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Overview
Alaska does not have specific state-level mold laws or statutes. However, tenants are protected under the Alaska Uniform Residential Landlord and Tenant Act (AS 34.03), which establishes an implied warranty of habitability. Under this law, landlords must maintain rental properties in a fit and habitable condition, which can include addressing mold issues that affect health and safety. While mold is not explicitly mentioned in the statutes, conditions that cause mold (such as water leaks and inadequate ventilation) typically fall under general habitability requirements. [Alaska Uniform Residential Landlord and Tenant Act - Justia Law]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Alaska tenants have the right to live in a rental property that meets basic health and safety standards. This includes working utilities, adequate heating, functional plumbing, and protection from hazardous conditions. If mold develops due to landlord neglect (such as failure to repair leaks), tenants can assert their habitability rights.
Right to Written Notice and Termination
If there is a material noncompliance by the landlord with the rental agreement or AS 34.03.100 materially affecting health and safety, the tenant may deliver a written notice specifying the breach. The rental agreement will terminate in 20 days if the breach is not remedied within 10 days of the landlord receiving the notice.
Landlord Responsibilities
Maintain Fit and Habitable Premises
Landlords must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. This includes addressing water leaks, plumbing issues, and other conditions that could lead to mold growth.
Maintain Building Systems
Landlords must maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances in good and safe working order. Malfunctioning HVAC systems or plumbing can contribute to moisture problems and mold.
Remedies Available to Tenants
Rent Withholding
Not Available: Alaska does not allow tenants to withhold rent when a landlord fails to make repairs. Instead, tenants must use other remedies such as repair-and-deduct, lease termination after proper notice, or pursuing damages in court. Tenants who withhold rent without legal authorization risk eviction for nonpayment.
[State Laws on Rent Withholding and Repair and Deduct Remedies - Nolo]
Repair and Deduct
Available: When a landlord deliberately or negligently fails to supply running water, hot water, heat, sanitary facilities, or other essential services, tenants may give written notice and then procure the necessary services and deduct the actual and reasonable cost from rent. Unlike some states, Alaska does not impose a specific dollar cap on repair-and-deduct amounts. Tenants should retain receipts for all costs. This remedy is not available if the tenant caused the condition. Note: A tenant who uses repair-and-deduct under AS 34.03.180 cannot also terminate the lease for the same breach under AS 34.03.160.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Alaska
Understanding Alaska's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Alaska's Subarctic and Arctic Climate
Alaska's climate varies dramatically from subarctic in the interior to maritime along the coast. While outdoor humidity can be low in winter, indoor humidity problems are common due to tight building envelopes designed for extreme cold. When warm, moist indoor air meets cold surfaces, condensation forms—creating ideal conditions for mold growth even in frigid climates.
Cold Climate Mold Challenges
While Alaska's cold climate might seem inhospitable to mold, indoor mold is a significant concern. Tightly sealed homes designed to retain heat can trap moisture from cooking, bathing, and breathing. Poor ventilation in energy-efficient housing leads to condensation on windows, walls, and in wall cavities. Mold thrives when indoor humidity exceeds 60%, which is common in sealed Alaska homes.
Rural Alaska Housing Concerns
Alaska's rural communities face unique housing challenges. Many homes in rural Alaska lack adequate ventilation systems, leading to indoor air quality problems including mold. The Alaska Native Tribal Health Consortium has documented respiratory health issues linked to housing conditions in rural areas, where dampness and mold are prevalent concerns.
Permafrost and Foundation Issues
In northern Alaska, permafrost thaw can cause foundation settling and structural damage that allows moisture intrusion. As climate change accelerates permafrost degradation, more homes experience water damage and subsequent mold problems. Foundation cracks and shifts create pathways for moisture entry.
Winter Condensation
During Alaska's long, dark winters, the temperature differential between indoors (often 70°F+) and outdoors (frequently below 0°F) creates severe condensation issues. Moisture collects on windows, in wall cavities, and around thermal bridges, providing the moisture mold needs to grow even in sub-zero weather.
Common Mold Types in Alaska
While Alaska's outdoor climate might seem inhospitable to mold, indoor mold is a significant concern. Tightly sealed homes designed to retain heat trap moisture from cooking, bathing, and breathing. When warm, moist indoor air (often 70°F+) meets cold surfaces (frequently below 0°F outside), severe condensation occurs. Rural Alaska communities face unique challenges with homes lacking adequate ventilation systems.
Cladosporium
The most cold-tolerant common mold; can grow even in Alaska's cooler indoor environments.
Penicillium
Thrives in high-humidity indoor environments created by sealed Alaska homes.
Aspergillus
Found in moisture-damaged buildings; spreads from condensation on cold surfaces.
Aureobasidium
Common on window frames and condensation-prone surfaces in Alaska homes.
Stachybotrys chartarum
Black mold found on chronically wet materials; occurs in homes with water damage or chronic condensation.
Mold Professional Requirements in Alaska
Implied Warranty of Habitability
Under Alaska Statute 34.03.100, landlords must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. This includes maintaining all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good and safe working order. The landlord must also keep common areas clean and safe, provide appropriate waste removal, supply running water and reasonable amounts of hot water and heat, and provide smoke and carbon monoxide detection devices. While mold is not specifically mentioned, conditions that promote mold growth (such as plumbing leaks, inadequate ventilation, or water intrusion) would violate these habitability standards. [2024 Alaska Statutes, Section 34.03.100 - Landlord to maintain fit premises - Justia Law]
Mold Disclosure Requirements
Local Regulations
Some cities in Alaska have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Alaska mold law details.
Anchorage, AK
Local mold risks, prevention priorities, and next steps for Anchorage.
Fairbanks, AK
Local mold risks, prevention priorities, and next steps for Fairbanks.
Juneau, AK
Local mold risks, prevention priorities, and next steps for Juneau.
Wasilla, AK
Local mold risks, prevention priorities, and next steps for Wasilla.
Ketchikan, AK
Local mold risks, prevention priorities, and next steps for Ketchikan.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Alaska.
Alaska Housing Finance Corporation Weatherization
Provides weatherization services including ventilation improvements and moisture control to help prevent mold in Alaska homes.
Eligibility: Income-eligible Alaska households
Coverage: Ventilation improvements, moisture barriers, insulation
Phone: 907-330-8105Learn More →
Alaska Native Tribal Health Consortium Housing Programs
Provides housing improvement assistance to Alaska Native communities, addressing moisture and indoor air quality issues common in rural Alaska.
Eligibility: Alaska Native communities and tribal members
Coverage: Housing rehabilitation including ventilation and moisture control
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Alaska have specific mold laws for rental properties?
No, Alaska does not have specific state statutes addressing mold in rental properties. However, landlords must maintain premises in a fit and habitable condition under AS 34.03.100, which includes addressing conditions that cause mold, such as water leaks and plumbing problems.
Can I break my lease in Alaska if there is mold in my apartment?
Potentially, yes. If mold creates a material health and safety issue and your landlord fails to remedy it within 10 days of receiving written notice, you may terminate your lease under AS 34.03.160. You must provide written notice specifying the problem and stating the lease will terminate in 20 days if not fixed within 10 days.
Can I withhold rent in Alaska for mold problems?
No, Alaska does not allow rent withholding for habitability issues. Instead, you may use the repair-and-deduct remedy for essential services under AS 34.03.180, pursue lease termination under AS 34.03.160, or seek damages in court.
Official Resources
These official resources can help you understand your rights and take action: