I have tenants that have their son living in their garage. They have a full bed, put down rugs, a desk, computer, etc. We have told them that that was not allowed but it continues. Can you tell me where I can find rules against this and advise me on how to resolve this
I have included the relevant state and Municipal statutes and codes below for consideration. Some considerations that may impact the solution:
- Is the property in Anchorage?
- Was the maximum number of occupants defined in the rental agreement?
- Does the additional person in the garage violate the maximum occupants defined in the rental agreement? If the occupancy limit in lease is violated 10-day notice applies. see Sec. 34.03.220. Noncompliance with rental agreement Below.
- The other avenue to evict could be potentially based on your goal as a landlord to avoid "adverse conditions" found in the policy paragraph located in the Housing Maintenance and Occupancy Code below. The specific areas I have included below:15.10.080 - Minimum standards for basic equipment and facilities15.10.110 - Minimum thermal standards.15.10.130 - Maximum density, minimum space, use and location requirements.
The specific areas I have included below:
15.10.080 - Minimum standards for basic equipment and facilities
15.10.110 - Minimum thermal standards.
15.10.130 - Maximum density, minimum space, use and location requirements.
Alaska Residential Landlord Tenant Act Sec. 34.03.120. Tenant obligations.
- The tenant
10. may not allow the number of individuals occupying the premises to exceed the number allowed by applicable law, by a covenant limiting the landlord's use of the premises, or the rental agreement.Sec. 34.03.220.
Noncompliance with rental agreement;
a. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, or if there is noncompliance with AS 34.03.120, other than deliberate infliction of substantial damage to the premises or other than noncompliance as to a utility service for which the provisions of (e) of this section apply, materially affecting health and safety, the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 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; if the breach is not remedied, the rental agreement terminates as provided in the notice subject to the provisions of this section; 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; 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 of the rental agreement.
Municipality of Anchorage Code.
This chapter may be known and cited as the Housing Maintenance and Occupancy Code.
15.10.030 - Policy.
A. Legislative finding. It is hereby found that there exist and may in the future exist, within the municipality, real property, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well-being of persons and families), safety and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required.
B. Purposes. It is hereby declared that the purpose of this chapter is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chapter is to ensure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof.
C. Scope. Where a provision of this chapter is found to be in conflict with a provision of title 21, title 23, or another provision of this title, the provision, which is the more restrictive, or which establishes a higher standard, shall prevail. 1. No provision of this code may be applied to require structural alteration of existing buildings and structures if such requirements were not required under the building, electrical, fire, mechanical, plumbing or similar codes in effect at the time such buildings or structures were originally constructed.
15.10.080 - Minimum standards for basic equipment and facilities.
A. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements:
1. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following:
a. A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the appropriate authority.
b. Cabinets or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary summer conditions require refrigeration for safekeeping; and a counter or table for food preparation. Such cabinets or shelves and counter or table shall be of sound construction furnished with surfaces that are non-absorbent and that will not impart any toxic or harmful effect to food.
c. A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 40 degrees Fahrenheit but more than 32 degrees Fahrenheit under ordinary summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation; provided that such stove, refrigerator and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide such devices on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of the stove, refrigerator and/or similar devices are provided.
2. Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within the room and which is equipped with a flush water closet in good working condition. The flush water closet shall be equipped with non-absorbent surfaces, shall be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be properly connected to a sewer system which is approved by the appropriate authority.
3. Within every dwelling unit there shall be a lavatory sink. The lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority, and which provides an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved by the appropriate authority. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities.
4. Within every dwelling unit there shall be a room which affords privacy to a person within the room and which is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved by the appropriate authority. Water inlets for bathtubs shall be located above the overflow rim of these facilities unless equipped with integral backflow protection.
5. Structurally sound handrails shall be provided on any steps containing four risers or more. Porches, patios and/or balconies located more than three feet higher than the adjacent area shall have structurally sound protective guardrails or handrails.
6. Each dwelling unit shall have facilities for the safe storage of drugs and household poisons and resident will be responsible for child safety or other security locks, if needed.
7. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit.
8. No person shall let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with functioning locking devices.
9. Within every multiple dwelling or rooming house the owner shall post in a conspicuous place accessible at all times to occupants of such dwelling a legible printed or typewritten notice or legible copy that calls particular attention to the verbatim provisions of AS 34.03.100, 34.03.160 and 34.03.180 and states the name, address and current telephone number of the owner, operator, agent or other person having the authority to make repairs or provide equipment necessary to comply with the provisions of this code.
15.10.110 - Minimum thermal standards.
A. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. Every dwelling shall have heating equipment and appurtenances which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of 36 inches above floor level under ordinary winter conditions.
2. No owner or occupant shall install, operate, or use a heating device, including hot water heating units, which employs the combustion of carbonaceous fuel, which is not vented to the outside of the structure in an approved manner, and which is not supplied with sufficient air to continuously support the combustion of the fuel. All heating devices shall be constructed, installed and operated in such a manner as to minimize accidental burns. a. Space heaters which combust carbonaceous fuels not vented to the outdoors may not be used as a primary source of heat. As a temporary primary heat source non-vented space heaters may be used for a maximum of 48 hours to meet minimum thermal standards. Owners who cannot comply with the minimum thermal standards in 12 hours shall procure reasonable substitute housing for the occupant at the owner's expense until such time as the dwelling unit is fit for human habitation.
15.10.130 - Maximum density, minimum space, use and location requirements.
A. No person shall occupy or let to be occupied any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this section.
1. The maximum occupancy of any dwelling unit shall not exceed the lesser value of the following two requirements:
a. For the first occupant there shall be at least 150 square feet of floor space and there shall be at least 50 square feet of floors pace for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area in the dwelling unit. For purposes of this subsection, a child under the age of one year shall not be considered an additional occupant.
b. The total number of persons shall be no more than two times the number of habitable rooms within the dwelling unit.
B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space for the first occupant, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof, except that every room occupied for sleeping purposes by more than one occupant and containing a bunk bed shall contain at least 35 square feet of floor space for each occupant using a bunk bed and 50 square feet of floor space for each occupant not using a bunk bed.
1. Notwithstanding the foregoing, an owner does not violate this provision if the number of persons permitted to occupy the dwelling does not exceed the maximum occupants permitted under part A. of this subsection.
C. The ceiling height of any habitable room shall be at least seven feet; except that in any habitable room under a sloping ceiling at least one-half of the floor area shall have a ceiling height of at least seven feet, and the floor area of that part of such a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.
D. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement, or cellar or to the exterior of the dwelling unit.
E. Every dwelling unit shall have at least four square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.
Hope this helps,
Jerry Royse, at the helm of Royse and Associates, stands out in real estate education with over 35 years of experience teaching across 46 states and 5 countries. A seasoned educator, Jerry has trained thousands in Sales Pre-Licensing and Continuing Education, also applying his expertise as an expert witness in over 30 legal cases and successfully closing over 1100 homes as a Buyer Broker. His extensive knowledge marks him as a preeminent expert in the field.