Alaska tenant repair rights

The landlord's duty

The landlord must keep the unit fit and habitable, comply with health and safety codes, keep common areas clean and safe, maintain electrical, plumbing, heating and other facilities and appliances, provide trash receptacles, supply running water, reasonable hot water and heat, provide locks and keys if requested, and provide smoke and carbon monoxide detectors. AS 34.03.100.

How to ask for repairs

Give the landlord written notice describing the problem. For a material lease breach or a habitability problem affecting health and safety, your notice can say the lease will end on a date at least 20 days after the landlord receives it if the problem is not fixed within 10 days. For essential services (heat, water, hot water, sanitary facilities), your rights start only after you give written notice describing the breach. AS 34.03.160(a), 34.03.180(c).

Repair and deduct

Only for essential services. If the landlord deliberately or negligently fails to supply running water, hot water, heat, sanitary facilities or other essential services, you can give written notice describing the problem and then buy reasonable amounts of the missing service yourself and deduct the actual, reasonable cost from the rent (keep receipts). This does not apply if you or your guests caused the problem. AS 34.03.180(a)(1), (c).

Withholding rent

Not as a general right. For a failed essential service, after written notice you may move to reasonable substitute housing and owe no rent while the problem lasts (and charge the landlord any extra cost), or sue for the reduced rental value. In an eviction for nonpayment, you can counterclaim for the landlord's breaches; the court can reduce the rent or order you to pay rent into court until repairs are made. AS 34.03.180(a)(2)-(3), 34.03.190.

Law

AS 34.03.100, 34.03.160, 34.03.180, 34.03.190

At least 24 hours' notice of intent to enter, and entry only at reasonable times. No notice is needed in an emergency or when notice is impracticable. You may not unreasonably refuse entry to inspect, repair or show the unit. During an absence of more than 7 days, the landlord may enter when reasonably necessary. If the landlord enters unlawfully, enters in an unreasonable way, or harasses you with repeated demands, you can get a court order or end the lease on 10 days' written notice, and recover actual damages or one month's rent, whichever is greater, plus court costs and attorney fees. AS 34.03.140, 34.03.230(b), 34.03.300(b).

The landlord may not raise rent, reduce services, or bring or threaten an eviction because you complained to the landlord about violations of AS 34.03.100, tried to enforce your rights under the Act, organized or joined a tenants' union, or complained to a government agency that enforces housing codes. You get the remedies of AS 34.03.210 (up to 1.5 times actual damages) and a defense to eviction. The statute sets no presumption period. Exceptions include unpaid rent, code-required work that requires you to leave, illegal use or nuisance, good-faith owner use or sale, and rent increases justified by higher taxes or costs. AS 34.03.310.