"HOW TO GET YOUR LANDLORD TO REPAIR YOUR APARTMENT"

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1 This fact sheet is provided by the Fort Richardson Legal Assistance Office for the benefit of its clients. For additionallnfonnatlon, contact our office during nonnal duty hours by calling (907) or by stopping by our office in Building 600, 3rd noor, west wing, Fort Richardson, Alaska. LANDLORD - TENANT "HOW TO GET YOUR LANDLORD TO REPAIR YOUR APARTMENT" Under Alaska law, a Landlord has a responsibility to "maintain fit premises." This does not mean your home has to be in perfect shape, but it does mean your Landlord is responsible for many important repa(rs. The Landlord must do the fol1owing things: 1. Make repairs to keep the property in good condition; 2. Keep common areas such as sidewalks and hallways clean and safe (this includes removal of snow and ice); 3. Maintain in a safe condition all electrical, plwnbing, sanitary, heating, ventilating, air~ conditioning, kitchen and other facilities and appliances; 4. Provide enough trash cans for garbage and arrange for garbage removal; 5. Supply adequate running water, hot water and heat; 6. If you request, provide and maintain adequate locks and keys; 7. Provide smoke alanns and a fire extinguisher; 8. Eliminate roaches, rats or other vennin. See the attached copy ofalaska Statute for more details. There are limited exceptions to the above rules ifyou and the Landlord have a different agreement or ifyou live in an area without services such as running water. For instance, if you are renting a one- or two family residence such as a duplex, you and your Landlord can agree in writing that you will be responsible for items (4), (5), (6) and (7). Alaska Statnte OO(c). In Anchorage, the Landlord must also follow the Municipality's Housing Ordinance. Copies of the Ordinance are available at the Municipality ofanchorage, Department ofhealth and Hwnan Services, located at 825 L Street. You, the Tenant, must also maintain the dwelling unit. See the attached copy of Alaska Statute

2 Ifthe Landlord is not following the law, you have several remedie,s: I. COMPLAIN TO A GOVERNMENT AGENCY Vou may report a health and safety violation to the Municipality of Anchorage, Health and Environmental Protection offke at 825 L Street, (907) Violations of fire laws can be reported to the Municipality's Fire Department, (907) II. GIVE 10-DAY NOTICE FOR REPAIR, AND MOVE IN 20 DAYS IF REPAIRS ARE NOT MADE Alaska Statute You can give the Landlord a written notice describing the repair problem and stating that ifthe problem is not fixed within 10 days, you will move in 20 days. Ifthe Landlord fixes the problem, and you still want to move, you must give proper notice to move (usually thirty days). This is only a good remedy ifyou want to move ifthe repairs are not made. A sample notice, titled Tenant Notice to Landlord a/termination oftenancy for Violation ofagreement or Law, is attached to this handout. If you notified the Landlord in writing ofa problem and the Landlord fixed the problem, but the same problem occurs within 6 months because ofthe Landlord!s absence ofcare, you may terminate the rental agreement with a lo-day written notice. The notice must specify the problem and the date oftermination. IMPORTANT: You may not terminate ifthe repair problem was caused by the deliberate or negligent acts ofyou or your family or friends. III. USING RENT MONEY FOR ESSENTIAL REPAIRS Alaska Statute You may use rent money to make certain essential repairs. For example, if the heat, water, sewer, electricity or plumbing breaks down, you may get the problem fixed and deduct the actual and reasonable expenses from the next month's rent. Before using this remedy, you must give the Landlord written notice that this is what you plan to do. A sample notice, titled Notice ofemergency Repair and Deduction 0/Rent, is attached to this handout. If repairs are needed for essential services but no emergency exists, you should give the Landlord a written notice an~ a reasonable amount oftime to repair the problem. A sample notice, titled Notice ofrepair and Deduction ofrent, is attached to this handout. Give a copy ofthe notice to the Landlord or manager personally or leave one at the Landlord's or manager's place ofbusiness. If you do not deliver the notice, send it certified maiureturn receipt requested. Be sure to keep a copy for yourself. 2

3 Once you provide the written notice, you may immediately start emergency repairs. Jf it is a non-emergency repair, and you gave the Landlord a deadline to repair it, you should not do the repair yourself until after the deadline has passed. You should keep all repair receipts and give copies ofthe receipts to the Landlord to prove how much the repairs cost. If you follow these procedures, you cannot be evicted for using rent money to make repairs. Ifyou choose this remedy, however, you may not terminate the lease or take court action against the landlord on account ofthe landlord's failure to make the repair. REMEMBER: This law only covers essential repairs -- unless the Landlord agrees, rent money cannot be used for things like painting or cleaning carpets. IV. THE TENANT MAY OBTAIN SUBSTITUTE HOUSING Alaska Statute Ifthe Landlord fails to provide essenti~l services, you may give written notice to the Landlord and obtain substitute housing. While you are in substitute housing, you do not have to pay rent to the Landlord, and the Landlor~ may be liable to you if the substitute housing costs more than the rent. If you choose this remedy, you cannot terminate the lease or take court action against the landlord on account ofthe landlord's failure to provide the necessary services. V. THE TENANT MAY FILE A LAWSUIT FOR DAMAGES OR EMERGENCY RELIEF Alaska Statute , 180(a)(2) You may sue the Landlord to recover damages ifthe Landlord's failure to maintain services makes the actual value oftbe dwelling less than the rent charged. You may also recover damages under other Alaska laws. In an emergency, you can ask the court to order the Landlord to make repairs. In order to file this kind of lawsuit, you will need to get legal advice. VI. WITHHOLDING RENT There is DO specific Alaska statute that allows a Tenant to simply withhold rent payments when an aparunent is in bad condition. Before you decide to use this remedy, you should first obtain legal advice. 3

4 TENANT NOTICE TO LANDLORD OF TERMINATION OF TENANCY FOR VIOLATION OF AGREEMENT OR LAW DATE: TO: (LandlordlManager) (Address) Landlord and/or Manager: You are notified, pursuant to Alaska Statute , that you have seriously violated your agreement with me or your duties under the law. The violation(s) is (are) set out specifically as follows: If you do not remedy the violation(s) listed above within TEN DAYS after you receive this notice, my tenancy will terminate in not less than TWENTY DAYS from the date you receive this notice, and I will move. Failure to remedy the violation(s) listed above will mean that I will move out on or after the date of, 200 Please send my full secwity deposit of$, ~. or an explanation ofhow it was used, to my new address: (new address) Under Alaska Statute , my security deposit must be returned within 14 days ofthe date I move. Otherwise, I may recover damages in an amount equal to up to twice the actual amount ' withheld. Receipt I received this notice on the day of ~, 200-, at,a.m.lp.m. Landlord 4

5 NOTICE OF EMERGENCY REPAIR AND DEDUCTION OF RENT DATE: TO: (LandlordIManager) (Address) Landlord andlor Manager: ]n my rental unit, the following emergency conditions require repair: All ofthe conditions listed above are dangerous to me and my family and we have not eaused the conditions to occur. IfYOli do not repair these problems inunediately, I will arrange for the repairs myself, and J will deduct the cost ofthe repairs from my rent as I am allowed to do under Alaska Statute Very truly yours, Name: Address: 5

6 NOTICE OF REPAIR AND DEDUITIONOF RENT DATE: TO: (LandlordIManager) (Address) Landlord and/or Manager: In my rental unit, the following essential services require repair: These repair problems were not caused by me or my family. If you do not repair these problems by, I will arrange for the repairs myself, and I will deduct the cost of the repairs from my rent as I am allowed to do under Alaska Statute Very truly yours, Name: Address: 6

7 CHAPTER 03. TITLE 34. PROPERTY UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT ARTICLE 3. LANDLORD OBLIGATIONS Alaska Stat (2002) Sec Landlord to maintain fit premises (a) The landlord shall (1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (2) keep all common areas of the premises in a clean and safe condition; (3) 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;. (4) provide and m~intaln 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;, (5) supply running water and reasonable amounts of hot water and heat at all times, Insofar as energy conditions permit, except where 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; (6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant's person and property; and (7) provjde smoke detection devices as required under AS 1B (b) 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) or (5) 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. (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 speciffed 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. (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. 7

8 CHAPTER 03. TITLE 34. PROPERTY UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT ARTICLE 4. TENANT OBLIGATIONS Sec Tenant obligations (a) The tenant Alaska Stat (2002) (1) shall keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the p~emises 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 1;111 electrical, plumbing, sanitary, heating, ventilating, air~conditioning, kitchen, and other facilities and appliances including elevators in the premises; (S) may not deliberately or negligently destroy, deface, damage, impair, or remove a part of the premises oj 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) sh~1j maintain smoke 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; and (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 (b) 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. HISTORY: ( 1 ch 10 SLA 1974; am S ch 129 SLA 1988; am 20, 21 ch 121 SLA 1994; am 3 ch III SLA 2002) 8

9 CHAPTER 03. TITLE 34. PROPERTY UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT ARTICLE 5. TENANT REMEDIES Alaska Stat (2002) Sec Noncompliance by the landlord: General (a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with AS 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 thiln 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 sllbject to the provisions of this section. If the breach is remediabie 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 iandlord, 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. (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 , , or (c) The remedy provided in (b) of this section is In addition to a right of the tenant under (a) of this section. (d) If the rental agreement is terminated, the landlord shall return all prepaid rent or security deposits recoverable by the tenant under AS HISTORY: ( 1 ch 10 sla 1974) 9

10 CHAPTER 03. TITLE 34. PROPERTY UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT ARTICLE 5. TENANT REMEDIES Alaska Stat (2002) Sec Wrongful failure to supply heat, water, hot water or essential services (a) If, contrary to the rental agreement or AS , the landlord deliberately or negligently fails to supply running "Vater, hot water, heat, sanitary faclljties, 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 noncoftiplia'nce 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 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. Alaska Stat (2002) Sec 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 HISTORY: ( I ch 10 SLA 1974) 10