Understanding Eviction Notices in Alaska
Before filing an eviction lawsuit in Alaska, landlords must first serve the tenant with a written eviction notice. The type of notice depends on the reason for ending the tenancy, such as non-payment of rent, lease violations, or serious property damage.
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Types of Eviction Notices in Alaska
Different types of eviction notices in Alaska are required depending on the reason for ending the tenancy and how much notice the law requires the landlord to give.
7-Day Notice to Pay Rent or Quit
This form gives tenants seven days to pay overdue rent or vacate the rental unit, as required by Alaska Statutes Section § 34.03.220(b). Alaska does not require a grace period for late rent payments under current law. If the tenant still doesn’t pay after the notice period, the landlord can begin the eviction suit.
7-Day Notice to Pay Rent or Quit
Allows tenants seven days to pay rent before the eviction can proceed in court.
10-Day Notice to Quit for Non-Compliance
This notice gives tenants 10 days to correct a lease violation or move out, according to AK Stat § 34.03.220(a)(2). Common violations include unauthorized pets, excessive noise, or damage to the property.
10-Day Notice to Quit for Non-Compliance
Expedites eviction for lease violations. Tenants get 10 days to cure the problem.
24-Hour Notice to Quit for Intentional Damage or Illegal Activity
Under AK Stat § 34.03.220(a)(1), landlords may issue a 24-hour eviction notice if the tenant intentionally damages the property or engages in illegal activity. No opportunity to fix the violation is required.
24-Hour Notice to Quit for Intentional Damage
Evicts a tenant within 24 hours for causing significant damage to the property or engaging in illegal activity.
30-Day Lease Termination Letter
For month-to-month tenancies, Alaska law requires at least 30 days’ written notice before ending the rental agreement. This is governed by AK Stat § 34.03.290 and does not require a specific reason for termination.
30-Day Notice Lease Termination
Lets a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property in 30 days.
How to Evict a Tenant in Alaska
To lawfully remove a tenant, landlords in Alaska must follow the formal eviction process known as a Forcible Entry and Detainer action, also referred to as an eviction lawsuit, governed by AK Stat §§ 09.45.060 – 09.45.160. These lawsuits require landlords to first serve proper written notice before initiating court proceedings.
Step 1: Send the Eviction Notice
Your notice must inform the tenant of the reason for the eviction and let them know what, if anything, they can do to correct this violation, such as immediate rent payment plus a late fee.
The written notice will also indicate that the landlord will pursue eviction proceedings if the rent remains unpaid past the period indicated in the lease agreement. If the tenant is not present, the document must be served via registered mail or certified mail with a return receipt, personal delivery, or left at the premises (commonly with the notice taped on the front door).
Step 2: File an Eviction Summons and Complaint
Suppose the tenant fails to respond to the eviction notice. In that case, the landlord may file an eviction action (a Forcible Entry and Detainer) with the district or superior court in the county where the property is located.
The current filing fee for an Alaska eviction lawsuit is $150. In cases that involve monetary damages, tenants have 20 days to file an answer to the court.
Step 3: Gather Evidence and Attend the Hearing
After the tenant can file an answer to the eviction complaint, the court will schedule a hearing (Alaska’s Civil Procedure outlines that tenants may request a jury trial for their eviction hearing).
In the meantime, a landlord can compile documents, testimony, and any other evidence to support the eviction complaint.
Step 4: Obtain and Enforce the Court Order
If the court determines the evidence supports eviction, it will enter an eviction judgment in the landlord’s favor. If the evidence doesn’t support eviction, the court may dismiss the case or enter judgment in the tenant’s favor.
The order will also set the issue of damages for a future hearing, as the landlord is unlikely to know how much the tenant will owe in back rent, fees, and other costs until the unit is empty and can be inspected.
Step 5: Request the Sheriff’s Help
After an eviction judgment is entered, the landlord may seek help from the sheriff’s department or appropriate peace officer (after the court issues a Writ of Assistance) in enforcing the eviction if the tenant does not voluntarily vacate the property. A tenant who overstays a valid eviction order can be charged as a trespasser.
Related Alaska Court Forms
The following forms are the most common legal documents landlords and tenants use during eviction. More Forcible Entry and Detainer (Eviction) forms can be found on the Alaska Court government website.
- Complaint for Forcible Entry and Detainer (Eviction) (CIV-730): This form is used by the landlord to file an eviction action with the Alaska courts officially.
- Answer to Forcible Entry and Detainer (Eviction) Complaint(CIV-735): A tenant may use this form to respond and defend their case against eviction officially.
- Default Judgment (CIV-745): This form is used if the tenant fails to answer the eviction complaint.
