The official term for an eviction case in Alaska is a Forcible Entry and Detainer. The eviction process can differ from county to county, but they more or less are the same:
This article details a summary for a landlord to refer to when evicting a tenant. Alternatively, a landlord can ask an attorney for legal help if they have any questions on landlord-tenant rights.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
An eviction notice is usually a form that is filled out by the landlord that details their violation and whether or not a tenant can fix the issue. The notice period depends on the reason for eviction. This form is essential because, without it, the tenants may easily win the case.
The most common reason for eviction is failure to make a timely rent payment. A landlord can evict a tenant for failing to pay the rent due.
Rent is considered late in Alaska a day past its due. However, a grace period that gives more time to pay rent due may be available if indicated in the lease/rental agreement.
Before a landlord can start with the eviction process for not paying rent, the landlord must provide the tenant a written eviction form called a 7-Day Notice to Quit. This notice informs the renters that are required to move out of the property or pay the rent in 7 days in order to avoid eviction.
If tenants who are being evicted for failing to pay rent on time manage to pay all rental payments in full to the landlord before the 7 days are up, the entire eviction process stops, and they can continue staying within the rental premises.
A lease agreement can vary between tenants. Landlords and tenants are required to uphold the terms of the lease agreement at all times.
The landlord can evict the tenant for a lease violation. The landlord must provide the tenant a 10-Day Notice to Comply, which gives the tenant 10 days to fix the issue.
Lease violations include:
The landlord may continue filing for an eviction lawsuit if the tenant fails to resolve the issue and remains inside the rental unit after the given notice period.
If a tenant has engaged in illegal activity on the rental premises, the landlord must give them a written notice between 24 hours to 5 days to move out of the property.
A notice period of 24 hours is usually given to tenants who damage more than $400 worth of property.
Examples of illegal activity are, but not limited to:
Should the tenant remain on the rental premises after their notice period ends, the landlord may continue filing for an eviction case.
Utilities include electricity, gas, water, etc. Tenants are usually required to pay for whichever utilities are stated in the rental agreement. Should the tenant fail to pay them and gets said utilities disconnected in the rental unit, the landlord can evict them.
Landlords must give their tenants a written eviction notice of at least 5 days. However, if the tenant was able to pay all due amounts for utilities and service is restored within 3 days of receiving the eviction notice, they may stay on the property.
Repairs, inspections, and shows of the unit are reasonable causes for a landlord to enter the tenant's rental unit.
Of course, they have to ask permission first, but if a tenant refuses to allow the landlord access for petty reasons, then the landlord can give the tenant a written Notice to Quit that gives them 10 days to move out of the property.
The notice informs the tenant that they have 10 days to move out or else an eviction suit will be filed against them.
An Alaska eviction process does not allow a landlord to evict a tenant without good cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
However, tenants can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).
This type of eviction notice usually only applies if the landlord wants to end the tenant's lease. The required notice time given to a tenant depends on their tenancy type. If the tenancy type is monthly, the landlord may issue a 30-Day Notice to Quit.
Should the tenant remain in the rental premises even after their notice period ends, the landlord may continue to file for eviction proceedings in order to evict the tenant from the property.
Want to generate your own Alaska lease agreement? Simply head over to DoorLoop's Forms Page and download a template today!
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Alaska eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
After the notice period has passed, the landlord may file a complaint. Successful evictions rely on correct filings, so the landlord must file all the forms correctly.
It takes between 24 hours to 30 days before a landlord can file a complaint. This depends on the notice given to the tenant.
| Lease Agreement / Type of Tenancy | Eviction Notice to Receive |
|---|---|
| Weekly | 14-Day Notice to Quit |
| Monthly | 30-Day Notice to Quit |
The Summons and Complaint must be served to the tenant. The landlord must not serve this document themselves. The document should contain information such as the date and time of the court trial.
Alaska allows a professional process server or a peace officer to serve the document. It has to be delivered at least 2 days before the eviction hearing is scheduled.
The summons and its corresponding documents have to be served through one of the following methods:
The tenant has the option to file for a continuance that lasts no longer than 2 days. However, if the eviction involves a monetary dispute such as money damages, the tenant must file an answer within 20 days that shows they disagree with the complaint.
The Summons and Complaint must be served at least 2 days before an eviction hearing is scheduled. In cases that involve monetary damages, the tenant has 20 days to file an answer to the court.
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
A landlord has to provide a strong argument backed up by solid evidence against their tenant in order to win. Should the tenant fail to show up to the hearing, the landlord may win by default.
Either party may appeal the judgment within 30 days from the time Judgment for Possession was issued by the court.
If the case involved unpaid finances or monetary damages, a separate damages hearing is held after the eviction hearing. Should the tenant fail to file an answer, the court may approve the landlord's monetary claim without needing a hearing.
During the court hearing, the landlord has to support their claim with evidence and show it to the judge. This includes, but is not limited, by the following:
An eviction hearing is scheduled within 15 days after the landlord filed the complaint. Each party has 30 days to file an appeal for reconsideration once the judgment is passed.
An eviction hearing is scheduled within 15 days after the landlord filed the complaint. An appeal can be filed within 30 days after the judgment is passed.
Once the landlord wins the case and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Assistance upon the landlord's request.
The Judgment of Possession is another document that tells the tenant they have to move out by the deadline given by the court.
The Writ of Assistance is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted. If the tenant fails to do so, they will be forcibly evicted.
This final step in the eviction process is to move the tenant out of their housing on the property. Alaska laws do not dictate how long a tenant has to move out of the rental property.
The court usually announces this information after Judgment for Possession is given to the landlord. Nevertheless, they have to pack up their things and leave.
The law outlines no specific timeline. The Writ of Assistance may be issued within a few hours to a few days, while the move-out period can take a few days to a few weeks.
On average, it takes one month to two months for a complete eviction process.
| Steps of the Eviction Process | Average Timeline |
|---|---|
| Issuing an Official Notice | 24 hours - 30 days |
| Issuance and Service of Summons and Compliant | 2 days before the hearing |
| Court Hearing and Judgment | 15 days |
| Issuance of Writ of Execution | A few hours to a few days |
| Return of Rental Unit | A few days to a few weeks |
In almost every state in the US, a landlord must never try to force a tenant to move out of the rental unit. This is categorized as a “self-help” eviction process. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit. Even then, the only person authorized to remove the tenant is a sheriff or constable. Alaska law has made it illegal for a landlord to personally remove the tenant from the rental unit.
Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit.
According to Alaska Civil Code, you may be liable for Tenant’s Court Costs & Attorneys’ Fees. The statute also gives the tenant the right to stay.
A tenant can sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.