Alaska Statutes
Alaska Stat. § 34.03.180 (2026)
Wrongful failure to supply heat, water, hot water or essential services
✓ current as of July 2026
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Sec. 34.03.180. Wrongful failure to supply heat, water, hot water or essential services.
(a) If, contrary to the rental agreement or AS 34.03.100, 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 specifying the breach and may immediately
(1) procure reasonable amounts of hot water, running water, heat, sanitary facilities, and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;
(2) recover damages based on the diminution in the fair rental value of the dwelling unit; or
(3) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance and, in addition, may recover the amount by which the actual and reasonable cost exceeds rent.
(b) A tenant who proceeds under this section may not proceed under AS 34.03.160 as to that breach.
(c) Rights do not arise under this section until the tenant has given written notice to the landlord. Rights do not arise under this section if the condition was 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.
(a) If, contrary to the rental agreement or AS 34.03.100, 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 specifying the breach and may immediately
(1) procure reasonable amounts of hot water, running water, heat, sanitary facilities, and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;
(2) recover damages based on the diminution in the fair rental value of the dwelling unit; or
(3) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance and, in addition, may recover the amount by which the actual and reasonable cost exceeds rent.
(b) A tenant who proceeds under this section may not proceed under AS 34.03.160 as to that breach.
(c) Rights do not arise under this section until the tenant has given written notice to the landlord. Rights do not arise under this section if the condition was 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.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1983–2024 · 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). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “AS 34.03.180. 41 . AS 34.03.190(a)(1). 42 .”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024). “The court found that Dinh’s violation of the housing code, fire code, and his conditional use permit — including housing his 3 See AS 34.03.180 (providing that if landlord “deliberately or negligently fails to supply running water, hot water, heat, sanitary facilities, or other…”
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “AS 34.03.180. In case of fire or casualty damage, a tenant may terminate the tenancy or deduct from the rent for diminution in fair rental value.”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “AS 34.03.180(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…”
Shaw v. Nanook, Inc., 64 P.3d 131 (Alaska 2003). “Order Petition for Hearing On consideration of the Petition for Hearing filed 10/17/02, and the response filed 11/1/02, IT IS ORDERED: *132 The petition for hearing is DENIED in PART and GRANTED in Part, as follows: The petition for hearing is DENIED on the question whether…”
— Alaska Stat. § 34.03.180(a) — 2 cases
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “AS 34.03.180. 41 . AS 34.03.190(a)(1). 42 .”
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
— Alaska Stat. § 34.03.180(a)(1) — 2 cases
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
Pub. Saf. Employees Ass'n v. State, 658 P.2d 769 (Alaska 1983). “AS 34.03.180(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…”
— Alaska Stat. § 34.03.180(a)(2) — 1 case
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
— Alaska Stat. § 34.03.180(a)(3) — 1 case
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
— Alaska Stat. § 34.03.180(b) — 1 case
Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “160(b), and the special remedy for wrongful failure to supply essential services, AS 34.03.180. The latter statute provides special remedies for what can be viewed as the most serious kind of habitability violations: deliberate or 65 See actual damages, BLACK’S LAW DICTIONARY…”
— Alaska Stat. § 34.03.180(c) — 1 case
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “AS 34.03.180. 41 . AS 34.03.190(a)(1). 42 .”
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