An Alaska eviction notice is a legal document that informs a tenant that they must move out of the rented property within a certain time frame.
The purpose of an eviction notice is to inform the tenant of the grounds for the eviction and the deadline for leaving the property. Landlords create this document when tenants violate the lease agreement or fail to pay rent on time.
Understanding the eviction notice process in Alaska is critical for both landlords and tenants to preserve their rights.
Types of Eviction Notices in Alaska
In Alaska, there are various types of eviction notices that landlords can serve to tenants for different reasons, such as:
If the tenant or someone under their control causes significant damage to the property or engages in illegal activities such as prostitution, the landlord can serve a written notice to quit. The notice should specify the breach and the termination date, which should be between 24 hours and five days from the notice. (AS 34.03.220(1))
Damage exceeding $400 is considered substantial.
Notice to Pay Rent or Quit
A notice to pay rent or quit, also known as a 7-day notice, informs the tenant of the unpaid rent and their obligation to pay the full amount within seven days. If the tenant fails to do so, the rental agreement may be terminated, or the landlords can choose to allow the tenant to remain in occupancy. (AS 34-03-220(b))
Landlords have the right to serve a non-compliance eviction notice when tenants violate the rental agreement or their obligations, with the exception of cases where the tenant's actions result in major damage or problems with utilities.
The notice must detail the specific acts or omissions that constitute a breach of the rental agreement, giving the tenant 10 days to remedy the breach. If the same non-compliance recurs within six months, the landlord can terminate the rental agreement with 5-day written notice. (AS 34-03-230(2))
Both landlords and tenants can terminate a week-to-week lease by serving a written notice to the other party with a 14-day notice period. (AS 34-03-290 (a))
By giving a 30-day written notice, also known as the month-to-month notice, the landlord or the tenant can end the tenancy without giving any specific reason for the termination. (AS 34-03-290 (b))
Eviction Laws and Requirements in Alaska
Laws & Requirements
Rent due. The rent is due at the beginning of the lease term. (AS 34-03-020 (c))
Illegal activity. Between 24 hours and five days after receiving a notice to vacate. (AS 34.03.220(1))
Notice to pay rent or quit. Seven days to pay or vacate. (AS 34-03-220(b))
Violation of the lease terms or the tenants obligations. The tenant has 10 days to fix the problem or leave. (AS 34-03-230(2))
Weekly rental. A week's notice to move out. (AS 34-03-290 (a))
Monthly rental. Vacate with one month's notice. (AS 34-03-290 (b))
File an eviction lawsuit. The tenant hasn't completed the notice requirements.
When is Rent Late in Alaska?
In Alaska, rent is due on the date specified in the lease agreement. If the lease does not specify a due date, then rent is due at the beginning of the lease term and then on the same day each month afterward until the lease ends. (AS 34-03-020 (c))
Grounds for Eviction in Alaska
The landlords can only evict tenants for predetermined reasons as outlined in state law. Some of the most common reasons for eviction in Alaska include:
Grounds for Eviction
Non-payment of rent
Damage to property
End of lease
Eviction Process in Alaska
The eviction process in Alaska involves three main steps: writing a notice, filing a complaint, and serving the tenant.
#1. Write a Notice
According to Alaska law, the landlord must provide the tenant with a written notice to quit the premises, specifying the reason for the eviction and the termination date. The notice period can vary from 24 hours to 30 days, depending on the reason for the eviction.
#2. File the Complaint
If the tenant fails to comply with the notice, the landlord can file a complaint with the district court. The complaint must contain the reason for the eviction and the date the notice was served.
#3. Serve the Tenant
Due to their right to file an answer to the complaint, the tenants must be served with a copy of the complaint. In addition to the copy of the complaint, the tenants must also be served with a court summons.
#4. Wait for Court’s Judgment
A hearing will be held to determine if the eviction is lawful. If the court rules in favor of the landlord, a writ of possession can be issued, allowing the landlord to take possession of the property.
Other Eviction Notice Court Forms in Alaska
Other Eviction Notice Court Forms
Notice to Pay or Quit (CIV-725). A legal form used by landlords in Alaska to notify tenants that they have a certain amount of time to pay overdue rent or move out of the rental property.
The Answer (CIV-735). This form is used in Alaska by tenants who have received a summons and complaint for eviction.
The Case Description (CIV 125D). This form is used to provide the court with a summary of the case being filed.
The Judgment for Possession. This form sets out the court's decision in the case and orders the tenant to vacate the rental property by a specific date. It specifies any other terms of the eviction, such as the amount of rent owed, any damages owed to the landlord, etc.
Memorandum to set civil case for trial (CIV 200). This civil lawsuit would be separate from the eviction lawsuit and is used to pursue monetary damages when the landlord wants to seek further compensation.
The Official Guide/Instructions (CIV-720). These instructions guide tenants and landlords regarding the eviction process and include information about the reasons for eviction, the court process, etc.
The Service Instructions (CIV-615). An eviction notice court form is used in Alaska to provide instructions on how to properly serve eviction notice documents to the tenant.
Writ of assistance (CIV 575). This writ gives the officer the legal right to physically remove the tenant and their belongings from the property if the tenant does not leave by the court-ordered date.
Eviction Information for Landlords in Alaska
Before a landlord can file a court action to evict a tenant, they must give written notice, which should be served upon the tenant or person in possession. The landlord must prove to the court that the notice was delivered as required.
If the problem is repairable, the landlord must offer the tenant time to fix it or vacate the premises before filing a lawsuit. For nonpayment of rent, the tenant must be given seven days to pay after receiving the notice, while for other reasons, the time frame may vary.
If the tenant fails to fix the problem or moves out within the stated period, the landlord can file a lawsuit.
Eviction Information for Tenants in Alaska
Tenants in Alaska have legal rights and resources available to them if facing eviction. They have the right to receive written notice before being evicted, and the notice must specify the reason for eviction and the date of termination.
If the tenant receives a summons to appear in court, they have the right to file an answer and attend a hearing. During the eviction process, the tenant is responsible for continuing to pay rent and maintaining the property.
If the landlord violates the tenant's rights, the tenant can file a complaint with the Alaska Department of Law's Consumer Protection Unit.
How to Write an Eviction Notice in Alaska
Alaska Eviction Notice Checklist
Alaska Eviction Notice FAQ
You can file an eviction notice in Alaska when a tenant violates the lease agreement, fails to pay rent, or stays beyond the lease term without permission.
In Alaska, an eviction notice is required to legally begin the eviction process. It notifies the tenant that they must vacate the property and gives them a chance to correct the issue before facing legal action.
The time it takes to evict someone in Alaska can vary depending on the circumstances and the court's schedule. It can take anywhere from a few weeks to several months to complete the eviction process.
Yes, a three-day notice to leave is legal in Alaska if a tenant on a rented property engages in illegal activity, such as prostitution, dealing drugs, or selling forbidden items.