Landlord's Lien

A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before March 19, 1974. (AS 34.03.250)The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if the lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within 10 days after becoming fixtures, and the lessee has an interest of record in the real estate or is in possession of the real estate; or the interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessor's interest has priority over a conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate. The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if the fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable; the conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable; the encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or the lessee has a right to remove the goods as against the encumbrancer or owner; if the lessee's right to remove terminates, the priority of the interest of the lessor continues for a reasonable time. (AS 45.12.309)

As noted, Alaska adopted provisions for the rights of the equipment lessor when goods become fixtures that vary from those provisions in UCC Article 2A-309. AS 45.12.309. A secured creditor should always obtain a subordination or waiver agreement from a landlord where goods that are collateral may be located on the leased premises. Personal property lessor should follow the same policy in order to safeguard against the transaction being characterized by a court as a secured transaction rather than a true lease.