10 Day Notice to Landlord of Termination for Recurring Material Noncompliance for Residential from Tenant to Landlord
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 34.03.100
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 than 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 subject to the provisions of this section. If the breach
is remediable 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
landlord, 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 34.03.100 , 34.03.210, or 34.03.280.
(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
34.03.070
Title 34, Sec. 34.03.160