Alaska Stat. § 34.03. § 34.03.240
Waiver of landlord's right to terminate
Operative Text
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right of the landlord to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Under Alaska Statute AS 34.03 § 34.03.240, when a landlord accepts rent or accepts a tenant's non-conforming performance while knowing that the tenant has violated the lease terms or applicable rules, that acceptance generally extinguishes the landlord's ability to terminate the tenancy based on that particular breach. The rule reflects a principle that a landlord cannot simultaneously accept the benefits of a tenancy and pursue termination for the same known violation. An exception exists if both parties reach a separate agreement, after the breach has occurred, that preserves the landlord's termination rights despite the acceptance.
Plain English — not legal advice.
Property owners and managers operating under AS 34.03 § 34.03.240 generally take care to avoid accepting rent or other performance from a tenant when they are aware of an ongoing lease violation they intend to act upon. Compliant operators who wish to preserve termination rights typically document any reservation of rights in a written agreement reached with the tenant after the breach has already occurred. Accepting payment without such a post-breach agreement is commonly understood to reset the landlord's position with respect to that specific violation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 34.03 § 34.03.240 provides tenants with a meaningful protection: if a landlord has accepted rent or other performance with knowledge of a lease violation, that acceptance can serve as a waiver of the landlord's right to terminate the tenancy for that breach. Tenants who believe a landlord is attempting to terminate a rental agreement for a violation that the landlord previously accepted payment through may find this provision relevant as a potential defense in eviction proceedings. Tenant-rights organizations in Alaska can help renters understand how this waiver principle might apply to their circumstances and what documentation, such as payment records and communication history, could be relevant.
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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