Alaska Eviction Notices
Alaska eviction notices may be sent to a tenant by the landlord for either not paying rent on time, material violation of the lease, or if a month-to-month lease is being terminated. For curable issues, the notice allows the tenant to remedy the issue by either vacating the property or complying. If the tenant decides to do neither, then an eviction (Forcible Entry and Detainer or “FED”) lawsuit may be filed by the landlord.
How to Evict a Tenant (Process)
A landlord in Alaska may choose to start an eviction in accordance with court produced eviction booklet known as Form CIV-720. This will reference all forms and laws (as viewed in the instructions below) on how to properly file a Forcible Entry and Detainer (F.E.D.) Action through the Judicial Court.
Step 1 – Send the Notice to Quit
Decide what type of notice best matches your eviction:
24-Hour Notice to Quit – For the deliberate damage of the premises. The tenant will be required to leave the property immediately.
5-Day Notice to Quit – For illegal activity.
7-Day Notice to Quit – For the non-payment of rent.
10-Day Notice to Quit – For any non-compliance of building or code rules and/or any violation of the lease agreement.
All Alaska Eviction Forms – http://www.courts.alaska.gov/forms/index.htm#force
Step 2 – Sending the Notice to Quit
Fill-in the document and send to the tenant either with a Certified Letter or any other route to get the certificate of service.
At this point the tenant has the decision to move out and/or (for the 7 & 10 day notices) the right to cure the issue by either paying all back-rent to the landlord or finding a solution to the non-compliance. If the tenant cures the issue then the lease remains binding to both parties. If the tenant does not cure the issue and refuses to move-out then a case must be filed starting with Step 3.
Step 3 – File a Forcible Entry and Detainer
To file an F.E.D., or “Forcible Entry and Detainer”, the landlord must first file the Case Description (CIV 125-d), Complaint (CIV 730), Judgement for Possession (CIV 300), and Summons (CIV 105) with a copy of the Notice to Quit attached. After filing you will be made aware of the court date. As a guide to filing the right forms use the Eviction Booklet (CIV 720) provided by the Alaska courts.
File with the Judicial District in Their Area and there will be a filing fee of $ 125.
Step 4 – Serve the Tenant
After filing the Complaint you will be required to serve the Defendant. This can be done by filling-in the Service Instructions Form (CIV 625) and hiring a process server from the Alaskan List of Process Servers (See Image Below).
After the Defendant is served the Proof of Service (SHC-193) will be returned to the court by the hired process server.
Step 5 – Wait Twenty (20) Days
The landlord will have to wait up to twenty (20) days as the tenant must fill-out an Answer (CIV 735) in defense of the case filed against them.
Step 6 – Writ of Assistance
Go to the court hearing if an Answer if filed and the judge will make a ruling in favor of either the tenant or landlord. If the tenant does not file the answer, the court will automatically rule in favor of the landlord.
If the landlord feels as though the tenant will not vacate the premises immediately after the ruling a Writ of Assistance (CIV 575) should be asked which will allow a local Sheriff to forcibly remove the tenant within twenty-four (24) hours of submitting notice.