Alaska Statutes
Alaska Stat. § 34.03.170 (2026)
Failure to deliver possession
✓ current as of July 2026
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Sec. 34.03.170. Failure to deliver possession.
(a) 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 and upon termination the landlord shall return all prepaid rent and security deposits; or
(2) demand performance of the rental agreement by the landlord and if the tenant elects, maintain an action for possession of the dwelling unit against the landlord and any person wrongfully in possession and recover the damages sustained.
(b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved tenant may recover from that person an amount not to exceed one and one-half times the actual damages.
(a) 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 and upon termination the landlord shall return all prepaid rent and security deposits; or
(2) demand performance of the rental agreement by the landlord and if the tenant elects, maintain an action for possession of the dwelling unit against the landlord and any person wrongfully in possession and recover the damages sustained.
(b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved tenant may recover from that person an amount not to exceed one and one-half times the actual damages.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2007–2024 · 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). “We reverse the court’s conclusion that the tenants can recover for the landlord’s failure to deliver possession under AS 34.03.170. We affirm aspects of the court’s award of damages, but reverse those awards that are not supported by the record.”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “AS 34.03.170(a) (stating that if landlord fails to deliver possession, tenant need not pay rent until possession is delivered, and may terminate lease with ten days written notice).”
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.170. If a landlord wrongfully fails to supply heat, water, hot water, or essential services, a tenant may deduct from the rent reasonable cost of replacement services, diminution in fair rental value, and substitute housing if necessary.”
— Alaska Stat. § 34.03.170(a) — 2 cases
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “AS 34.03.170(a) (stating that if landlord fails to deliver possession, tenant need not pay rent until possession is delivered, and may terminate lease with ten days written notice).”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “We reverse the court’s conclusion that the tenants can recover for the landlord’s failure to deliver possession under AS 34.03.170. We affirm aspects of the court’s award of damages, but reverse those awards that are not supported by the record.”
— Alaska Stat. § 34.03.170(b) — 1 case
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “We reverse the court’s conclusion that the tenants can recover for the landlord’s failure to deliver possession under AS 34.03.170. We affirm aspects of the court’s award of damages, but reverse those awards that are not supported by the record.”
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