Make a Alaska Eviction Notice

What are the Components of an Alaska Eviction Notice?

There are several types of Alaska eviction notices. All of them have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to follow its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

Alaska eviction notices are also known as a notice to quit. The number of days the tenant receives to correct the issue or vacate the premises depends on the notice issued.

Alaska 7-Day Notice to Quit for Non-Payment of Rent

Non-payment of rent is generally a curable lease violation. If the tenant pays their rent within seven days, they will not be required to leave the real property. It is very important that the landlord explains in the notice that the tenant has the choice to pay or leave the property. If the tenant pays after the seven days are up, the landlord may decide whether to accept the rent or to continue with the eviction. An Alaska eviction notice for non-payment of rent must comply with AS 34.03.220(b).

To complete this eviction notice, you’ll need the following additional information:

• The amount of rent owed to the landlord.
• The date and time by which the rent must be paid.

Alaska 10-Day Notice to Quit for Curable Non-Compliance

This particular Alaska eviction notice is used with curable lease violations other than non-payment of rent. Tenants have 10 days to correct the violation or vacate the property (curable violation). However, if the tenant violates the lease again in the same way during the next six months, the landlord is legally allowed to send a 5-day notice to quit instead of a 10-day notice. This eviction notice must comply with AS 34.03.220(a)(2).

To complete this eviction notice, you’ll need the following additional information:

• A description of the lease violation.
• The date by which the tenant must correct the violation or vacate the property.

Alaska 24-Hour Notice to Quit for Deliberate Damage

A 24-Hour Notice to Quit is used when the tenant deliberately and maliciously damages the rental property in some way and that damage is worth at least $400. It means that the tenant has 24-hours to vacate the property (incurable violation). These eviction notices must abide by AS 34.03.220(a)(1).

To complete this type of eviction notice, you’ll need the following additional information:

• A description of the deliberate and malicious damage done to the property.
• The date by which the tenant must vacate the property.

Alaska 5-Day Notice to Quit for Illegal Activities

A 5-Day Notice to Quit for Illegal Activities is used by the landlord if the tenant is caught in the midst of illegal activity on the property or if the tenant is suspected of doing such. Illegal activities are considered nuisances under Alaska law. Depending on the circumstances, illegal activity may qualify as a 24-hour notice to quit. Illegal activities are generally considered an incurable lease violation.

To complete this type of eviction notice, you’ll need the following additional information:

• A description of the illegal activity that took place or suspected as happening on the rental premises.
• The date by which the tenant must vacate the property.

Alaska Lease Termination Letter – 30 Day Notice

A 30-Day Notice to Quit can be used in Alaska to terminate a month-to-month tenancy. It acts as written notice to inform the tenant that the landlord does not plan to renew the lease agreement at the end of the month. This notice must comply with AS 34.03.290. It is not considered an eviction.

You’ll need the following information to draft this type of notice:

• The legal name of the tenant(s) that are a party named in the lease.
• The name of the landlord.
• The address of the rental property, including the county.
• The date the notice was created.
• The date that the lease will terminate and an explanation that the notice is being used to explain to the tenant that the month-to-month agreement will not be renewed.
• The signature of the landlord.
• A certificate of service that lists the date the tenant was served and how they were served.

Service of an Alaska Eviction Notice

According to AS 09.45.100(c), service of an Alaska eviction notice must be served on the tenant in person by one of the following three methods:

1. Delivered in person to the tenant.
2. Left at the premises in the event the tenant is absent from it.
3. Sent by certified mail.

It is generally served by the landlord or the property manager. The person who serves the notice must be available to testify in the event that the F.E.D. is filed against the tenant.

What are the Legal Considerations of an Alaska Eviction Notice?

Alaska eviction notices must comply with the landlord-tenant laws of the state. It’s important for landlords to note that an eviction notice is the first step that must be taken and that a forcible entry and detainer (F.E.D.) lawsuit cannot be filed unless the proper eviction notice was drafted and legally served on the tenant.

Evictions must be legal in nature. In Alaska, an unlawful eviction could include changing the locks, taking the belongings of the tenant, removing the doors, turning off the water, turning off the electricity, turning off the gas, retaliatory evictions, or evictions for discriminatory reasons. For more information about what may be considered an illegal eviction in Alaska, contact a landlord-tenant lawyer in your county. Paying attorney fees is well worth understanding what you can and cannot do as a landlord. Otherwise, you could be providing the tenant with a counterclaim they can use during the court hearing you file or with a complaint they can file on their own against you.

It’s important that landlords issue the proper eviction notice and abide by the time frame set by Alaska law. For your convenience, we’ve linked to various laws above as well as listed the number of days required for the most common eviction notices used.

Eviction notices must be served in accordance with landlord-tenant law. Service options include certified mail, hiring a private process server, or the landlord may personally serve the tenant. While personally serving the tenant may seem like an economical choice, it’s not necessarily the best option. Evictions can get heated, especially if they involve an incurable lease violation. They can cause people to act in ways they may not usually act.

Eviction Information for Alaska Tenants

If you were served with an Alaska eviction notice, read it carefully. First, determine why the notice was served. Second, determine if you’re being given a certain amount of time to correct the issue. For example, if you were served for non-payment of rent, the notice should include how much you owe and the date by which the past due amount must be paid.

If you have questions, contact the landlord. Remain calm. Understand that if you are actually evicted, it could make it hard for you to find housing. If you’re sued in court, that could affect your credit. You also have the option to contact a lawyer who practices in this area and get your questions answered in that way. If you cannot afford a lawyer, look for legal clinics and legal aid offices that may be able to help you.

Eviction Information for Alaska Landlords

Eviction notices must be served in order for them to be legal. Evictions also cannot be issued for illegal reasons as discussed above under the Legal Considerations section. You have options when it comes to serving the tenant:

• Certified mail with return receipt requested, which provides proof of delivery;
• Hire a private process server. This also provides proof of service by a signed oath from the process server;
• Personally serve the tenant. Make sure that you complete a certificate of service. You should also remember that this has the potential to put you into a dangerous situation.

If you do not serve the tenant, you cannot legally evict them or file a lawsuit if they refuse to leave the property. You could also be sued.

Remember that all Alaska eviction notices must comply with the landlord-tenant laws of the state. We’ve linked to those laws for the most common forms of eviction. If you have additional questions about eviction notices, contact a landlord-tenant lawyer.