Alaska Stat. § 34.03. § 34.03.180
Wrongful failure to supply heat, water, hot water or essential services
Operative Text
(a) If, contrary to the rental agreement or AS 34.03.100, the landlord deliberately or negligently fails to supply running water, hot water, heat, sanitary facilities, or other essential services, the tenant may give written notice to the landlord specifying the breach and may immediately (1) procure reasonable amounts of hot water, running water, heat, sanitary facilities, and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; (2) recover damages based on the diminution in the fair rental value of the dwelling unit; or (3) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance and, in addition, may recover the amount by which the actual and reasonable cost exceeds rent. (b) A tenant who proceeds under this section may not proceed under AS 34.03.160 as to that breach. (c) Rights do not arise under this section until the tenant has given written notice to the landlord. Rights do not arise under this section if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Alaska Statute AS 34.03.180 addresses situations where a landlord deliberately or negligently fails to provide essential services such as running water, hot water, heat, or sanitary facilities in violation of the rental agreement or AS 34.03.100. When this occurs, the law provides tenants with several potential remedies, including deducting the cost of self-procured services from rent, recovering damages based on reduced rental value, or obtaining substitute housing and being excused from paying rent during the period of noncompliance. These remedies are conditioned on the tenant first providing written notice to the landlord specifying the breach, and they do not apply if the tenant or someone in the tenant's household caused the problem.
Plain English — not legal advice.
Under AS 34.03.180, landlords who fail to maintain essential services such as heat, running water, hot water, or sanitary facilities — whether deliberately or through negligence — expose themselves to significant financial consequences, including rent deductions, damages claims, or the cost of substitute housing for affected tenants. Compliant operators generally maintain these services continuously in accordance with the rental agreement and AS 34.03.100, conduct regular inspections to catch service failures early, and respond promptly to any written notices from tenants identifying a breach. Keeping records of maintenance activity and service restoration efforts is a practice commonly associated with operators who manage these obligations effectively.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 34.03.180 gives Alaska tenants specific rights when a landlord deliberately or negligently fails to supply essential services like heat, hot water, running water, or sanitary facilities. To activate these rights, a tenant must first deliver written notice to the landlord describing the specific breach — without that written notice, the remedies under this section do not become available. Tenants who believe their landlord has violated this provision may consider consulting a tenant-rights organization, reviewing the available remedies under AS 34.03.180 (such as rent deduction, damages, or substitute housing), and noting that pursuing remedies under this section means the same breach cannot also be pursued under AS 34.03.160.
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.
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