Alaska Statutes
Alaska Stat. § 34.03.160 (2026)
Noncompliance by the landlord: General
✓ current as of July 2026
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Sec. 34.03.160. Noncompliance by the landlord: General.
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with AS 34.03.100 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate upon a date not less than 20 days after receipt of the notice if the breach is not remedied in 10 days, and the rental agreement shall terminate as provided in the notice subject to the provisions of this section. If the breach is remediable by repairs or the payment of damages or otherwise, and the landlord remedies the breach before the date specified in the notice, the rental agreement will not terminate. In the absence of due care by the landlord, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 10 days written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition 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.
(b) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or AS 34.03.100, 34.03.210, or 34.03.280.
(c) The remedy provided in (b) of this section is in addition to a right of the tenant under (a) of this section.
(d) If the rental agreement is terminated, the landlord shall return all prepaid rent or security deposits recoverable by the tenant under AS 34.03.070.
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with AS 34.03.100 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate upon a date not less than 20 days after receipt of the notice if the breach is not remedied in 10 days, and the rental agreement shall terminate as provided in the notice subject to the provisions of this section. If the breach is remediable by repairs or the payment of damages or otherwise, and the landlord remedies the breach before the date specified in the notice, the rental agreement will not terminate. In the absence of due care by the landlord, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 10 days written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition 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.
(b) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or AS 34.03.100, 34.03.210, or 34.03.280.
(c) The remedy provided in (b) of this section is in addition to a right of the tenant under (a) of this section.
(d) If the rental agreement is terminated, the landlord shall return all prepaid rent or security deposits recoverable by the tenant under AS 34.03.070.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1976–2024 · leading case: Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023).
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “62 For example, the landlord has an almost mirror-image general remedy to recover “actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “3d 66, 71 (Alaska 2000) (“Nothing in [AS 34.03.160] suggests that diminished rental value is an impermissible form of damages, when actually proved.”
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “100, the landlord cannot threaten eviction of the tenant in retaliation for the tenant's assertion of rights under AS 34.03.160 and AS 34.03.100. [25] I would reverse the trial court's directed verdict on Helfrich's statutory retaliation claim and remand for trial of that claim.”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “Thus, per AS 34.03.160(a), if the landlord fails to materially comply with the rental agreement or AS 34.”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “180(a)(1) provides: (a) If, contrary to the rental agreement of § 100 of this chapter, 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…”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “AS 34.03.160(a)-(c); AS 34.03.210. 13 . AS 34.”
McCall v. Fickes, 556 P.2d 535 (Alaska 1976). “For example, AS 34.03.160(a) allows a tenant to terminate a rental agreement on at least 20 days notice if conditions hazardous to health or safety exist on the premises.”
McManus v. The Aleutian Region Sch. Dist. (D. Alaska 2021). “§ 34.03.160 against any individual Defendant, such claims should be dismissed for failure to state a claim upon which relief can be granted.”
— Alaska Stat. § 34.03.160(a) — 6 cases
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “100, the landlord cannot threaten eviction of the tenant in retaliation for the tenant's assertion of rights under AS 34.03.160 and AS 34.03.100. [25] I would reverse the trial court's directed verdict on Helfrich's statutory retaliation claim and remand for trial of that claim.”
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “62 For example, the landlord has an almost mirror-image general remedy to recover “actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “Thus, per AS 34.03.160(a), if the landlord fails to materially comply with the rental agreement or AS 34.”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “3d 66, 71 (Alaska 2000) (“Nothing in [AS 34.03.160] suggests that diminished rental value is an impermissible form of damages, when actually proved.”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “AS 34.03.160(a)-(c); AS 34.03.210. 13 . AS 34.”
— Alaska Stat. § 34.03.160(b) — 5 cases
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “62 For example, the landlord has an almost mirror-image general remedy to recover “actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or AS 34.”
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “100, the landlord cannot threaten eviction of the tenant in retaliation for the tenant's assertion of rights under AS 34.03.160 and AS 34.03.100. [25] I would reverse the trial court's directed verdict on Helfrich's statutory retaliation claim and remand for trial of that claim.”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “3d 66, 71 (Alaska 2000) (“Nothing in [AS 34.03.160] suggests that diminished rental value is an impermissible form of damages, when actually proved.”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “Thus, per AS 34.03.160(a), if the landlord fails to materially comply with the rental agreement or AS 34.”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “180(a)(1) provides: (a) If, contrary to the rental agreement of § 100 of this chapter, 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…”
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