Alaska Eviction Process

How to Evict a Tenant in Alaska (7 Steps)

Step 1: Create an Eviction Notice

Alaska Stat. § 09.45.105 outlines the information you should incorporate into an eviction notice, including:

• Nature of the lease violation or other reason for termination.
• Ways the tenant can cure the violation, if possible.
• Date and time the tenancy will terminate if the violation is not cured.
• A statement directing the tenant to vacate the premises no later than the date and time of termination.
• Notice to the tenant that the landlord may commence a civil action to remove the tenant if they do not vacate by the date provided.

Step 2: Serve the Eviction Notice

Per Alaska Stat. § 09.45.100, you must serve the tenant with the notice in one of the following ways:

• Personal delivery to the tenant
• Left at the premises if the tenant is not present
• Certified or registered mail

Once the tenant is notified, you must wait until the notice period has expired to continue the eviction process. If the tenant fails to cure the problem or leaves the premises by the date and time indicated in the notice, you can take legal action.

Step 3: File a Forcible Entry and Detainer Lawsuit

A forcible entry and detainer (FED) lawsuit commences when the landlord submits a complaint to the court and serves it to the tenant. The complaint for forcible entry and detainer form must be submitted to the judicial district or superior court where the property is located, along with a copy of the notice to quit, and the filing fee is $150.

When you file your case, you must also provide the following legal documents, per Alaska R. Civ. P. 85:

• Case description
• Process server instructions
• Summons
• Judgment for possession
• Writ of assistance

Some documents only require you to fill out certain sections. The judgment for possession and writ of assistance will only be signed by the judge if they rule in favor of the landlord and the tenant fails to move out by the required date. Instructions for completing these forms can be found in the Court System Eviction Booklet.

Step 4: Serve the Tenant with Summons and Complaint

Once you complete and file the documents with the appropriate court, you must serve the complaint and summons to the tenant through a designated process server, consistent with Alaska R. Civ. P. 85.

You must provide them with instructions for locating and delivering the complaint to the tenants. If there are multiple tenants named in the lawsuit, each tenant should receive a separate service. The process server or court clerk can advise of the appropriate procedures for your location.

Step 5: Prepare for and Attend the Eviction Hearing

The clerk of the court will schedule an eviction hearing. The tenant must receive the summons between two and 15 days before the hearing date.

During the hearing, the judge will review the information provided by the landlord and tenant and determine who receives possession of the property.

Step 6: Recover Damages

If you filed a request for default judgment and the tenant does not attend the hearing, the judge may file a default judgment for damages. However, the tenant has 20 days from the date the complaint is served to respond. If the tenant disagrees with the financial damages you claimed, you may have to attend a separate damages trial.

The judge will use this trial to review the extent of your damages and determine whether the tenant owes financial compensation, including unpaid rent, property damage, and related expenses.

Step 7: Serve a Writ of Assistance and Forcible Removal

If the tenant does not vacate the premises within the time allotted by the judge in the Judgment for Possession, you may need a writ of assistance. This document allows the landlord to contact law enforcement for assistance with ejecting the tenant.

You cannot remove the tenant on your own. Only a peace officer of the state can eject the tenant from the property.

Eviction Reasons

If you plan to evict a tenant from a property in Alaska, understanding how the eviction process works can help you avoid costly legal complications.

According to the US Fair Housing Act, 42 U.S.C. § 3601.19, you cannot evict a tenant for any of the following reasons:

• Race
• Color
• National origin
• Sex or gender
• Familial status
• Religion
• Disability

Retaliation is also prohibited, per Alaska Stat. § 34.03.310. Retaliatory conduct includes raising rent, reducing services, or threatening to evict a tenant for:

• Complaining to the landlord about habitability under Alaska Stat. § 34.03.100.
• Attempting to enforce their tenant rights under Alaska Stat. § 34.03.310.
• Organizing or joining a tenant’s union or similar organization.
• Filing a complaint with code enforcement or another government agency responsible for housing, wage, price, and rent control.

Notice for Termination With Cause

Landlords can only evict tenants for specific legal reasons, like non-payment of rent or lease violations. After establishing a valid cause, the landlord must terminate the lease by providing the tenant with written notice, which varies depending on the eviction reason.

1. Notice to Pay Rent

Overview:

• Provides the tenant seven days to pay rent before eviction.
• Tenants can stay if they pay the full amount of rent by the end of the seven days.
• The landlord may extend the eviction date if the tenant pays a partial amount.
• Seven days are calculated on a 24-hour period and include weekends and holidays.

2. Notice to Remedy

Overview:

• Used when tenants violate the lease, excluding deliberate damage to the property.
• Gives the tenant 10 days to correct the violation by repairing, paying damages, or otherwise remedying the breach.
• If the violation isn’t corrected within the given timeframe, the landlord can initiate an eviction lawsuit against the tenant.
• 10 days are calculated on a 24-hour period and include weekends and holidays.

3. Unconditional Quit Notice

Overview:

• In certain situations, landlords can terminate a tenant’s tenancy without allowing them to correct the behavior.
• This notice informs the tenant of the violation and specifies a deadline for moving out. If the tenant doesn’t vacate by the given deadline, the landlord can proceed with terminating the tenancy and initiating an eviction lawsuit.
• Different circumstances dictate varying lengths of notice before eviction.

Ten-Day Notice to Quit: If a tenant denies the landlord lawful access to the rental unit (Alaska Stat. § 34.03.300(a)).

Three-Day Notice to Quit: If the tenant misses paying the utility bill on two occasions within six months (Alaska Stat. § 34.03.220(e)).

24-Hour Notice to Quit: In cases where a tenant or their guest causes over $400 in damages to the unit, or engages in illegal activities like prostitution (Alaska Stat. § 34.03.220(a)(1)).

Notice for Termination Without Cause

To evict a tenant, the landlord must have cause. Otherwise, they must wait until the tenant’s lease expires. Depending on the lease agreement, the landlord may also need to provide notice, pursuant to Alaska Stat. § 34.03.290.

1. Notice to End a Month-to-Month Tenancy

Overview:

• If a landlord wants to end a month-to-month tenancy without cause, they must provide the tenant with a written 30-day Notice.
• Should the tenant fail to vacate by the end of the notice period, the landlord can initiate an eviction lawsuit.
• It can also be used to terminate the lease if the landlord wishes to remodel, sell, or convert the property for non-dwelling or personal use.

2. Notice to End a Fixed-Term Tenancy

Overview:

• Landlords must wait until the lease’s end date to expect a tenant to move and aren’t obligated to give written notice unless the lease specifies otherwise.
• If the tenant doesn’t vacate by the lease’s end, the landlord should cease accepting rent.
• After the lease term concludes, the landlord can initiate an eviction lawsuit against the tenant.

Eviction Timeline

Tenant Rights in Alaska

Tenants in the state have several rights, including the right to habitable property, privacy, repairs, due process, and fair housing.

Self-Help Evictions

Per Alaska Stat. § 34.03.280, the landlord cannot take possession of the property or interrupt essential services such as gas, water, electricity, or sanitation.

While you may be tempted to take matters into your own hands, evicting a tenant without appropriate legal notice can have serious consequences.

Abandoned Property

Under Alaska Stat. § 34.03.260, any property abandoned by the tenant after termination of the lease must be claimed by the tenant within 15 days. The landlord must provide notice to the tenant that they have 15 days to remove their property. If the personal property is not claimed within that time, the landlord can sell it at a public sale. The landlord may dispose of property for which no bid is made during the public sale.

For property deemed to be of less value than the cost of storing or selling it, the landlord may notify the tenant that they intend to destroy or dispose of the property within 15 days.

During the 15-day period, the landlord must keep the tenant’s property in a safe space and exercise reasonable care. If the tenant removes their property after the 15-day notice period, the landlord may charge them for the cost of storage for the time the property was in their possession after the 15-day deadline.

Resources

• Court System Eviction Booklet: Summarizes landlord-tenant laws about eviction and provides instructions for the eviction process.
• Uniform Residential Landlord and Tenant Act: Laws and statutes related to landlord-tenant relations, including evictions.
• Rules of Civil Procedure, Rule 85: Court rules and procedures specifically for evictions.
• Court System Self-Help: Required forms for filing eviction and other legal actions.
• Court System – Start an Eviction Case: Steps for filing an eviction.
• The Landlord & Tenant Act: What It Means To You: Comprehensive guide to the Landlord & Tenant Act.
• Legal Services Corporation: Legal assistance for low-income tenants.