Q: Can a tenant get actual damages or one month's rent absent injunctive relief or terminating tenancy AS 34.03.300(b)?
Alaska Statute 34.03.300(b) allows tenants to seek injunctive relief or terminate tenancy for abuse of access scenarios. Then the statute says "in either case, a tenant can recover actual damages or one month's periodic rent, whichever is greater." Suppose a tenant doesn't seek injunctive relief, and doesn't terminate tenancy before the end of the lease for abuse of access, and doesn't vacate the residence with rent prepaid for the rest of the month. But a year after moving out following the end of the lease term, the tenant asks for actual damages or one month's periodic rent based upon abuse of access that occurred during tenancy. Is this permissible? Or are the awards under this statute section only available if a tenant sought injunctive relief or terminated tenancy based upon abuse of access? What is the reason for your answer? Does any case law or persuasive authorities address this question?
A:
The language in Alaska Statute 34.03.300(b) indicates that upon abuse of access by the landlord, a tenant may choose either to seek injunctive relief or terminate the tenancy. The statute then specifies that "in either case" the tenant can recover actual damages or one month's periodic rent. This suggests that the recovery of damages or rent is contingent upon one of those actions being taken. If a tenant neither seeks injunctive relief nor terminates the tenancy based on abuse of access, it would appear that they may not be entitled to damages under this specific provision.
As for case law or other persuasive authorities on this topic, a thorough review of Alaska case law would be required. However, the plain language of the statute seems clear in its intent. For a definitive answer, it would be best to consult with an attorney familiar with Alaska landlord-tenant law and its associated case law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
