properly.

The second time is not the same. The subsection continues: in the absence of due care by the tenant, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least five days’ written notice to quit specifying the breach and the date of termination. The ten days and the cure right belong to the first notice.

Two honest boundaries belong here rather than in a footnote. The first: AS 34.03.220(a)(2) names AS 09.45.100 through AS 09.45.110 for the notice to quit, and those sections sit in Title 9 rather than in the landlord-tenant chapter. The mechanics of service — who may serve the notice, in what manner, and when service is treated as complete — live there, and this page does not describe them. Our guide to Alaska eviction notice laws is the place to start on the notice itself.

The second: the sentence in AS 34.03.220(a)(2) has two branches — noncompliance with the rental agreement, and noncompliance with AS 34.03.120 — and the qualifier “materially affecting health and safety” sits at the end of it. Whether that qualifier limits both branches or only the second is a question of statutory construction, and no Alaska case law was consulted for this page. What is set out above is the statutory reading of the ten-day cure route, not a litigated holding, and a tenancy that actually reaches a notice is a tenancy that has reached the point of getting advice.

On money and orders, AS 34.03.220(c) is short and general: “except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.03.120.” Actual damages, and the possibility of an injunction — the statute names no figure and neither does this page.

This is the provision to show anyone who is about to move in on a handshake. AS 34.03.220(f) provides that “a person whose use of premises is based solely on rights acquired by a tenant, and who has not individually acquired the rights of a tenant under this chapter, does not acquire rights under this chapter as a result of being present on the premises.”

Read against the rest of the chapter, that is a serious limitation. A subtenant whose only claim to be there is your tenancy is not, by that fact alone, a tenant under AS 34.03 — and the chapter’s protections are written for tenants. The practical answer is not to leave the arrangement informal but to make it a real one: run the AS 34.03.060(c) offer properly, get the consent or let the fourteen days produce it, and write the sublease down so that the subtenant’s rights against you are at least clear even where the chapter’s own protections do not attach to them directly.

In a sublease you sit in both roles at once: tenant to your landlord under the original rental agreement, and the person your subtenant deals with under the sublease. Nothing in AS 34.03.060 addresses deposits between a tenant and a subtenant, so this page does not assert a rule that the verified record does not contain. What is plainly sensible is to keep the two arrangements separate on paper. Your own deposit with your landlord continues untouched by the sublease. Anything your subtenant pays you is a distinct sum, and the sublease should say what it is, who is holding it, what may be taken from it and what returns it. Alaska’s rules on deposits in the ordinary landlord-tenant relationship are set out in our guide to Alaska security deposit laws, which is worth reading from the landlord’s side of the page before you accept anyone’s money.

Everything above comes from the text of AS 34.03 as published by the Alaska State Legislature, and a few boundaries are worth stating plainly instead of leaving you to find them. The chapter text used here identifies itself as Alaska Statutes 2025, so an amendment from a later session would not appear. The service mechanics of a notice to quit live in AS 09.45.100 through AS 09.45.110 and were not read for this page; the cross-reference is named above and nothing about how service is carried out is described. The construction question in AS 34.03.220(a)(2) about the reach of “materially affecting health and safety” is left open, because it is a case-law question and no case law was consulted. Mobile home park tenancies carry their own termination provisions in the chapter that were not separately examined for a sublet rule. And AS 34.03.060 draws no distinction between a fixed term and a month-to-month tenancy — it speaks of “the rental agreement” throughout — so no separate periodic rule is stated here, because none was found. For a tenancy in any of those categories, or for a written agreement whose sublet clause you cannot read confidently against subsection (b), the sublease is a good moment to get advice rather than a good moment to guess.

Everything above turns on one instrument, because Alaska’s grounds for refusal are a closed list. But a sublease is rarely the only decision on the table. If what you actually want is out of the tenancy rather than a stand-in inside it, the routes and their costs are set out in our guide to breaking a lease in Alaska, and on these facts that is sometimes the cleaner answer.

Two disputes follow a sublease more often than any others, and both have their own Alaska rules. The money one is usually the deposit — and in a sublease you are on both sides of it, holding your subtenant’s while your own landlord holds yours, so Alaska security deposit laws are worth reading in both directions before you sign anything.

The other is possession. You are the landlord of the sublease relationship, so the notice periods and procedures in Alaska eviction notice laws are as likely to be yours to use as to be used against you.

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