Except under certain circumstances and subject to certain conditions, a landlord generally may not interrupt utilities provided to a residential tenant—such as electricity, gas, water, sewer, internet, telephone, cable television, security systems, and in some areas, trash collection—unless the interruption results from bona fide repairs, construction, or an emergency.
A landlord generally may not shut off utilities to a residential tenant because the tenant is late in paying for the utilities. Laws vary from state to state, and laws related to a landlord’s interruption of a residential tenant’s utility services are usually located in a state’s statutes.
In Alaska, landlords are prohibited from willfully interrupting essential services such as electricity, gas, water, sewer, and other utilities to a tenant as a means of eviction or to force a tenant to vacate the premises. This is considered an unlawful eviction practice. Alaska Statute AS 34.03.210 specifically states that a landlord may not intentionally terminate these services unless it is for a bona fide repair, construction, or an emergency. If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of essential services, the tenant may seek injunctive relief to recover possession or terminate the rental agreement. In such cases, the tenant may also recover an amount that is not more than two months' periodic rent or twice the actual damages sustained by them, whichever is greater. It is important for both landlords and tenants in Alaska to understand these regulations to ensure compliance with state law and to protect their respective rights.