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Landlord's noncompliance as defense to action for possession or rent. (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, Companies That Clean Rentals 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.

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 Companies That Clean Rentals 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, Companies That Clean Rentals judgment shall be entered for the tenant in the action for possession.

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, Companies That Clean Rentals the tenant may counterclaim as provided in (a) of this section but the tenant is not required to pay rent into court. Sec. 34.03.200. 

Fire or casualty damage. (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Companies That Clean Rentals the tenant shall (1) immediately vacate the premises and notify the landlord of the intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

If continued occupancy is lawful, vacate the part of the dwelling unit rendered unusable by the fire Companies That Clean Rentals or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b) If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under AS 34.03.070. 

Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty. Sec. 34.03.210. Tenant's remedies for landlord's unlawful ouster, exclusion, Companies That Clean Rentals or diminution of service. If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, sanitary, or other essential service to the tenant.

The tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed one Companies That Clean Rentals and one-half times the actual damages. If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under AS 34.03.070 . Article 06. 

LANDLORD REMEDIES Sec. 34.03.220. Noncompliance with rental agreement; failure to pay rent. (a) Except as provided in this chapter, (1) if the tenant Companies That Clean Rentals or someone in the tenant's control deliberately inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5), the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 09.45.105 specifying the act constituting the breach.

Specifying that the rental agreement will terminate upon a date that is not less than 24 hours after service of the notice; for purposes of this paragraph, damage to premises is "substantial" if the loss, destruction, Companies That Clean Rentals or defacement of property attributable to the deliberate infliction of damage to the premises exceeds $400.

If there is a material noncompliance by the tenant with the rental agreement, or if there is noncompliance with AS 34.03.120 , Companies That Clean Rentals other than deliberate infliction of substantial damage to the premises or other than noncompliance as to a utility service for which the provisions of (e) of this section apply, materially affecting health and safety.

The landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 09.45.110 specifying the acts and omissions constituting the breach Companies That Clean Rentals and specifying that the rental agreement will terminate upon a date not less than 10 days after service of the notice; if the breach is not remedied, the rental agreement terminates 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 tenant adequately remedies the breach before the date specified in the notice, Companies That Clean Rentals the rental agreement will not terminate; in the absence of due care by the tenant, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months.

The landlord may terminate the rental agreement upon at least five days written notice to quit specifying the breach and the date of termination of the rental agreement. (b) If rent is unpaid when due Companies That Clean Rentals and the tenant fails to pay rent in full within seven days after written notice by the landlord of nonpayment and the intention to terminate the rental agreement.

If the rent is not paid within that period of time, the tenancy terminates unless the landlord agrees to allow the tenant to remain in occupancy, and the landlord may terminate the rental agreement Companies That Clean Rentals and immediately recover possession of the rental unit. 

Only one written notice of default need be given the tenant by the landlord as to any one default. A landlord who has given written notice to the tenant under this subsection may accept a partial payment of the rent due under the rental agreement Companies That Clean Rentals and extend the date for the eviction accordingly.

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