REAL PROPERTY
Supreme Court of Alaska (2023)
Johanna Crisman
In Guilford v. Weidner Investment Services, Inc., 522 P.3d 1085 (Alaska 2023), the supreme court held that under the Uniform Residential Landlord Tenant Act (URLTA), a tenant may recover damages from the discomfort, annoyance, and mental distress attributable to violations of warranty of habitability. (Id.) In October 2008, Guilford began renting an apartment from Weidner Investment Services, Inc. in Anchorage. (Id. at 1090). Following several late rental payments by Guilford, Weidner filed several forcible entry and detainer (FED) actions against her. (Id.) Guilford raised counterclaims under URLTA, alleging Weidner had breached its duty under AS 34.03.100 to maintain the premises in “fit and habitable condition.” (Id. at 1090). The supreme court considered whether the superior court erred in allowing the jury to award Guilford damages for non-economic damages under URLTA for Weidner’s violations relating to the warranty of habitability. (Id. at 1096). Because discomfort, annoyance, and mental stress are common and foreseeable harms as a result of habitability violations, the supreme court reasoned that the legislature did not intend to preclude damages for these types of harms under URLTA. (Id. at 1098). Consequently, the supreme court held that non-economic damages were properly awarded by the jury to Guilford, because the harms were attributable to Weidner’s violations of the warranty of habitability under URLTA. (Id. at 1102). Affirming the superior court’s decision, the supreme court held that under URLTA, a tenant may recover damages from the discomfort, annoyance, and mental distress attributable to violations of warranty of habitability. (Id. at 1085).
