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In Alaska, a sublease agreement is a legal document that officiates an agreement between a sublessor (the original tenant) and a sublessee (the incoming tenant who will replace the sublessor). These types of agreements organize the mutual understanding that the original tenant will be absent from the rental for a period of time, and the incoming tenant will take his or her place, paying rent and living in the unit for an agreed-to period of time. Sometimes this agreement may be for a month or two, but can also last for the remainder of the lease. Though the sublessee may resume rent payments and live in the rental, it is important to note that the original tenant is still responsible should any damage occur, as it is their security deposit that is still being held by the landlord. When utilizing a sublease agreement, it is vital to have the landlord’s written permission before moving forward.
A sublease contract is often referred to as a sublease contract, a sublet contract, or a residential sublease agreement.
In Alaska, sublease agreements are governed by AS 34.03.60. It states that a sublease agreement must be in writing and that it cannot be a verbal agreement. Furthermore, it is against the law for a sublease to occur without the landlord’s consent.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. If the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. In Alaska, the landlord must give consent to sublease for it to be lawful and the sublease agreement must be in writing. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
An Alaska sublease agreement should include the following sections:
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