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Alaska Tenant Remedies for Fire or Casualty Damage

The Alaska Uniform Residential Landlord and Tenant Act grants the following options to a tenant whose dwelling unit has suffered significant fire or casualty damage:

Terminate or Reduce Rent

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 either:

  • 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
  • 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.

Note: If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under the section Alaska Security Deposits and Prepaid Rent.  Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.

Article 05. Section 34.03.200.

Return to Alaska Landlord-Tenant Laws.