From start to finish, an eviction in Alaska can be completed in 1-2 months. However, it can take longer depending on the reason for eviction 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 illegal activity
Depending on the the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 7 Days | Yes |
| Nonpayment of Utilities | 5 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | 10 Days | Yes |
| Substantial Property Damage | 24 Hours | No |
| Illegal Activity or Repeat Lease Violations | 5 Days | No |
Even when there are legal grounds to evict, proper notice must first be given before ending the tenancy.
Nonpayment of Rent
In Alaska, a landlord can evict a tenant for not paying rent on time. The landlord must first serve the tenant a 7 days’ notice to quit, which allows the tenant to pay the balance due or move out.
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. Alaska landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on January 1st, it will be considered late starting on January 2nd, unless the lease specifically states there is a grace period.
Nonpayment of Utilities
In Alaska, a landlord can evict a tenant for nonpayment of utilities if the utility company disconnects service. To do so, the landlord must first provide the tenant a 5-days’ notice to quit.
The tenant has the option to reinstate service with the utility company and pay the balance due within 3 days or move out within the 5-day notice period.
If the tenant does not pay the balance due and reinstate utility service or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If the tenant repeats the violation within 6 months, the landlord does not need to provide an opportunity for the tenant to cure.
End of Lease or No Lease
In Alaska, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). A landlord must first give the tenant proper notice to move out. For month-to-month tenants, 30-days’ notice must be given.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Alaska, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Alaska landlord tenant law. Landlords must first provide the tenant a 10-days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain a habitable premise
- Using all facilities and appliances in an unreasonable or unsafe manner
- Disturbing the neighbors’ peaceful enjoyment of the premises
- Failing to properly maintain smoke detectors and carbon monoxide detectors
- Changing the locks, unless it’s an emergency, without the landlord’s consent
- Allowing unauthorized occupants to reside in the rental unit
- Causing property damage beyond normal wear and tear
If the tenant does not correct the lease violation or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Substantial Property Damage
In Alaska, a landlord can evict a tenant for intentionally causing substantial destruction to the premises, which exceeds four hundred dollars ($400.00) in damages. The landlord must first serve the tenant a 24-hour notice to vacate.
The tenant does not have a chance to fix the issue and must move out of the rental unit within the 24-hour period.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity or Repeat Violations
In Alaska, a landlord can evict a tenant for committing illegal activity on the premises or repeating a lease violation within a six month period. To do so, the landlord must first serve the tenant a 5-days’ notice to vacate.
The tenant does not have the opportunity to fix the violation and must vacate the premises within the 5-day period.
In Alaska, illegal activity includes:
- Engaging in or allowing others to engage in prostitution
- Committing unlawful activities involving controlled substances
- Allowing gambling or promoting gambling to other persons
- Committing an unlawful act that involves alcoholic beverages
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Alaska
In Alaska, there are a few different types of eviction actions that are illegal. If proven in court, the landlord could be liable for damages including attorney’s fees.
“Self Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining to the landlord about an issue with the property
- Contacting a local or government agency about an issue with the property
- Joining, supporting or organizing a tenant union or organization
- Pursuing legal action against the landlord
- Withholding rent for a legally acceptable reason
In Alaska, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files a complaint with the court due to unresolved violations
- Court serves tenant with summons and complaint
- Court holds a hearing and issues a judgment
- Sheriff posts writ of assistance
- Sheriff returns possession of the property to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Alaska by serving the tenant with written notice. Alaska landlords may deliver an initial written eviction notice by any of the following methods:
- Hand delivery to the tenant
- Only when hand delivery fails: Leaving the notice at the tenant’s premises
- Delivery by registered or certified mail
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Landlords should 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 eviction notice gives the tenant 7 days to pay the balance due or vacate the premises.
30-Day Notice To Vacate
In Alaska, if a tenant has no lease or a month-to-month lease, the landlord can serve the tenant a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice gives the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
| Week-to-Week | 14 Days |
| Month-to-Month | 30 Days |
5-Day Notice To Quit
In Alaska, if a tenant is late on paying utilities (full or partial) and the utility provider discontinues service, the landlord can serve the tenant a 5-Day Notice To Quit.
This eviction notice gives the tenant 5 days to pay the balance due and reinstate service with the utility provider, otherwise the tenant must move out of the rental unit within 5 days.
If the tenant repeats the violation within 6 months, the landlord does not have to give the option of allowing the tenant to cure.
10-Day Notice To Comply or Vacate
In Alaska, if a tenant violates the terms of the lease or does not uphold their legal responsibilities, the landlord can serve the tenant a 10-Day Notice To Comply or Vacate. This eviction notice gives the tenant 10 days to correct the issue or move out.
If the tenant repeats the same or a similar lease violation within a 6-month period, the landlord can terminate the tenancy by serving a 5-day Notice To Vacate.
24-Hour Notice To Vacate
In Alaska, if a tenant intentionally causes substantial destruction to the premises, which exceeds four hundred dollars ($400.00) in damages, the landlord can serve the tenant a 24-Hour Notice To Vacate.
This eviction notice gives the tenant 24 hours to move out without the chance 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 six month period, the landlord can serve the tenant a 5-Day Notice To Vacate.
This eviction notice gives the tenant 5 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 can next file a complaint in the court of the county in which the property is located. The most convenient way to file a case is by using the Alaska Courts’ e-Filing Portal. Landlords may also submit papers directly to the Clerk’s Office.
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 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.
The summons and complaint must be served at least 2 days before the hearing, or the hearing may be postponed by the judge.
Step 3: Court Serves Tenant with Summons and Complaint
Once the process server or sheriff has served the tenant, the tenant may choose to answer and contest 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 tenant must serve the landlord with a response outlining 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
- 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 and 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. 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 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 does contest the eviction, the tenant may be required to pay the Court Clerk an agreed upon amount of any outstanding rent and any rent until the lawsuit is over. 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
- 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.
The eviction case must be held within 15 days of the date the complaint was filed.
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.
The landlord must request the writ of assistance once the court-ordered deadline requiring the tenant to move out has passed.
Step 6: Sheriff Returns Property to Landlord
Alaska state law does not 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.
The time it takes for a tenant to receive their property will depend on how quickly the landlord and State Troopers are able to schedule the eviction once the writ of assistance has been issued.
Alaska Eviction Process Timeline
In Alaska, an eviction can be completed in as little as 1-2 months, but can take longer depending on the reason for eviction and whether the eviction is contested.
The following are steps of the Alabama eviction that are outside the control of landlords.
| Step | Estimated Time |
| Initial Notice Period | 24 Hours to 30 Calendar Days |
| Court Issuing/Serving Summons | 2 Days Prior to Hearing |
| Tenant Response Period | 20 Calendar Days |
| Court Ruling | Within 15 Calendar Days |
| Court Serving Writ of Possession | Hours to Days |
| Final Notice Period | A few days to a few weeks |
Flowchart of Alaska Eviction Process
Alaska Eviction Court Fees
The average cost of an eviction in Alaska for all filing, court, and service fees is $450. The cost can vary depending on the service fees. The eviction lawsuit must be filed in District Court.
| Fee | District |
| Initial Court Filing | $150 |
| Summons Service | $40+ |
| Writ of Assistance Issuance | $25 |
| Writ of Assistance Service | $45+ |
| Notice of Appeal (Optional) | $250 |
Sources
- 1 AK Stat §34.03.220 (2019)
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(b) If rent is unpaid when due and the tenant fails to pay rent in full within seven days after written notice by the landlord of nonpayment and the intention to terminate the rental agreement if the rent is not paid within that period of time, the tenancy terminates…
- 2 AK Stat §34.03.220 (2019)
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(a)(2) if there is a material noncompliance by the tenant with the rental agreement…the landlord may deliver a written notice to quit to the tenant…specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate on a date not less than 10 days after service of the notice; if the breach is not remedied, the rental agreement terminates…
- 3 AK Stat §34.03.220 (2019)
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(a)(2) if there is a material noncompliance by the tenant…materially affecting health and safety, the landlord may deliver a written notice to quit…specifying that the rental agreement will terminate on a date not less than 10 days after service of the notice; if the breach is not remedied, the rental agreement terminates as provided in the notice…
- 4 AK Stat §34.03.290 (2019)
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(a)…the landlord or the tenant may terminate a week to week tenancy by a written notice given to the other at least 14 days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month to month tenancy by a written notice given to the other at least 30 days before the rental due date specified in the notice.
- 5 AK Stat §34.03.220 (2019)
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(e) If a public utility providing electricity, natural gas, or water… discontinues…service…due to the failure of the tenant to pay…the landlord may deliver a written notice to quit to the tenant advising that…the tenancy will terminate five days after the landlord’s service of the notice. If, within three days from the service of the notice, the tenant reinstates the discontinued service…the rental agreement will not terminate.
- 6 AK Stat §34.03.300 (2019)
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(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover an amount not to exceed the actual damages or one month’s periodic rent, whichever is greater. If the landlord terminates the rental agreement, the landlord shall give written notice to the tenant at least 10 days before the date specified in the notice.
- 7 AK Stat §34.03.220 (2019)
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(a)(1) if the tenant…deliberately inflicts substantial damage to the premises…or the tenant engages in or permits another to engage in prostitution or another illegal activity at the premises in breach of AS 34.03.120(b), the landlord may deliver a written notice to quit…specifying that the rental agreement will terminate…not less than 24 hours or more than five days after service of the notice…
- 8 AK Stat §34.03.120 (2019)
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(b) The tenant may not knowingly engage at the premises in prostitution…an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises.
(a) The tenant
(1) shall keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit;
(2) shall dispose all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner;
(3) shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(4) shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, in the premises;
(5) may not deliberately or negligently destroy, deface, damage, impair, or remove a part of the premises or knowingly permit any person to do so;
(6) may not unreasonably disturb, or permit others on the premises with the tenant’s consent to unreasonably disturb, a neighbor’s peaceful enjoyment of the premises;
(7) shall maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095;
(8) may not, except in an emergency when the landlord cannot be contacted after reasonable effort to do so, change the locks on doors of the premises without first securing the written agreement of the landlord and, immediately after changing the locks, providing the landlord a set of keys to all doors for which locks have been changed; in an emergency, the tenant may change the locks and shall, within five days, provide the landlord a set of keys to all doors for which locks have been changed and written notice of the change.
- 9 AK Rules of Civil Proc Rule 4 (2019)
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(c) (1) Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.
- 10 AK Stat §09.45.120 (2019)
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Summons in actions for forcible entry and detainer shall be served not less than two days before the date of trial.
- 11 AK Rules of Civil Proc Rule 4 (2019)
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(d)(1)…by delivering a copy…to the individual personally, or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
- 12 AK Rules of Civil Proc Rule 4 (2019)
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(h) …may also be served…by registered or certified mail, with return receipt requested, upon an individual…Service of process by mail under this paragraph is complete when the return receipt is signed.
- 13 AK Stat §09.45.120 (2019)
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A continuance may not be granted for a longer period than two days unless the defendant applying for the continuance gives an undertaking to the adverse party, with sureties approved by the court conditioned to the payment of the rent that may accrue if judgment is rendered against the defendant.
- 14 AK Stat § 34.03.220(2)
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If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least five days’ written notice to quit specifying the breach and the date of termination of the rental agreement.
Source Link - 15 AK Stat § 34.03.290(b)
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The landlord or the tenant may terminate a month to month tenancy by a written notice given to the other at least 30 days before the rental due date specified in the notice.
Source Link - 16 Alaska Stat. § 09.45.100(c)
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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 - 17 Alaska R. Civ. P. 6(c)
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Source Link
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.
