The Alaska ten (10) day notice to quit, also known as a “notice to comply or vacate, is provided by a landlord who believes that a tenant has violated a portion of their lease that does not involve the monthly rental payment. This may be for any breaking of the arrangement such as damage to the premises, unkept property, sound complaint, or any other related violation of their contract. 2nd Violation – If the landlord has issued this notice before in the last six (6) then they may be able to issue a Five-Day Notice to Quit which is incurable and
Alaska Eviction Notices – 5, 7, 10 and 30 Day Notices to Quit
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.
Non-Payment of Rent – 7 days (AS 09.45.090(b)(1))
Deliberate Damage – 24 Hours (AS 09.45.090(b)(2)(B))
Illegal Activity (or the 2nd non-compliance sent in 6 months) – 5 days (AS 09.45.090(2)(G))
Non-Compliance – 10 days (AS 09.45.090(b)(2)(C))
Termination (Month-to-Month Lease) – 30 days (AS 34.03.290(2)(D))
The Alaska 24 hour notice to quit is sent to a tenant that is found to have caused deliberate damage to the premises. The tenant will be asked to leave the property immediately and, if they refuse, the landlord will be forced to file an eviction action in their local court (or “Forcible Entry and Detainer”). The wording “substantial damage” is not defined although has been speculated to mean damage that would deem the premises to be uninhabitable such as a fire or excessive flooding. Laws – AS 09.45.090(2)(B)
The Alaska termination of a month-to-month lease is a form given to a tenant by a landlord to end a month-to-month rental arrangement. In Alaska, the notice must be given to the tenant before the next periodic payment (30 days). The landlord is recommended to hand-deliver or send this notice via certified mail (with return receipt) in order to document that the tenant received the notice. If the tenant does not remove themselves from the premises the landlord will be forced to file a Forcible Entry and Detainer with the Judicial Court. Laws – 34.03.290(b)
The Alaska five (5) day notice to quit is a document that is given to a tenant if they are performing illegal activity on the property or have been put on notice of a previous non-compliance in the last six (6) months. The notice states that the tenant must move-out by the end of the five-day period and if they do not that they face a possible legal case against them known as the Forcible Entry and Detainer, or simply “F.E.D.”. 2nd Violation – If the tenant has violated the lease in the same manner twice in the previous six (6)
The Alaska seven (7) day notice to quit, also known as ‘Form CIV-725’, is sent to a tenant for the non-payment of rent and gives them seven (7) days to do so or vacate the premises. Rent is considered late the day after it is due as there is no statutory grace period in Alaska. If the tenant decides to leave the property they will legally remain owing the balance due along with any future payments until the expiration date in their lease agreement. If the tenant does not pay the amount due in rent (plus penalties) or leave the premises then
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 or if the tenant has given a ten (10) day notice to quit in the last six (6) months.
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).
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.