Alaska legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Alaska Implied Warranty of Habitability
In Alaska, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Alaska
Note: Check local city/county laws and ordinances for additional requirements. Additionally, Alaska lets landlords and tenants modify many default rules with a specific written agreement, especially for single-family homes or expensive rentals. Check leases carefully.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Yes |
| Washer & Dryer | No | Yes |
| Smoke/CO Detectors | Yes | Yes (except batteries) |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Usually |
| Clogs | N/A | Usually |
Landlord Responsibilities for Air Conditioning & Heating in Alaska
Alaska landlords must provide as much heating as energy conditions permit, except by special written agreement on rural properties that haven’t been connected to water utilities. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Alaska?
Alaska landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Alaska
Alaska landlords must keep plumbing in reasonable working condition, as long as the renter is keeping plumbing fixtures clean and using them in a reasonable manner. There’s an exception for rural properties that haven’t been connected to water utilities.
Are Landlords Required To Provide Hot Water in Alaska?
Alaska landlords must provide and maintain running heated water for rental properties, as permitted by energy conditions. There’s an exception allowed when there’s a special written agreement regarding a property that hasn’t been connected to water utilities.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Alaska?
Alaska landlords have to fix clogged drains and toilets, unless the renter’s actions caused the issue.
Are Landlords in Alaska Responsible for Fixing Leaks?
Alaska landlords must fix any leaks that keep the plumbing from being in working condition, unless the renter’s actions caused the issue.
Landlord Responsibilities for Kitchen Appliances in Alaska
Alaska landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, a landlord of any property that’s been connected to water utilities must keep all provided appliances in safe working order.
Landlord Responsibilities for Electrical Issues in Alaska
Alaska landlords have to keep electrical facilities and appliances in safe working order, if the rental property has been connected to water utilities.
Are Landlords Responsible for Replacing Light Bulbs in Alaska?
Alaska landlords don’t have to replace light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Alaska
Alaska landlords must provide and maintain garbage management, including outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in Alaska
Alaska landlords don’t have an obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Alaska
Alaska landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems the renter didn’t cause, since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Alaska
Alaska landlords are responsible for fixing pest issues that the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no state requirement for regular testing.
Landlord Responsibilities for Windows & Window Coverings in Alaska
Alaska landlords have no general responsibility to provide or maintain windows or window coverings. The landlord does usually have to fix broken exterior windows that aren’t the renter’s fault, since these threaten health and safety.
Landlord Responsibilities Regarding Safety Devices in Alaska
Alaska landlords are responsible for providing required smoke alarms and carbon monoxide (CO) detectors, and repairing them if the renter asks.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Alaska?
Alaska landlords are not responsible for replacing batteries in Alaska. Regular testing and battery replacement are the tenant’s responsibility.
Landlord Responsibilities for Doors & Locks in Alaska
Alaska landlords are responsible for providing secure doors. This includes providing and maintaining locks (which can include changing locks if security requires), and furnishing keys to the renter, upon reasonable request.
Landlord’s Responsibilities for Washers and Dryers in Alaska
Alaska landlords are not responsible for providing or maintaining a washer or dryer. However, a landlord of any property that’s been connected to water utilities must keep any provided appliances in safe working order.
Renter’s Rights for Repairs in Alaska
Renters in Alaska have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise this right, the renter must start by requesting repairs from the landlord in writing. After receiving written notice, the landlord gets 10 days to fix the issue.
If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. Ending the rental agreement after proper notice is usually the renter’s only option out of court. The renter usually can’t repair and deduct, or withhold rent.
Sources
- 1 Alaska Stat. § 34.03.100(a)(1) (2021)
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“The landlord shall… make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
Source Link - 2 Alaska Stat. § 34.03.040(a)(1) (2021)
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“A rental agreement may not provide that the tenant or landlord agrees to waive or to forego rights or remedies under this chapter.”
Source Link - 3 Alaska Stat. § 34.03.100(c) (2021)
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“(c) The landlord and tenant of a one- or two-family residence may agree in writing that the tenant perform the landlord’s duties specified in (a)(4), (5), (6), and (7) of this section. A tenant may agree to perform the duties specified in (a)(3) of this section in rental units where the rent exceeds $2,000 a month. They may also agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the tenant may not agree to maintain elevators in good and safe working order. Agreements are allowed under this subsection only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.”
Source Link - 4 Alaska Stat. § 34.03.100(d) & (e) (2021)
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“(d) The landlord and tenant of a dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if (1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set out in a separate writing signed by the parties and supported by adequate consideration; and (2) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
“(e) The landlord may not treat performance of a separate agreement described in (d) of this section as a condition to an obligation or performance of a rental agreement.”
Source Link - 5 Alaska Dept. of Law, The Alaska Landlord & Tenant Act: what it means to you p. 9 (2014 ed.)
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Nonbinding guidance from the Department of Law typifies the standard: “Examples of typical property maintenance duties [include]… doors, windows, roofs, floors, walls and ceilings, ensuring that they do not leak or have holes; plumbing that works, does not leak, and provides hot and cold water at reasonable water pressure; a working, safe stove and oven; a reliable heating system which provides adequate heat to all rooms; a safe electrical wiring system (with no loose or exposed wires, sockets that do not spark and adequate circuit breakers); windows or fans that provide fresh air; enough garbage cans or dumpsters to provide an adequate and safe trash removal service; extermination service if roaches, rats, mice or other pests infest the building, apartment or property; proper maintenance of any vacuum cleaners, washing machines, dishwashers, etc., supplied by the landlord (when not abused or broken by the tenant); and properly working smoke and carbon monoxide detection devices.”
Source Link - 6 Alaska Stat. § 34.03.100(a)(5) (2021)
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“The landlord shall… supply running water and reasonable amounts of hot water and heat at all times, insofar as energy conditions permit, except where (A) the building that includes the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; or (B) the premises do not have a well or water provided by a direct public utility connection and the rental agreement specifically states that the duty of the landlord to supply running water or hot water to the premises is waived by the tenant.”
Source Link - 7 Alaska Stat. § 34.03.100(b) (2021)
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“A landlord of a single family residence located in an undeveloped rural area or located where public sewer or water service has never been connected is not liable for a breach of (a)(3) [electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, etc.] or (5) [hot water and heat] of this section if the dwelling unit at the beginning of the rental agreement did not have running water, hot water, sewage, or sanitary facilities from a private system.”
Source Link - 8 Alaska Stat. § 34.03.100(a)(3) (2021)
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“The landlord shall… maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.”
Source Link - 9 Alaska Stat. § 34.03.120(a)(3) & (4) (2021)
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“The tenant… shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits… [and] 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.”
Source Link - 10 Alaska Stat. 34.03.160(a) (2021)
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“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.”
Source Link - 11 Alaska Stat. § 34.03.100(a)(4) (2021)
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“The landlord shall… provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.”
Source Link - 12 Alaska Stat. § 34.03.100(a)(7) (2021)
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“The landlord shall… provide smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.”
Source Link - 13 Alaska Stat. § 18.70.095(b) (2021)
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“In a dwelling unit occupied under the terms of a rental agreement or under a month-to-month tenancy, (1) at the time of each occupancy, the landlord shall provide smoke detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon monoxide detection devices; the devices must be in working condition, and, after notification of any deficiencies by the tenant, the landlord shall be responsible for repair or replacement; and (2) the tenant shall keep the devices in working condition by keeping charged batteries in battery-operated devices, if possible, by testing the devices periodically, if possible, and by refraining from permanently disabling the devices.”
Source Link - 14 Alaska Stat. § 34.03.100(a)(7) (2021)
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“The landlord shall… if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant’s person and property.”
Source Link - 15 Alaska Stat. § 34.03.160(a) & (b) (2021)
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“(a) …[I]f 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… 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.
“(b) 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.”
Source Link
