Alaska Statutes
Alaska Stat. § 34.03.090 (2026)
Landlord to supply possession of the dwelling unit
✓ current as of July 2026
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Sec. 34.03.090. Landlord to supply possession of the dwelling unit.
(a) At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and AS 34.03.100. The landlord may, after serving a notice to quit under AS 09.45.100 — 09.45.105 to a person who is wrongfully in possession,
(1) bring an action for possession against any person wrongfully in possession; and
(2) recover the damages provided in AS 34.03.290.
(b) The tenant shall acknowledge or verify by the tenant's signature the accuracy of the premises condition statement and contents inventory prepared under AS 34.03.020(e). The premises condition statement and contents inventory
(1) may be used by the landlord or tenant as the basis
(A) to determine whether prepaid rent or a security deposit shall be applied to the payment of damages to the premises when authorized by AS 34.03.070(b); and
(B) to compute the recovery of other damages to which the parties may be entitled under this chapter; and
(2) is, in an action initiated by a party to recover damages or to obtain other relief to which a party may be entitled under this chapter, presumptive evidence of the condition of the premises and its contents at the commencement of the term of the period of occupancy covered by the rental agreement.
(a) At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and AS 34.03.100. The landlord may, after serving a notice to quit under AS 09.45.100 — 09.45.105 to a person who is wrongfully in possession,
(1) bring an action for possession against any person wrongfully in possession; and
(2) recover the damages provided in AS 34.03.290.
(b) The tenant shall acknowledge or verify by the tenant's signature the accuracy of the premises condition statement and contents inventory prepared under AS 34.03.020(e). The premises condition statement and contents inventory
(1) may be used by the landlord or tenant as the basis
(A) to determine whether prepaid rent or a security deposit shall be applied to the payment of damages to the premises when authorized by AS 34.03.070(b); and
(B) to compute the recovery of other damages to which the parties may be entitled under this chapter; and
(2) is, in an action initiated by a party to recover damages or to obtain other relief to which a party may be entitled under this chapter, presumptive evidence of the condition of the premises and its contents at the commencement of the term of the period of occupancy covered by the rental agreement.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024).
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “170(a) provides that: If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in AS 34.03.090, rent abates until possession is delivered and the tenant may (1) upon at least 10 days written notice to the landlord terminate the rental agreement…”
— Alaska Stat. § 34.03.090(a) — 1 case
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “170(a) provides that: If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in AS 34.03.090, rent abates until possession is delivered and the tenant may (1) upon at least 10 days written notice to the landlord terminate the rental agreement…”
— Alaska Stat. § 34.03.090(b)(1)(A) — 1 case
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “170(a) provides that: If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in AS 34.03.090, rent abates until possession is delivered and the tenant may (1) upon at least 10 days written notice to the landlord terminate the rental agreement…”
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