In Alaska, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Notices in Alaska?
In Alaska, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Notices Be Served in Alaska?
In Alaska, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 7 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Alaska, rent is late starting the day after it’s due.
Acceptable Forms of Service in Alaska
A landlord can deliver notices in Alaska using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
Obtaining Proof of Service in Alaska
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery.
- Certified or Registered Mail – via return receipt and by completing a Declaration of Service at the time of mailing.
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery.
Alaska Eviction & Lease Termination Notice Forms
Notice Form | Grounds |
7 Day Notice to Quit | Eviction for Unpaid Rent |
24 Hour Notice to Vacate | Eviction for Substantial Property Damage |
5 Day Notice to Quit | Eviction for Nonpayment of Utilities |
5 Day Notice to Vacate | Eviction for Illegal Activity /
Repeat Lease Violation |
10 Day Notice to Comply or Vacate | Eviction for Lease Violation |
14 Day Notice to Vacate | Ending a Weekly Lease |
30 Day Notice to Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 AK Stat § 09.45.100
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A notice to quit shall be in writing and shall be served upon the tenant or person in possession by being
(1) delivered to the tenant or person;
(2) left at the premises in case of absence from the premises; or
(3) sent by registered or certified mail.
Source Link - 2 Alaska Court Rules of Civil Procedure - Rule 6
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Rule 6 – Additional Time After Service or Distribution by Non-Electronic Mail. Whenever a party has the right or is required to act within a prescribed period after the service or distribution of a document, other than documents served under Civil Rule 4(h), and the document is served or distributed by non-electronic mail, three calendar days shall be added to the prescribed period. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur.
Source Link