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?
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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.
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