Alaska Tenant Information

Alaska Tenant Information – Renters Rights

Alaska TENANT OBLIGATIONS

Sec. 34.03.120. Tenant obligations.

The Tenant
1. shall keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit;
2. shall dispose all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner;
3. shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
4. shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances including elevators in the premises;
5. may not deliberately or negligently destroy, deface, damage, impair, or remove a part of the premises or knowingly permit any person to do so;
6. may not unreasonably disturb, or permit others on the premises with the tenant’s consent to unreasonably disturb, a neighbor’s peaceful enjoyment of the premises;
7. shall maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095;
8. may not, except in an emergency when the landlord cannot be contacted after reasonable effort to do so, change the locks on doors of the premises without first securing the written agreement of the landlord and, immediately after changing the locks, providing the landlord a set of keys to all doors for which locks have been changed; in an emergency, the tenant may change the locks and shall, within five days, provide the landlord a set of keys to all doors for which locks have been changed and written notice of the change;
9. may not unreasonably engage in conduct, or permit others on the premises to engage in conduct, that results in the imposition of a fee under a municipal ordinance adopted under AS 29.35.125; and
10. may not allow the number of individuals occupying the premises to exceed the number allowed by applicable law, by a covenant limiting the landlord’s use of the premises, or the rental agreement.
The tenant may not knowingly engage at the premises in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises.
When terminating the tenancy, the tenant shall leave the premises in substantially the same condition, except for normal wear and tear, as the condition of the premises at the beginning of the tenancy, including, in the landlord’s discretion, professionally cleaning the carpets if the carpets were professionally cleaned immediately before the tenancy began. In this subsection, “normal wear and tear” has the meaning given in AS 34.03.070.

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

Sec. 34.03.130. Rules and regulations.

A landlord may adopt rules and regulations, which shall be posted prominently on the premises, concerning the tenant’s use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if
1. its purpose is to promote the convenience, safety, health, or welfare of the tenants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
2. it is reasonably related to the purpose for which it is adopted;
3. it applies to all tenants in the premises in a fair manner;
4. it is sufficiently explicit in its prohibition, direction, or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;
5. it is not for the purpose of evading the obligations of the landlord; and
6. the tenant has notice of it at the time the tenant enters into the rental agreement.
A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of the rental agreement.
A mobile home park operator may determine by rule or regulation the style or quality of the equipment, including but not limited to underskirting and tie-downs, to be purchased by the tenant from the vendor of the tenant’s choice; however, the operator may not require that the equipment be purchased from the operator.

Sec. 34.03.140. Access to Dwelling

The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, remove personal property belonging to the landlord that is not covered by a written rental agreement, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
The landlord may enter the dwelling unit without the consent of the tenant in the case of emergency.
A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice of intention to enter and may enter only at reasonable times and with the tenant’s consent.
The landlord does not have a right of access to the dwelling unit
1. except
  1. as permitted by this section;
  2. by court order; or
  3. as permitted by AS 34.03.230(b); or
2. unless the tenant has abandoned or surrendered the premises.

Sec. 34.03.150. Tenant to use and occupy.

Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement shall require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of seven days; however, the notice shall be given as soon as reasonably possible after the tenant knows the absence will exceed seven days.

TENANT REMEDIES

Sec. 34.03.160. Noncompliance by the landlord: General.

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.
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.
The remedy provided in (b) of this section is in addition to a right of the tenant under (a) of this section.
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.

Sec. 34.03.170. Failure to deliver possession.

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.
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.

Sec. 34.03.180. Wrongful failure to supply heat, water, hot water or essential services.

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.
A tenant who proceeds under this section may not proceed under AS 34.03.160 as to that breach.
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.

Sec. 34.03.190. Landlord’s noncompliance as defense to action for possession or rent.

In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. If a counterclaim is made, the court shall determine whether the defense is supported by the evidence and, if so, may order that
1. the periodic rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance;
2. the action be continued for a reasonable time to enable the landlord to cure the violation;
3. the tenant pay into court all or part of the rent accrued and thereafter accruing; if the violations have not been cured within six months, the court shall enter judgment for the defendant and either refund to the defendant all money deposited or use the money for the purpose of making the dwelling fit for human habitation; if the violations have been cured, the court shall determine the amount due to each party; the party to whom a net amount is owed shall be paid first from the money paid into the court, and the balance by the other party; if no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession;
4. the tenant vacate the dwelling during the making of necessary repairs, when the repairs cannot be made without vacation of the premises, the tenant to be reinstated upon completion of the repairs.
In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in (a) of this section but the tenant is not required to pay rent into court.

Sec. 34.03.200. Fire or casualty damage.

If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant shall
1. immediately vacate the premises and notify the landlord of the intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
2. if continued occupancy is lawful, vacate the part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under AS 34.03.070. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.

Sec. 34.03.210. Tenant’s remedies for landlord’s unlawful ouster, exclusion, or diminution of service.

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, sanitary, or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed one and one-half times the actual damages. If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under AS 34.03.070.

INFORMATION FOR TENANT: DEFENDING AGAINST EVICTION

A. Notice to Quit

In order to evict you, the landlord must first give you a written notice that he/she intends to end your tenancy. The notice, which is often called a “Notice to Quit,” must tell you what you can do, if anything, to remain as a tenant. See pages 5 – 6 for more information about this notice.

If you do not cure the problem or move out by the time stated in the notice, the landlord can file a complaint against you in court asking for (1) your eviction and (2) a judgment against you for money (for such things as back rent, damages to the premises, and the costs of bringing the court action) or for other remedies (such as return of personal property).

When the landlord files the complaint, the court will give the landlord a summons to serve on you.

B. Summons

Read both the summons and the complaint carefully. The summons will tell you

1. When your eviction hearing will be held, and

2. The time limit for filing a written answer to the plaintiff’s claims for rent and other damages.

The eviction and the claim for damages are two separate legal proceedings even though they are included in one complaint. You will have more time to file the answer to the damages claim than you will have to prepare for your eviction hearing. See Section D on page 15 about filing your answer.

C. Preparing for the Eviction Hearing

At the eviction hearing, the judge will decide whether you have to move out. If you want to oppose the eviction, you must attend the hearing and present your defense. You must bring with you any documents, photographs or other evidence you want the court to see and any witnesses that will testify for you. If you do not attend the hearing, the hearing will proceed without you and the judge will For additional information about the eviction process, refer to Chapter I (pages 2-4) and the Landlord Tenant Booklet (described on page 4) or talk to an attorney about your rights as a tenant. CIV-720 Eviction Booklet (8/15) 12 probably order that you be evicted. The eviction hearing is described in more detail in chapter IV on page 19.

Since this hearing is usually scheduled to happen just 2 to 4 days after you receive the summons, you will have to determine very quickly whether you have any defenses that would prevent your eviction. Some possible defenses are listed below.

1. Defenses to Eviction for Failure to Pay Rent

The following are some of the main defenses a tenant can raise if the reason for eviction is failure to pay rent. You can find out more about these defenses and others in the Landlord Tenant Booklet (PUB-30)

Defense: Rent is not owed in the amount claimed because:

a. The landlord has failed to maintain fit premises in violation of AS 34.03.100. The landlord’s failure to maintain the premises has diminished the fair rental value of the premises, which offsets the amount of rent claimed.

b. The landlord has wrongfully failed to supply heat, water, hot water, or other essential services (as required by AS 34.03.100). The tenant gave written notice to the landlord as required by AS 34.03.180(c). The tenant is entitled to a reduction in the amount of rent owed as described in AS 34.03.180.

c. The landlord has unlawfully removed or excluded the tenant from the premises, or willfully diminished essential services. The statutory damages offset the amount of rent claimed. (AS 34.03.210 & AS 34.03.170)

d. The landlord accepted the tenant’s partial payment of rent after the tenant was given the Notice to Quit. Therefore, the landlord has waived the right to terminate the rental agreement for that breach. AS 34.03.240.

e. The landlord increased the tenant’s rent (or decreased the services provided to the tenant) in retaliation because the tenant complained to the landlord about the condition of the premises or tried to enforce the tenant’s rights under the Alaska Landlord and Tenant Act. The tenant paid the amount of rent that the tenant believes he/she owes.

2. Assistance from an Attorney.

If you want to contest the eviction, it is a good idea to hire an attorney to help you or at least try to talk to an attorney to find out about your rights as a tenant and any possible defenses you can raise.

3. How to Request Postponement of the Eviction Hearing.

If you believe you have a good defense to the eviction, but need a few more days to gather your evidence or get an attorney, you must ask for a “continuance” (a postponement of the hearing). You can use form CIV- 733 to do this. Your request must show the judge that you have a good reason for delaying the hearing (for example, you need time to speak to your attorney, get receipts or locate a witness) and that you have made diligent efforts to prepare your defense.6 The judge will not grant a continuance if it appears that the need for one arises from your own delay or lack of diligence. Depending on the length of the delay you request, you may need to deposit cash or a surety bond7 with the court equal to the amount of rent due during the period of delay.

To ask for a continuance, you must file a request (called a “motion”) with the court and mail or deliver a copy of it to the plaintiff (landlord). If possible, you should do this before the hearing. If you cannot, you must bring it to the hearing along with copies for yourself and the landlord. Remember: Continuances are not automatic. You must show why a continuance is necessary. The judge will decide whether to grant the continuance.

The following instructions are for form CIV-733, Expedited Motion for Continuance and Affidavit.

a. Fill out the top of the form (the location of the court, the names of the parties and the case number) the same way the complaint is filled out.

b. Fill in the date of the eviction hearing.

c. Length of Delay Requested. Indicate how many days you want to postpone the hearing. If you request more than two days, you must be prepared to deposit cash or a surety bond with the court to cover rent that may accrue during the period of the continuance. For example, if you ask for a two-week continuance, you should be prepared to post an amount equal to two weeks’ rent; if you ask for a 30-day continuance, you should be prepared to post an amount equal to one month’s rent.

d. Reasons for Postponement. Describe why a continuance is necessary. There are two possible reasons:

(1) You need more time to consult an attorney. If you want to talk with or hire an attorney to represent you, and the attorney is unable to meet with you prior to the eviction hearing, the judge may allow a continuance. You must describe the efforts you have made to contact an attorney.

Example: I need more time to talk to an attorney. I have made the following efforts to contact an attorney: I called the Lawyer Referral Service and got the names of three lawyers: Scott Turow, John Grisham, and Susan Miller. Mr. Grisham said he would be willing to help me but not on such short notice. He needs at least a week to fit me in.

(2) You need more time to prepare to present your defense. If this is your reason for asking for a continuance, you must state what your defense is and why you need more time to prepare it. Some possible defenses are described in section 1 above (page 12).

The following is an example of how to write this in your motion:

I need more time to prepare to present the following defenses: The landlord has failed to maintain fit premises as required by AS 34.03.100.

On March 5, a pipe broke in the unit above mine, and water came through the ceiling of my living room and ruined my couch and all the books in my bookcase. I notified the landlord immediately, and the landlord had a plumber stop the leak. I was unable to use the room for the rest of the month while the ceiling was being repaired and the carpet replaced. The landlord said he would not charge me rent for that month, and now he’s trying to evict me for not paying that rent. The reasons I need more time to present these defenses are (describe why you need more time to gather evidence and/or witnesses): My neighbor, Adam Fleischman, was there when the landlord said I didn’t have to pay the rent, but now Adam is away on a job in North Dakota. Adam will be back in two weeks and can testify for me.

D. Answering the Damages Claim

In addition to asking for your eviction, the complaint will usually ask for a judgment against you for such things as past due rent, other damages “in an amount to be proved in court” and costs and attorney fees.

You must file a written answer if you

a. Disagree with the amount of rent claimed in the complaint, or

b. Disagree with the plaintiff’s claim that you have caused additional damages, or c. Have a counterclaim you want to bring against the plaintiff.

Note: The complaint does not have to specify what the additional damages are because the plaintiff may not be able to determine what the damages are until the plaintiff regains possession of the premises. In order to find out exactly what damages the plaintiff is going to claim, you must file an answer opposing the complaint. When you find out what the plaintiff is claiming as damages, you may be able to defend against the claim by arguing that the “damage” was simply ordinary wear and tear (and not the result of abusive living) or that the damage occurred before you moved in.

Also note that it is not enough to object at the eviction hearing to the amount of rent claimed. You must file a written answer if you want to avoid a default judgment against you.

Your answer must be filed within 20 days after you are served with the summons. You may use court form CIV-735, Answer To F.E.D. Complaint.

Fill out the form as follows (please type or print neatly using black ink):

Caption. Fill out the top of the form (the location of the court, the names of the parties and the case number) the same way the complaint is filled out.
Paragraph 1. This paragraph is about your eviction. If you do not oppose the eviction, check the “I ADMIT” box. If you oppose the eviction, check the “I DENY” box.
Paragraph 2(a). This paragraph is about the plaintiff’s claim for unpaid rent. If you agree that you owe the plaintiff rent, check the “I ADMIT” box and fill in the amount of money you believe you owe. If you disagree with the claim, check the “I DENY” box.
Paragraph 2(b). This paragraph is about the plaintiff’s claim for damages. If you agree that you owe the plaintiff money for damage to the property, check the “I ADMIT” box and fill in the amount of money you believe you owe. If you disagree with the claim, check the “I DENY” box.

Note: the plaintiff’s complaint may not state the amount of additional damages the plaintiff is claiming. In order to find out exactly what damages the plaintiff is going to claim, check the “I DENY” box. 5.

Paragraph 3. This paragraph is about your defenses to either the eviction or the damages claim or both. Check the box in front of any defenses you want to claim.

a. The notice to quit was improper. Explain why the notice was improper. For example, the notice did not explain what you had to do to correct the problem or give you a deadline for correcting it, or the landlord did not properly serve the notice on you. (See page 27 of the Landlord Tenant Booklet or AS 09.45.100 and .105).

b. The plaintiff refused to accept the payment I offered or refused to allow me to fix the problem.

c. The amount of rent claimed is incorrect because:

(1) Rent is not owed in the amount claimed because plaintiff has failed to provide essential services or meet other obligations under the Landlord Tenant Act. Check this box if you believe part or all of the rent is not owed because the plaintiff has failed to meet obligations. See the defenses described on page 12, section 1.

(2) The following amounts were not credited to my account: Check this box if you have proof of payment of rent (receipts) or proof that you paid to make repairs or restore essential services, and you believe that these payments should be deducted from the amount of rent owed. List and explain the amounts.

d. No damage was done to the rental property beyond ordinary wear and tear. Check this box if you believe that no damage to the rental property occurred while you lived there beyond normal wear and tear. See page 22 of the Landlord Tenant Booklet for more information about damages.

e. The rental property was fully cleaned prior to departure. Check this box if you cleaned the rental property before you left and you do not want the plaintiff to charge you for cleaning. See

page 22 of the Landlord Tenant Booklet for information about what the plaintiff can charge you (or withhold from a security deposit) for cleaning the rental property.

Paragraph 4 – Counterclaims. Complete this section if you believe the plaintiff owes you money. Write in the amount you believe the plaintiff owes you or check the box that states that the amount owed will be determined at trial. Then check the boxes in front of each reason that applies. Note: Even if you raise some of these issues at the eviction hearing (as defenses to the amount of rent owed) and you lose the argument at the eviction hearing, you can still re-litigate these counterclaims at the damages trial.

a. Plaintiff entered my home without notice or my permission _____ times, and I am entitled to statutory damages under AS 34.03.300(b) of at least one month’s rent for each unlawful entry. Check this box if the statement is true and write in the number of times the landlord unlawfully entered your home.

b. Plaintiff’s failure to maintain a habitable dwelling reduced the value of the rental property. Plaintiff failed to make the following repairs or supply the following services: Rent should be reduced to $________ per month. Check this box if the statement is true, and fill in the blanks.

c. Plaintiff has refused to return or account for the security deposit of $________ and I am entitled to the deposit and statutory damages under AS 34.03.070. Check this box if the statement is true, and fill in the blank.

d. Other. If there are any other reasons why the plaintiff owes you money, check this box and state the reasons.

Paragraph 5 – Request for Relief. Check the boxes in this section that describe what you want the court to do.
Date and sign the form. Be certain to include your mailing address and a daytime phone number.
Fill out the “Certificate of Service” box. The “date” is the day you will mail or hand-deliver a copy of your Answer to the plaintiff.
Make two photocopies of your completed Answer form. Mail or handdeliver a copy to the plaintiff (or plaintiff’s attorney) at the address provided in the summons.

If you mail your Answer, use first-class mail. Keep one copy for your records.

After completing the Answer, file the original at the court. You can file it in person in the clerk’s office or mail it using first-class mail. If mailed, be certain that it arrives within 20 days after you received the summons.

If you do not file a written answer within 20 days, the plaintiff may ask the court for a default judgment. Note: Even if you objected to the damage claim at the eviction hearing, you must still file a written answer with the court. Failure to do so may result in a default judgment against you.

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Many of the Chapters and Articles are interrelated. This not intended to be an all-inclusive overview, or the best advice in every situation. Please Consult a Lawyer for your Rights and Protection as to the laws of your State. This information is not meant to be a substitute for the advice of an Attorney.