Alaska Eviction Process

Last Updated: January 24, 2023 by Elizabeth Souza

In Alaska, all evictions follow the same process:

1. Landlord files lawsuit.
2. Landlord files complaint with court (if unresolved).
3. Court serves tenant with summons & complaint
4. Court holds hearing and issues judgment.
5. Sheriff posts Writ of Assistance.
6. Sheriff returns possession of property to landlord.

From start to finish, an eviction in Alaska can be completed in one to two months. However, it can take longer depending on the reason and whether the tenant contests it.

Grounds for an Eviction in Alaska

In Alaska, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent or utilities on time, staying after the lease expires, violating lease terms, committing substantial property damage and illegal activity under Alaska law. Even so, proper notice must first be given before ending the tenancy.

Eviction for Nonpayment of Rent

In Alaska, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’ notice to quit.
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If the tenant does not pay the balance due or move out of the rental unit during that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Alaska the day immediately after its due date. So for example, if rent is due on the first day of the month, it is considered late starting on the second day of the month (if not paid in full). There is no right to a legal grace period (i.e. five days) or exceptions for weekends or court-observed holidays.

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

Eviction for End of Lease

In Alaska, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “tenant at will” or “holdover tenant”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 calendar days for tenants that pay month-to-month).
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Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Violation of Lease or Responsibilities

In Alaska, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Alaska landlord tenant law. Some (but not all) violations allow the tenant to fix (“cure”) the issue to avoid removal. Whereas other violations do not allow the tenant to fix the issue (“incurable”) and the tenant must vacate the premises.

Curable Violations

For more minor offenses, the tenant can remain at the property if they fix the issue during the notice period. Depending on the violation, there are different notice periods based on different situations. Examples of curable violations include not maintaining a certain level of cleanliness, disturbing the peace and enjoyment of others or failing to pay the utility balance due.

Eviction for Lease Violation

In Alaska, a landlord can evict a tenant for violating the terms of the lease. To do so, the landlord must first provide 10 days’ notice to comply or vacate.
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The tenant has a chance to fix the issue within the 10-day notice period.

Examples of lease violations include:
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• Violating health/safety standards.
• Disturbing the peace and enjoyment of other persons.
• Failing to maintain smoke and/or carbon monoxide detectors.
• Unreasonable refusal to allow the landlord access to the rental unit.
• Too many occupants residing at the premises.

However, if a tenant repeats a lease violation within a 6-month period, it is a more serious offense and the landlord does not have to offer the tenant a second chance to fix it. Instead, the landlord can terminate the tenancy and serve them with a 5-day notice to vacate.

Eviction for Nonpayment of Utilities

In Alaska, a landlord can evict a tenant for nonpayment of utilities. To do so, the landlord must first provide 5 days’ notice to quit. The tenant can remain on the premises if the utility balance due is paid within 3 days, otherwise the tenant must vacate the premises within the 5-day notice period.
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Incurable Violations

For more serious (or repeated) offenses, the tenant isn’t given the opportunity to fix the issue and remain at the property. For incurable violations, a tenant must vacate the premises within the time allotted in the notice or the landlord can move forward and file an eviction lawsuit. There are different timelines for different situations.

Examples of incurable violations include:

• Causing excessive damage or destruction to the premises.
• Repeating the same or a similar lease violation.
• Using the premises for illegal activity.

Eviction for Substantial Property Damage

In Alaska, a landlord can evict a tenant for intentionally causing substantial property damage or destruction to the premises that exceeds four hundred dollars ($400.00) in damages.
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To do so, the landlord must first serve 24-hours notice to vacate. The tenant does not have the chance to fix the issue and must vacate the premises within the 24-hour period.

Eviction for Illegal Activity / Repeat Lease Violation

In Alaska, a landlord can evict a tenant for committing illegal activity on the premises or repeating the same or a similar lease violation within a 6-month period.
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To do so, the landlord must first give 5-days’ notice to vacate. The tenant does not have the opportunity to fix the issue and must vacate the premises within the 5-day period.

In Alaska, illegal activity includes:
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• Engaging in prostitution or permitting another to engage in prostitution.
• Illegal activity involving a controlled substance or imitation of a controlled substance.
• Engaging in gambling or promoting gambling.
• Illegal activity involving alcoholic beverages.

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in Alaska by serving the tenant with written notice. The notice must be delivered by one of the following methods:

1. Hand delivering the notice to the tenant.
2. Hand delivering the notice to a person of suitable age and discretion AND mailing the notice via certified or registered mail with a return receipt.
3. Leaving the notice in a conspicuous place (i.e. on the front door) AND mailing the notice via certified or registered mail with a return receipt.

It is important for a landlord to always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court. 

7-Day Notice to Quit

In Alaska, if a tenant is late on paying rent (full or partial), the landlord can serve the tenant a 7-Day Notice to Quit. This notice gives the tenant 7 calendar days to pay the entire balance due or vacate the premises.

10-Day Notice to Comply or Vacate

In Alaska, if a tenant does not uphold their responsibilities under the terms of a written lease/rental agreement, the landlord must serve the tenant a 10-Day Notice to Comply or Vacate. This notice gives the tenant 10 calendar days to correct the issue in order to avoid eviction.

Typical lease violations under this category include too many people residing in the rental unit, having a pet when there’s a no-pet policy, failing to maintain the smoke/carbon monoxide detectors and violating material health and safety standards.

If the tenant repeats a lease violation of the same or similar nature within a 6-month period, it is a more serious offense and the landlord may terminate the tenancy by serving them with a 5-day Notice to Vacate.

30-Day Notice to Vacate

In Alaska, for a tenant with no lease or a month-to-month lease, the landlord must serve them a 30-Day Notice to Vacate to end the tenancy. This lease termination notice allows the tenant 30 calendar days to move out. If the last day of the notice period falls on a weekend or legal holiday, then the notice officially expires on the next judicial day (a day when the courthouse is open).

However, for tenants that don’t pay monthly, the amount of notice differs:

5-Day Notice to Quit

In Alaska, if a tenant is late on paying utilities (full or partial), the landlord can serve the tenant a 5-Day Notice to Quit. This notice gives the tenant 3 judicial days to pay the balance due, otherwise the tenant must move out of the rental unit within 5 judicial days.

24-Hour Notice to Vacate

In Alaska, if a tenant intentionally causes substantial destruction to the premises, in excess of four hundred dollars ($400.00) in damages, the landlord must serve the tenant with a 24-Hour Notice to Vacate. This eviction notice gives the tenant 24 hours to move out without the opportunity to fix the issue.

5-Day Notice to Vacate

In Alaska, if a tenant engages in illegal activity or repeats a lease violation of the same or similar nature within a 6-month period, the landlord must provide the tenant with a 5-Day Notice to Vacate. This eviction notice gives the tenant 5 judicial days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

If the notice period ends and the tenant remains on the property, the Landlord must next file a complaint in the court of the proper county. The most convenient way to file a case is by using the Alaska Courts’ e-Filing Portal.

The complaint should include the following information:

• The landlord and tenant names;
• The rental property address, including the county;
• The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.); and
• When notice was served.

After being notarized by the county clerk, the summons and complaint are forwarded to a process server or county sheriff to serve each named tenant. Certain fees may apply for the service of the summons and complaint.

The number of copies and which documents you need to provide varies based on the claims and number of tenants in your suit. To be certain always call the local Clerk’s Office.  When only one tenant is involved, the Landlord will generally need:

• The original and two copies of the summons and complaint;
• Three copies of the notice served on the tenant;
• Three copies of the lease or rental agreement, if applicable;
• The applicable filing fee in the form of cash, check, money order, or credit card; and
• Proof of service.

If filing an eviction suit through the e-Filing Portal, the landlord will still need to serve a copy of the above documents on each tenant. In most counties, filing fees generally cost around $150.

Step 3: Court Serves Tenant with Summons & Complaint

Once the process server or sheriff has served the tenant, the tenant must answer the complaint.  A response must be in writing and filed with the clerk of court within 20 days.

If the tenant contests the eviction, the process may take longer or include additional steps. To contest the eviction the tenant must have a legal defense, or a valid reason why the landlord should not evict them.  The tenant must also serve the landlord with the response containing the defenses.

A valid legal defense may include the following situations:

•  The landlord executed a “self help” eviction prior to finalizing the proper legal proceedings;
• The tenant resolved a curable violation;
• The landlord discriminated against the tenant;
• The landlord evicted the tenant in a retaliatory manner;
• The tenant did not violate the terms of the lease;
• The landlord failed to properly maintain the rental unit as required by state and federal law; or
• The notice or complaint contained substantial errors, such as omitting the effective date of eviction.

A court may dismiss the eviction lawsuit if it finds any of the above defenses to be true, aside from errors in the legal documents.  If the notice or complaint contained substantial errors, the landlord must fix the errors and restart the eviction process.

If the tenant does not choose to contest the eviction, the process will proceed via the steps below.

Step 4: Court Holds Hearing & Issues Judgment

If the tenant did not contest the eviction, the landlord may move forward with filing a default motion judgment to obtain a Judgment for Possession. The eviction hearing will be held within 15 days of the date the complaint was filed with the court.

Tenants may request a two day continuance; however, the court could approve a continuance for a longer period.

If the tenant fails to appear for the eviction hearing, it will not be continued, and the judge will make a ruling on the eviction that day.

If the tenant did contest the eviction, the tenant may be required to pay the Court Clerk the amount of any outstanding rent and any rent until the lawsuit is over. If there is a disagreement over the amount of rent owed, the tenant may file a motion with the court to have the amount determined. Landlords must appear in court.  If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the landlord.

To prepare for the hearing the landlord and tenant should bring the following:

• A copy of the lease agreement;
• The notice to quit or to pay;
• The complaint; and
• Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court.

Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, a Writ of Assistance will be subsequently issued and the process will proceed.

An appeal may be filed within 30 days of the date of judgment in favor of the landlord, but this may not stop the eviction.

Step 5: Sheriff Posts Writ of Assistance

In Alaska, a Writ of Assistance is a court order served to a tenant by a sheriff that gives the sheriff the power to place a padlock on the rental unit.  If the tenant remains on the property upon the sheriff’s return, the tenant will be forcibly removed. If any of the tenant’s belongings remains at the property, they will not be moved. Those belongings may be used as a lien for damages or payment to the landlord.

Step 6: Sheriff Returns Property to Landlord

Alaska state law doesn’t specify how quickly State Troopers must remove a tenant once the writ of assistance has been issued. The landlord does have to work with State Troopers to schedule the eviction.

Alaska Eviction Process Timeline

In Alaska, an eviction can be completed in as little as one to two months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Alaska eviction process outside the control of landlords for cases that go uncontested.

Flowchart of Alaska Eviction Process

For additional questions about the eviction process in Alaska, please refer to the official legislation, Alaska Statutes §§34.03.010 to 34.03.380, §§09.45.060 to 09.45.160, and the Alaska Rules of Civil Procedure, Rule 4, for more information.