Alaska Stat. § 34.03. § 34.03.190
Landlord's noncompliance as defense to action for possession or rent
Operative Text
(a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. If a counterclaim is made, the court shall determine whether the defense is supported by the evidence and, if so, may order that (1) the periodic rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance; (2) the action be continued for a reasonable time to enable the landlord to cure the violation; (3) the tenant pay into court all or part of the rent accrued and thereafter accruing; if the violations have not been cured within six months, the court shall enter judgment for the defendant and either refund to the defendant all money deposited or use the money for the purpose of making the dwelling fit for human habitation; if the violations have been cured, the court shall determine the amount due to each party; the party to whom a net amount is owed shall be paid first from the money paid into the court, and the balance by the other party; if no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession; (4) the tenant vacate the dwelling during the making of necessary repairs, when the repairs cannot be made without vacation of the premises, the tenant to be reinstated upon completion of the repairs. (b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in (a) of this section but the tenant is not required to pay rent into court.
Alaska Statute AS 34.03.190 allows a tenant who is sued for unpaid rent or eviction to raise the landlord's own legal violations as a counterclaim in the same court proceeding. If the court finds the counterclaim is supported by evidence, it has several options: reducing the rent owed to reflect reduced habitability, giving the landlord time to fix the problem, requiring rent to be paid into court rather than to the landlord, or temporarily relocating the tenant during necessary repairs. If violations remain uncured after six months, the court may return deposited rent to the tenant or direct it toward making the unit habitable.
Plain English — not legal advice.
Under AS 34.03.190, when a landlord pursues an eviction or rent-collection action, a tenant may raise habitability or other legal violations as a formal counterclaim. Operators who maintain properties in compliance with the rental agreement and Alaska's landlord-tenant statutes reduce their exposure to rent reductions, court-supervised escrow arrangements, or judgment in the tenant's favor. Documenting repair timelines and completed work is a practice commonly associated with demonstrating cure of any alleged violations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 34.03.190 gives tenants a legal tool to raise a landlord's noncompliance—such as habitability failures—as a counterclaim when facing an eviction or rent lawsuit, even if the tenant is no longer in possession of the unit. Courts can respond by reducing rent owed, ordering repairs, or directing that rent be paid into court rather than to the landlord. Tenants who believe this provision applies to their situation may benefit from consulting a tenant-rights organization or legal aid office familiar with Alaska landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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