Alaska Stat. § 34.03. § 34.03.040
Prohibited provisions in rental agreements
Operative Text
(a) A rental agreement may not provide that the tenant or landlord (1) agrees to waive or to forego rights or remedies under this chapter; (2) authorizes a person to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of any liability of the landlord or tenant arising under the law or to indemnify the landlord or tenant for that liability or the costs connected with it; (4) agrees to pay the landlord's attorney fees. (b) A provision prohibited by (a) or (c) of this section included in a rental agreement is unenforceable. If a landlord or tenant wilfully uses a rental agreement containing provisions known by the person to be prohibited, the other party may recover the amount of actual damages. (c) A rental agreement between a mobile home park operator and a mobile home park tenant may not (1) deny a tenant of a mobile home park the right to sell the tenant's mobile home within the park or require the resident or tenant to remove the mobile home from the park solely on the basis of the sale of the mobile home, nor may the mobile home park operator make a rule or regulation to the same effect, except that, within 30 days of written notice by the tenant of intent to sell the mobile home to a specified buyer, the operator or owner of the mobile home park may refuse to allow a sale for the following reasons: (A) the mobile home is in violation of laws or ordinances relating to health, safety or welfare; (B) the proposed buyer refuses to assume the same terms as are in the existing rental agreement; or (C) the proposed buyer does not have sufficient financial responsibility; (2) require a tenant to provide permanent improvements that become a part of the real property of the mobile home park owner or operator as a condition of tenancy in the mobile home park; however, the rental agreement may require the tenant to maintain existing conditions in the park; (3) require payment of any type of vendor or transfer fee either by a tenant in the mobile home park desiring to sell the tenant's mobile home to another party or by any party desiring to purchase a mobile home from a tenant in the park as a condition of tenancy; however, this paragraph does not prevent the owner or operator from applying normal park standards to prospective tenants before granting or denying tenancy or from charging a reasonable vendor or transfer fee for services actually performed if the tenant is notified in writing of the amount of those charges before agreeing to move into the park; or (4) require the prospective tenant to pay a fee to enter the mobile home park or a tenant to pay a fee to transfer the tenant's mobile home to another location outside the park; however, this paragraph does not prevent the owner or operator from charging a reasonable fee for services actually performed and if the tenant is notified in writing of the amount of those charges before agreeing to move into the park.
Alaska Statutes § 34.03.040 prohibits rental agreements from containing certain clauses that would strip either party of their legal rights. Specifically, no agreement can waive statutory rights or remedies, authorize a confession of judgment, limit or eliminate liability, require one party to pay the other's attorney fees, or—in the mobile home park context—restrict a tenant's ability to sell their home within the park or impose unlawful transfer fees. Any such clause included in a rental agreement is automatically unenforceable, and if a party knowingly uses an agreement containing prohibited terms, the other party may recover actual damages.
Plain English — not legal advice.
Under AS 34.03 § 34.03.040, compliant landlords and mobile home park operators review their lease templates carefully to ensure no clause waives tenant rights, limits landlord liability in ways the statute prohibits, or requires tenants to pay the landlord's attorney fees. Mobile home park operators additionally ensure their agreements do not restrict a tenant's right to sell their home within the park, impose unlawful transfer or vendor fees, or require permanent improvements as a condition of tenancy. Operators who knowingly include prohibited provisions expose themselves to a claim for actual damages by the affected tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 34.03 § 34.03.040 gives tenants the right to treat any prohibited lease clause—such as a waiver of statutory rights, a liability limitation, or an attorney-fee-shifting provision—as legally void and unenforceable, regardless of whether the tenant signed the agreement. Tenants in mobile home parks have additional protections, including the right to sell their home within the park without being forced to remove it solely because of the sale, and protection against unlawful transfer or entry fees. Tenants who believe a landlord or park operator knowingly used a lease containing prohibited provisions may wish to explore their options through a tenant-rights organization or by consulting with a legal aid office familiar with Alaska landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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