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