An Alaska 10 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a curable breach of the lease, such as a failing to maintain smoke detectors. The tenant has the ability to correct the lease violation or move out within ten (10) calendar days.
When to Use an Alaska 10 Day Notice to Comply or Vacate
Use a 10-Day Notice to Comply or Vacate to begin the eviction process in Alaska:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant refused to allow the landlord access to the premises.
- If the tenant failed to maintain smoke/carbon monoxide detectors.
- If the tenant disturbed the peace and enjoyment of others on the premises.
- If the tenant violated the rules with too many occupants at the premises.
- If the tenant committed any other violations of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- 7 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 5 Day Notice to Quit – If the tenant is past due on utilities.
- 5 Day Notice to Vacate – If the tenant is involved in possession of or imitation of a controlled substance, engaged in or promoted prostitution, engaged in or promoted gambling, is involved in illegal activity with alcohol or a repeated lease violation within a 6-month period.
- 24 Hour Notice to Vacate – If the tenant committed substantial, deliberate property damage or defacement (amount of damage exceeds four hundred ($400.00) dollars).
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Alaska 10 Day Notice to Comply or Vacate
The Alaska Ten (10) Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Alaska 10 Day Notice to Comply or Vacate
A landlord can deliver an Alaska Ten (10) Day Notice to Comply or Vacate 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.
- 1 AK Stat § 34.03.120
(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 unreasonably disturb, or permit others on the premises with the tenant’s consent to unreasonably disturb, a neighbor’s peaceful enjoyment of the premises;
(6) shall maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095
(7) may not allow the number of individuals occupying the premises to exceed the number allowed by applicable law, by a covenant limiting the landlord’s use of the premises, or the rental agreement.Source Link
- 2 AK Stat § 09.45.100
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
- 3 Alaska Court Rules of Civil Procedure - Rule 4
Service of Process by Mail. In addition to other methods of service provided for by this rule, process may also be served within this state or the United States or any of its possessions by registered or certified mail, with return receipt requested, upon an individual.Source Link
- 4 Alaska Court Rules of Civil Procedure - 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.Source Link