The Alaska eviction notices are used by landlords to begin the process of removing a tenant from the premises of a property for a lease violation. The landlord must follow Title 9, Chapter 45 and may use Form CIV-720 as a guide. After the a violation has occurred the owner of the property must identify the issue and write the tenant through a form known as the ‘Notice to Quit’. If the issue is curable, such as with a late rent payment or other issue that can be remediated the lessee will have a suggested time-frame to cure the problem. If the issue is incurable, such as damage or illegal activities on the premises, the tenant will be forced to leave by the end of the time period suggested.
Types of Notices
24-Hour Notice to Quit (Tenant Deliberately Inflicted Substantial Damage to the Premises) – If the tenant has purposely and maliciously caused sufficient damage to the premises the landlord may serve an action requesting the lessee to leave the property within twenty-four (24) hours.
5-Day Notice to Quit (Illegal Activity) – If the tenant has been accused or caught conducting illegal activities on the property they shall have five (5) days to remove themselves and their possessions from the property.
7-Day Notice to Quit (Non-Payment of Rent) – If the lessee does not pay rent on the date stated in the lease agreement the lessor has the right to serve this notice.
10-Day Notice to Quit (Non-Compliance) – If the lessee has broken a part of the lease that does not have to do with the non-payment of rent the landlord must provide ten (10) days to cure the issue. If the violation has not been cured the lessee will be forced to move-out at the end of the period.
30-Day Notice to Quit (Month-to-Month Tenancy) – A tenancy-at-will and either the landlord or tenant wish to cancel then this form may be completed to terminate the lease by providing at least thirty (30) day notice.
When is Rent Late
According to § 34.03.020(c) rent is due at the time and place as agreed upon by the parties. This agreement usually refers to the rental contract signed by the landlord and tenant.
How to Evict (Process)
Step 1 – The landlord must begin the process by deciding which notice to quit best fits their situation;
- Tenant Caused Deliberate Damage
- Illegal Activity Occurred
- Non-Payment of Rent
- Non-Compliance with Agreement (other than rent)
Step 2 – After serving the tenant with the appropriate form and they remain on the property,in violation of the notice, the landlord must file the Compliant (Form CIV-730) (Attach a copy of the Notice to Quit).
If the amount of damage is under $100,000 the case must be filed in a District Court, if over $100,000 it must be filed in a Superior Court.
The following must also be filed:
- Case Description – District Court – Superior Court
- Judgment for Possession (CIV-300)
- Service Instructions (CIV-615)
- Summons (CIV-105)
- Writ of Assistance (CIV-575)
A fee for the amount of $125 must be attached if filing in a District Court and $200 if in the Superior.
Step 3 – A copy of the filed Complaint and Summons must be sent to the Defendant. The Service Instructions must be used to guide the process server (See State Approved List). After the Defendant has been served they will file a form called the Returns of Service with you and the court.
Step 4 – The Defendant will have a maximum of twenty (20) days to file an Answer (CIV-735) with the court.
Step 5 – Both parties should attend the hearing and the Judge will only rule on whether the landlord is entitled to possession of the property and not if they are granted damages. After the hearing is complete and the landlord would like to get damages the court will typically automatically set an additional trial hearing. If not, the petitioner will have to file CIV-200 (Memorandum to Set Civil Case For Trial).