A legally compliant AK eviction notice is the first step to a successful eviction. Create your own printable notice form today with step-by-step help and personalized templates.
Last Update June 12th, 2022
- Alaska Eviction Notice Types
- Alaska Eviction Laws
- Alaska Eviction Process
- Alaska Eviction Notice Sample
- FAQs About Alaska Eviction Notices
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Alaska Eviction Notice Types
It’s necessary to provide the correct type of Alaska eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under AK statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Alaska when completing an eviction.
24-Hour Notice to Quit (Deliberate Damage Inflicted to the Premises)
Residents who willfully cause sufficient damage to the property can be served with an AK 24-Hour Notice to Quit. This gives them just 1 day to leave the property before the landlord escalates the situation through the courts to remove them (AS § 34.03.220(a)(1) and § 34.03.120(a)(5)).
5-Day Notice to Quit (Illegal Activity)
If the tenant is accused of or caught committing illegal activity on the property, they can be served a 5-Day Notice to Quit in Alaska. They must remove their personal possessions and leave the property within this time.
7-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 7 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court (AS § 34.03.220(2)).
10-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 10-Day Notice to Quit. This gives them 10 days to correct the issue or leave the property (AS §§ 09.45.100 – § 09.45.110).
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
However, it’s also possible to issue an unconditional 10-Day Notice that doesn’t give the tenant a chance to correct the violation. This only normally happens when more severe transgressions take place.
30-Day Notice to Quit (Month-to-Month)
When an Alaska landlord wants to end a tenancy that is “at-will” and paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no right to cure (AS § 34.03.290)
Alaska Eviction Laws
You can only evict someone in Alaska if they’ve committed a legally valid breach of the lease under AK Residential and Landlord Property statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Alaska means conforming with the following legal requirements:
Substantial damage to property: 24 hours’ notice (AS § 34.03.120(a)(5))
Illegal activity: 5 days’ notice (AS § 34.03.220(2))
Nonpayment of rent: 7 days’ notice (AS § 34.03.220 (b))
Lease violation: 10 days’ notice (AS § 34.03.160)
Lease termination: 30 days’ notice (AS § 34.03.290)
The notice must also be served to the tenant in compliance with the property laws in Alaska. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Alaska Eviction Process
Evicting a tenant in Alaska follows a strict legal process (AS 09.45.060 - .160). When issuing an eviction notice, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
These are the steps to complete an eviction process in Alaska:
The notice to quit must be chosen based on the reasons for which the tenant is being evicted. If the reason for eviction is curable, then the tenant has to resolve the issue within the notice period. If the eviction motive is incurable, then they must move out immediately.
If the tenant remains on the property after the notice period has expired, Alaskan landlords may file a complaint in the District or Superior court. In Alaska, the filing fees are $150 for the district court (if the amount is more than $100,00) and $250 for superior court (if the amount is more than $100,00). The summons and complaint must be served by a state trooper or professional process server at least two days before the eviction hearing.
The tenant must then file an answer 20 days after being served the complaint, and the eviction hearing will be held within 15 days of the date the complaint was filed.
If the judge rules in favor of the landlord, a judgement for possession will be issued and the eviction process will continue.
If the tenant fails to move out by the deadline, the landlord can ask the court to issue a writ of assistance. This is the tenant’s final notice to leave the property before a state trooper forcibly removes them.
Alaska state law doesn’t specify how quickly a tenant must be forcibly removed, and the landlord must schedule the eviction with the state troopers.
Possession of the property is returned to the landlord.
Alaska Eviction Notice Sample
When you prepare your own Alaska eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Alaska Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Alaska’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict a Tenant in Alaska with No Lease?
Alaska landlords still need to serve a legal eviction notice, even if the person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 30-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
How Long Does It Take to Evict a Tenant in Alaska?
In many cases, an Alaska eviction can be completed in a few weeks. Once the eviction notice is served, the tenant will have between 1 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. Going through the court process can take up to 2 months, depending on how busy the AK Superior Court system is at the time.
How to File for Eviction in Alaska
If a tenant doesn’t comply after being served with a legally valid Alaska eviction notice, it will be necessary to file a Forcible Entry and Detainer case against them. To do this, the landlord will need to visit their local courthouse, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations