Alaska Stat. § 34.03. § 34.03.050

Separation of rents and obligations to maintain property forbidden

In Force
Verified 10/28/2026 · Next check 11/4/2026
AlaskaProhibited Clauses

Operative Text

Alaska Stat. § 34.03. § 34.03.050
A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with AS 34.03.100(a).
Source: Legislative text reproduced verbatim
Plain English

Alaska Statute AS 34.03 § 34.03.050 establishes that no rental agreement, assignment, conveyance, trust deed, or security instrument can be used to separate the collection of rent from the landlord's duty to maintain habitable conditions as required by AS 34.03.100(a). In other words, the law treats the obligation to keep a rental property in a fit and habitable condition as inseparable from the right to receive rent. Any contractual language attempting to waive or transfer away that maintenance duty is rendered ineffective by this provision.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under AS 34.03 § 34.03.050, compliant property owners and managers understand that no lease clause, deed of trust, security instrument, or assignment can relieve them of the habitability obligations set out in AS 34.03.100(a). Operators generally review their lease agreements to ensure no language purports to waive or shift those maintenance duties to tenants. Maintaining the property in accordance with AS 34.03.100(a) is treated as a non-negotiable condition of collecting rent, regardless of how any individual agreement is worded.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

AS 34.03 § 34.03.050 means that a tenant cannot be bound by any lease term, assignment, or other instrument that strips the landlord of the duty to maintain habitable conditions under AS 34.03.100(a). If a lease contains language that appears to waive those landlord obligations, that language is generally unenforceable under this provision. Tenants who believe their landlord is relying on such a clause to avoid maintenance responsibilities may find it useful to contact a local tenant-rights organization or Alaska Legal Services for general information about available remedies.

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.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

AS 34.03.220
AS 34.03.120
AS 34.03.310
AS 34.03.225
AS 34.03.290
AS 34.03.360
AS 34.03.220
AS 34.03.310
AS 34.03.360
AS 34.03.360
AS 34.03.020
AS 34.03.100
AS 34.03.120
AS 34.03.290
AS 34.03.100
AS 34.03.290
AS 34.03.020
AS 34.03.070
AS 34.03.070
AS 34.03.020
AS 34.03.070
AS 34.03.230
AS 34.03.100
AS 34.03.070
AS 34.03.090
AS 34.03.100
AS 34.03.160
AS 34.03.070
AS 34.03.070
AS 34.03.120
AS 34.03.130
AS 34.03.150
AS 34.03.140
AS 34.03.020
AS 34.03.080
AS 34.03.150
AS 34.03.100
AS 34.03.210
AS 34.03.160
AS 34.03.080
AS 34.03.130
AS 34.03.360
AS 34.03.130

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

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