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 under AS 09.45.090(2)(B). Although, this has been speculated to mean damage that would deem the premises to be uninhabitable such as a fire or excessive flooding. How to Write Step 1 – Download in Adobe PDF. Step 2 –
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 termination of a month-to-month lease is a form given to a Tenant by a Landlord to end a tenancy at will rental arrangement. According to 34.03.290(b) 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. (return receipt). How to Write Step 1 – Download in Adobe PDF or Microsoft Word (.docx). Step 2 – In the Header Area name all the tenants listed on the lease agreement. If there is no lease mark all the occupants or the head
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 (per Statute 09.45.090). 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.”. How to Write Step 1 – Download in Adobe PDF or Microsoft Word (.docx). Step 2 – Fill-in
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. This notice is required to write the complaint and have the tenant cure the issue or vacate the property within 10 days, as provided by AS 09.45.090. If the landlord has issued this
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 (pursuant to AS 09.45.090). Rent is considered late the day after it is due according to the lease agreement signed or any verbal arrangements made by lessor and lessee. Once the notice has been sent the tenant has seven (7) days to either pay all that is due or vacate the property. If the tenant decides to leave the property they will legally remain owing the balance due. If the tenant does not pay the amount due in rent (plus
How to Evict a Tenant (Process)
Step 1 – 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 – 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 – 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 – 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 – The landlord will have to wait up to twenty (20) days as the tenant must fill-out an Answer (CIV 735) to the case filed against them.
Step 6 – Go to the court hearing and if the Judge rules in favor of the Plaintiff (landlord) then the Defendant will be required to leave the property. If the Plaintiff feels as though the Defendant will not vacate the premises immediately a Writ of Assistance (CIV 575) should be asked for to the Judge by the Plaintiff.