Updated February 24, 2023
An Alaska eviction notice is a formal letter used by landlords to begin the process of removing a tenant from the premises for a lease violation. The landlord must identify the issue and write the tenant through a form known as a ‘Notice to Quit’.
Curable vs Incurable
If the issue is curable, such as with a late rent payment or another issue that can be remediated, the tenant will have a suggested time frame to fix the issue.
If the issue is incurable, such as deliberate damage, illegal activities, or month-to-month lease termination, the tenant will be forced to leave by the end of the time period suggested.
By Type (5)
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: Adobe 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: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt)
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: Adobe 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: Adobe PDF
30-Day Notice to Quit (Month-to-Month Tenancy) – A tenancy-at-will and either the landlord or tenant wish to cancel then this form may be completed to terminate the lease by providing at least thirty (30) day notice.
Download: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt)
Table of Contents |
Eviction Laws
- Rent Grace-Period: None. AS 34.03.020(c)
- Non-Payment of Rent: 7 days to pay or quit. AS 34.03.220 (b)
- Non-Compliance: 10 days to comply or vacate. AS 34.03.160
- Illegal Activity: 5 days to vacate. AS 34.03.220(2)
- Substantial Damage to Property: 24 hours to vacate. AS 34.03.120(a)(5)
- Termination (Month-to-Month Lease): 30 days to vacate. AS 34.03.290
- Filing an Eviction: Forcible Entry and Detainer. Chapter 45 (Actions Relating to Real Property)
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 just remove the tenant from the property or if the landlord will be seeking damages as well (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 press further by filing a civil lawsuit against the tenant to obtain monetary damages.
Official Guide / Instructions (CIV-720) – Additional information in order to help the landlord successfully process a Forcible Entry and Detainer.
Service Instructions (CIV-615) – Instructions that will be given to the process server to inform the tenant of an eviction that has been 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. Gives a peace officer the right to remove the tenant.
How to Evict (Process)
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.
Step 1 – The landlord must begin the process by deciding which notice to quit best fits their situation;
- Deliberate Damage Caused by Tenant – 24 hours
- Illegal Activity Occurred – 5 days
- Non-Payment of Rent – 7 days
- Non-Compliance with Agreement (other than rent) – 10 days
- Termination of a Month-to-Month Lease – 30 days
Step 2 – After serving the tenant with the appropriate form and they remain on the property, in violation of 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:
- Case Description (CIV-125D)
- Judgment for Possession (CIV-300)
- Service Instructions (CIV-615)
- Summons (CIV-105) – Anchorage, Fairbanks, All Other Locations
- Writ of Assistance (CIV-575)
A fee for the amount of $125. Although, it is always best to double-check with the court as the price is always changing.
Step 3 – 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.
Step 4 – The tenant will have a maximum of twenty (20) days to file an Answer (CIV-735) with the court.
Step 5 – 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 would like to get damages the court will typically automatically set an additional trial hearing. If not, the petitioner will have to file the Memorandum to Set Civil Case For Trial (CIV-200).
Video
