Notice to Landlord of Intent to Repair and Deduct from Rent for Residential from Tenant to Landlord
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 [Noncompliance by Landlord: General] 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.
Title 34, Sec. 34.03.180