Alaska Statutes
Alaska Stat. § 34.03.100 (2026)
Landlord to maintain fit premises
✓ current as of July 2026
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Sec. 34.03.100. Landlord to maintain fit premises.
(a) The landlord shall
(1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(2) keep all common areas of the premises in a clean and safe condition;
(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(4) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;
(5) supply running water and reasonable amounts of hot water and heat at all times, insofar as energy conditions permit, except where
(A) the building that includes the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; or
(B) the premises do not have a well or water provided by a direct public utility connection and the rental agreement specifically states that the duty of the landlord to supply running water or hot water to the premises is waived by the tenant;
(6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant's person and property; and
(7) provide smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.
(b) A landlord of a single family residence located in an undeveloped rural area or located where public sewer or water service has never been connected is not liable for a breach of (a)(3) or (5) of this section if the dwelling unit at the beginning of the rental agreement did not have running water, hot water, sewage, or sanitary facilities from a private system.
(c) The landlord and tenant of a one- or two-family residence may agree in writing that the tenant perform the landlord's duties specified in (a)(4), (5), (6), and (7) of this section. A tenant may agree to perform the duties specified in (a)(3) of this section in rental units where the rent exceeds $2,000 a month. They may also agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the tenant may not agree to maintain elevators in good and safe working order. Agreements are allowed under this subsection only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord and tenant of a dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if
(1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set out in a separate writing signed by the parties and supported by adequate consideration; and
(2) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(e) The landlord may not treat performance of a separate agreement described in (d) of this section as a condition to an obligation or performance of a rental agreement.
(a) The landlord shall
(1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(2) keep all common areas of the premises in a clean and safe condition;
(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(4) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;
(5) supply running water and reasonable amounts of hot water and heat at all times, insofar as energy conditions permit, except where
(A) the building that includes the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; or
(B) the premises do not have a well or water provided by a direct public utility connection and the rental agreement specifically states that the duty of the landlord to supply running water or hot water to the premises is waived by the tenant;
(6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant's person and property; and
(7) provide smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.
(b) A landlord of a single family residence located in an undeveloped rural area or located where public sewer or water service has never been connected is not liable for a breach of (a)(3) or (5) of this section if the dwelling unit at the beginning of the rental agreement did not have running water, hot water, sewage, or sanitary facilities from a private system.
(c) The landlord and tenant of a one- or two-family residence may agree in writing that the tenant perform the landlord's duties specified in (a)(4), (5), (6), and (7) of this section. A tenant may agree to perform the duties specified in (a)(3) of this section in rental units where the rent exceeds $2,000 a month. They may also agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the tenant may not agree to maintain elevators in good and safe working order. Agreements are allowed under this subsection only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord and tenant of a dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if
(1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set out in a separate writing signed by the parties and supported by adequate consideration; and
(2) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(e) The landlord may not treat performance of a separate agreement described in (d) of this section as a condition to an obligation or performance of a rental agreement.
Notes of Decisions
Cited in 23
cases (8 in the last 5 years), 1978–2025 · leading case: Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009).
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “We affirm the superior court’s findings that the landlord failed to maintain the premises in a habitable condition as required under AS 34.03.100 and willfully1 diminished the tenant’s essential services under AS 34.”
Bolt v. United States, 509 F.3d 1028 (9th Cir. 2007). “Alaska imposes a statutory duty on civilian landlords to "keep all common areas of the premises in a clean and safe condition," Alaska Stat. § 34.03.100 (a)(2), a duty that includes an obligation to remove snow and ice, see Coburn v.”
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “2 She alleged that Weidner had breached its duty under AS 34.03.100 to maintain the premises in a “fit and habitable condition,” that it was trying to evict her in response to her complaints, that it failed to return her security deposit, and that it fraudulently added charges…”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “160(a), if the landlord fails to materially comply with the rental agreement or AS 34.03.100 in a way that materially affects health and safety, the tenant may choose to terminate the rental agreement, but only after giving written notice.”
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979). “Alaska —Alaska Stat. §§ 34.03.100, 34.03.160, 34.”
Coburn v. Burton, 790 P.2d 1355 (Alaska 1990). “In so ruling the superior court relied on AS 34.03.100(d)(1), which provides that a landlord delegating “maintenance tasks” to the tenant may do so only by executing a separate, signed writing independent of the lease, supported by “adequate consideration.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978). “Alaska: Alaska Stat. §§ 34.03.100 , 34.03.160, 34.”
Evvie Punches v. McCarrey Glenn Apts. LLC & Weidner Prop. Mgmt. LLC, 480 P.3d 612 (Alaska 2021). “” 2 AS 34.03.100(a)(1), (3) (requiring landlord to keep premises in “fit and habitable condition” including making necessary repairs).”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “The third count of the complaint alleges that the state violated provisions of URLTA. Particularly, PSEA alleges that the failure of the state to adequately maintain the dwellings violated the landlord’s obligations to maintain fit premises under AS 34.”
Newton v. Magill, 872 P.2d 1213 (Alaska 1994). “The duty of a tenant is to “keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit[s].” AS 34.03.120(1). This obligation exists as part of the same statute which defines the landlord’s obligation to “make all…”
Heynen v. Fairbanks, 293 P.3d 470 (Alaska 2013). “AS 34.03.100 imposes a duty on landlords to "maintain fit premises.”
— Alaska Stat. § 34.03.100(a) — 5 cases
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “2 She alleged that Weidner had breached its duty under AS 34.03.100 to maintain the premises in a “fit and habitable condition,” that it was trying to evict her in response to her complaints, that it failed to return her security deposit, and that it fraudulently added charges…”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “We affirm the superior court’s findings that the landlord failed to maintain the premises in a habitable condition as required under AS 34.03.100 and willfully1 diminished the tenant’s essential services under AS 34.”
Brigdon v. Lamb, 929 P.2d 1274 (Alaska 1997).
A.L. Cozzetti v. Ray Madrid & All Occupants (Alaska 2017).
— Alaska Stat. § 34.03.100(a)(1) — 6 cases
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
Evvie Punches v. McCarrey Glenn Apts. LLC & Weidner Prop. Mgmt. LLC, 480 P.3d 612 (Alaska 2021). “” 2 AS 34.03.100(a)(1), (3) (requiring landlord to keep premises in “fit and habitable condition” including making necessary repairs).”
Newton v. Magill, 872 P.2d 1213 (Alaska 1994). “The duty of a tenant is to “keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit[s].” AS 34.03.120(1). This obligation exists as part of the same statute which defines the landlord’s obligation to “make all…”
Virgil A. Adams v. State of Alaska, Workers' Comp. Benefits Guar. Fund; Michael A. Heath d/b/a O&M Enter.; & the Michael A. Heath Trust, 467 P.3d 1053 (Alaska 2020).
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “The third count of the complaint alleges that the state violated provisions of URLTA. Particularly, PSEA alleges that the failure of the state to adequately maintain the dwellings violated the landlord’s obligations to maintain fit premises under AS 34.”
— Alaska Stat. § 34.03.100(a)(2) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(a)(3) — 3 cases
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
Marco Flores in his Pers. capacity & as Pers. Rep. of the Est. of Angelica Rangel Flores v. Norma Russell (Alaska 2023).
— Alaska Stat. § 34.03.100(a)(4) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(a)(5) — 2 cases
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(a)(6) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(a)(7) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(a2a)(2) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(b) — 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes.”
— Alaska Stat. § 34.03.100(c) — 2 cases
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “2 She alleged that Weidner had breached its duty under AS 34.03.100 to maintain the premises in a “fit and habitable condition,” that it was trying to evict her in response to her complaints, that it failed to return her security deposit, and that it fraudulently added charges…”
Yong Kang v. Mullins, 420 P.3d 1210 (Alaska 2018).
— Alaska Stat. § 34.03.100(d)(1) — 1 case
Coburn v. Burton, 790 P.2d 1355 (Alaska 1990). “In so ruling the superior court relied on AS 34.03.100(d)(1), which provides that a landlord delegating “maintenance tasks” to the tenant may do so only by executing a separate, signed writing independent of the lease, supported by “adequate consideration.”
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