Alaska Stat. § 34.03. § 34.03.200
Fire or casualty damage
Operative Text
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant shall (1) immediately vacate the premises and notify the landlord of the intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate the part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b) If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under AS 34.03.070. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.
Alaska Statute AS 34.03.200 addresses what happens to a rental agreement when a dwelling unit is significantly damaged or destroyed by fire or other casualty. If the damage substantially impairs a tenant's ability to enjoy the unit, the law provides two paths: the tenant may vacate entirely and end the rental agreement as of the date of departure, or—if continued occupancy is lawful—the tenant may vacate only the unusable portion while paying reduced rent proportional to the loss in fair rental value. When a rental agreement ends under this provision, the landlord is required to return prepaid rent and any security deposit recoverable under AS 34.03.070, with all financial accounting tied to the date the casualty occurred.
Plain English — not legal advice.
Under AS 34.03.200, property owners and managers generally track the date a fire or casualty occurs, since that date governs both the termination of the rental agreement and the apportionment of rent. Compliant operators promptly assess whether continued occupancy of any portion of the unit is lawful, and they return prepaid rent and security deposits as required by AS 34.03.070 when a tenant exercises the right to terminate. Maintaining clear records of the casualty date, any communications from the tenant about vacating, and the condition of the premises helps operators administer their obligations accurately under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 34.03.200 gives tenants meaningful options when fire or casualty substantially impairs their ability to use their home: they may choose to vacate entirely and end the rental agreement as of the date they leave, or—where lawful occupancy of part of the unit remains possible—they may stay in the usable portion and pay only a proportionally reduced rent. If the agreement is terminated, tenants are entitled to the return of prepaid rent and any security deposit recoverable under AS 34.03.070, calculated from the date of the casualty. Tenants who believe a landlord has not honored these obligations may consider contacting a local tenant-rights organization or Alaska Legal Services for guidance on available enforcement paths.
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
References In
Rules and statutes that cite this regulation