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Alaska Eviction Notice Forms (5)

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Alaska Eviction Notice Forms (5)

Updated October 24, 2023

An Alaska eviction notice is a formal letter sent by a landlord to begin the process of removing a tenant from the premises for a lease violation. It must clearly mention the violation, how to cure it (if applicable), and the landlord’s contact information.

Delivery Options

A notice to quit must be delivered to the tenant in one of the following methods:

  1. Sent via registered or certified mail with a return receipt;
  2. Hand-delivered to the tenant; or
  3. Left at the premises in case the tenant is absent.[1]

By Type (5)

7-Day Notice to Quit (Non-Payment of Rent) – If the lessee does not pay rent on the date stated in the lease agreement, the lessor has the right to serve this notice.

Download: PDF

 

10-Day Notice to Quit (Non-Compliance) – If the lessee has broken a part of the lease that does not have to do with the non-payment of rent, the landlord must provide ten (10) days to cure the issue. If the violation has not been cured, the lessee will be forced to move out at the end of the period.

Download: PDF

24-Hour Notice to Quit (Deliberate Damage Inflicted to the Premises) – If the tenant has purposely and maliciously caused sufficient damage to the premises, the landlord may serve an action requesting the lessee to leave the property within twenty-four (24) hours.

Download: PDF

5-Day Notice to Quit (Illegal Activity) – If the tenant has been accused or caught conducting illegal activities on the property, they shall have five (5) days to remove themselves and their possessions from the property.

Download: PDF

30-Day Notice to Quit (Month-to-Month Tenancy) – Can be used by either the landlord or tenant to terminate a lease with 30 days’ notice.

Download: PDF

Table of Contents

Eviction Laws

  • Rent Grace-Period: None.[2]
  • Non-Payment of Rent: 7 days to pay or quit.[3]
  • Non-Compliance: 10 days to comply or vacate.[4]
  • Illegal Activity: 5 days to vacate.[5]
  • Substantial Damage to Property: 24 hours to vacate.[6]
  • Termination (Month-to-Month Lease): 30 days to vacate.[7]
  • Filing an Eviction: Forcible Entry and Detainer.[8]

Landlord Prohibited Actions

Utility Shutoff – The landlord is required to maintain in good and safe working order all utilities connected to the property.[9] It is prohibited for the landlord to shut off utilities if the tenant has not paid rent or violates their lease in another manner.[10]

Changing the Locks – The landlord is prohibited from changing the locks without a court order.[11]

Court Forms

7-Day Notice to Pay or Quit (CIV-725) – Gives seven (7) days before the tenant must pay what is owed on the rent or vacate the premises.

Answer (CIV-735) – Must be filed by the tenant within twenty (20) days of receiving.

Case Description (CIV 125D) – Known as a “cover sheet” in other States, this tells the court what type of case is being filed.

Judgment for Possession (CIV-300) – Makes it known to the court if the eviction is to remove the tenant from the property or if the landlord will seek damages (e.g., unpaid rent, property damage, etc.).

Memorandum to Set Civil Case For Trial (CIV-200) – Used only if the landlord wins the eviction lawsuit and wants to pursue further actions by filing a civil lawsuit against the tenant to obtain monetary damages.

Official Guide / Instructions (CIV-720) – Additional information to help the landlord successfully process a Forcible Entry and Detainer.

Service Instructions (CIV-615) – Instructions given to the process server to inform the tenant of an eviction filed against them.

Writ of Assistance (CIV-575) – Only used if the judge rules against the tenant and they do not vacate the premises by the court set time. It gives a peace officer the right to remove the tenant.

How to Evict a Tenant (5 steps)

  1. Download Forms
  2. File Forms
  3. Serve the Papers
  4. Tenant Files an Answer
  5. Attend Hearing

In addition to the steps below, the State of Alaska has made an Official Guide (CIV-720) to help the landlord complete the eviction process.

1. Download Forms

The landlord must begin the process by deciding which notice to quit best fits their situation;

2. File Forms

After serving the tenant with the appropriate form and they remain on the property, violating the notice, the landlord must file the Complaint (Form CIV-730) (Attach a copy of the Notice to Quit). An eviction case is filed in the District Court Location where the property is located.

The following must also be filed:

A fee for the amount of $150 for up to $10,000 in damages. If damages are over $10,000, the filing fee is $250.[12]

3. Serve the Papers

A copy of the filed Complaint (CIV-730) and Summons (CIV-105) must be sent to the Defendant. The Service Instructions (CIV-615) must be used to guide the process server. After the Defendant has been served, they will file a form called the Return of Service that will be served to the landlord and the court.

4. Tenant Files an Answer

The tenant will have a maximum of twenty (20) days to file an Answer (CIV-735) with the court.

5. Attend Hearing

Both parties should attend the hearing, and the Judge will only rule on whether the landlord is entitled to possession of the property and not if they are granted damages. After the hearing is complete and the landlord wants damages, the court will typically automatically set an additional trial hearing. If not, the petitioner must file the Memorandum to Set Civil Case For Trial (CIV-200).

Sources

  1. AS § 09.45.100(c)
  2. AS § 34.03.020(c)
  3. AS § 34.03.220(b)
  4. AS § 34.03.160(a)
  5. AS § 34.03.220(a)(1)
  6. AS § 34.03.120(a)(5)
  7. AS § 34.03.290(b)
  8. AS § 09.45.070
  9. AS § 34.03.100(a)(3)
  10. Alaska Landlord and Tenant Act – What it Means to You (Page 27)
  11. https://courts.alaska.gov/shc/housing/startevictioncase.htm
  12. https://courts.alaska.gov/shc/courtfees.htm