Alaska Statewide Rule
Alaska Warranty of Habitability (AS 34.03.100)
Key Facts
- Core duty statute
- AS 34.03.100
- Remedies statute
- AS 34.03.180
- Notice to landlord
- Written, specifying breach
- Repair-and-deduct
- Reasonable cost for essential services
Summary
Alaska Stat. § 34.03.100 requires landlords to keep rental premises fit and habitable: structural repairs, clean common areas, working plumbing, heat, hot water, and essential services. Tenants who give written notice gain remedies under AS 34.03.180 including repair-and-deduct and rent abatement.
(a) The landlord shall (1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (2) keep all common areas of the premises in a clean and safe condition; (3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
Full Breakdown
AS 34.03.100 obligates the landlord to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition," keep common areas clean and safe, maintain electrical, plumbing, heating and appliances in good working order, supply running water, reasonable hot water and heat, and arrange trash removal. If the landlord deliberately or negligently fails to supply heat, water, hot water, or other essential services, AS 34.03.180 lets the tenant, after written notice specifying the breach, procure the service and deduct the reasonable cost from rent, recover damages for the reduced rental value, or procure substitute housing rent-free during the noncompliance. The landlord must be given a reasonable time to fix non-emergency defects.
Violations & Penalties
Tenant remedies include repair-and-deduct, rent abatement based on diminished rental value, substitute-housing rent credit, and termination if the breach is not cured; landlord noncompliance is also a defense to an eviction for nonpayment under AS 34.03.190.
Frequently Asked Questions
What must an Alaska landlord keep in working order?
Can I withhold rent or repair-and-deduct in Alaska?
Sources
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