Alaska Statutes

Alaska Stat. § 34.03.300 (2026)

Landlord and tenant remedies for abuse of access

✓ current as of July 2026

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Sec. 34.03.300. Landlord and tenant remedies for abuse of access.
Article 8. Retaliatory Action.
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover an amount not to exceed the actual damages or one month's periodic rent, whichever is greater. If the landlord terminates the rental agreement, the landlord shall give written notice to the tenant at least 10 days before the date specified in the notice.

(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover an amount not to exceed the actual damages or one month's periodic rent, whichever is greater, court costs and reasonable attorney fees. If the tenant terminates the rental agreement, the tenant shall give written notice to the landlord at least 10 days before the date specified in the notice.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1987–2023 · leading case: State v. Native Vill. of Nunapitchuk, 156 P.3d 389 (Alaska 2007).

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State v. Native Vill. of Nunapitchuk, 156 P.3d 389 (Alaska 2007). “500(a) (actions arising under Uniform Child Custody Jurisdiction & Enforcement Act-a two-way fee-shifting provision); AS 34.03.300 (actions arising out of the Uniform Residential Landlord & Tenant Act-a two-way provision awarding fees to the prevailing party); AS 46.”

Tammie Guilford v. Weidner Inv. Servs., Inc., Weidner Inv. Servs., Inc. v. Tammie Guilford, 522 P.3d 1085 (Alaska 2023). “210 (authorizing one and one-half times actual damages for unlawful ouster or deliberate interruption of essential services); AS 34.03.290(c) (authorizing landlord to recover one and one-half times actual damages if tenant remains unlawfully in possession).”

Chilton-Wren v. Olds, 1 P.3d 693 (Alaska 2000). · cites it 2× “The statutory penalty under AS 34.03.300(b) would therefore offset any rent obligation.”

Taylor v. Gill Street Investments, 743 P.2d 345 (Alaska 1987). “AS 34.03.300(b). As previously noted, Taylor never requested damages below, but did so for the first time in his brief on appeal.”

Krone v. State, Dep't of Health & Soc. Servs., 222 P.3d 250 (Alaska 2009). “500(a) (actions arising under Uniform Child Custody Jurisdiction & Enforcement Act-a two-way fee-shifting provision); AS 34.03.300 (actions arising out of the Uniform Residential Landlord & Tenant Act-a two-way provision awarding fees to the prevailing party); AS 46.”

Krone v. State, Dep. of Heal. & Soc. Ser., 222 P.3d 250 (Alaska 2009). “500(a) (actions arising under Uniform Child Custody Jurisdiction & Enforcement Act a two-way fee-shifting provision); AS 34.03.300 (actions arising out of the Uniform Residential Landlord & Tenant Act a two-way provision awarding fees to the prevailing party); AS 46.”

— Alaska Stat. § 34.03.300(b) — 2 cases

Chilton-Wren v. Olds, 1 P.3d 693 (Alaska 2000). “The statutory penalty under AS 34.03.300(b) would therefore offset any rent obligation.”

Taylor v. Gill Street Investments, 743 P.2d 345 (Alaska 1987). “AS 34.03.300(b). As previously noted, Taylor never requested damages below, but did so for the first time in his brief on appeal.”

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