An Alaska 10 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” breach of the lease (one which the tenant is allowed an opportunity to correct), such as a failing to maintain smoke detectors. The tenant must take appropriate corrective action, or else move out within ten (10) calendar days.
When To Use an Alaska 10 Day Notice To Comply or Vacate
An Alaska 10 Day Notice To Comply or Vacate begins the eviction process against a tenant who has committed one of the following violations:
- Failing to maintain the premises in a clean and sanitary manner
- Refusing to allow the landlord lawful access to the premises
- Failing to maintain smoke or carbon monoxide detectors
- Disturbing the quiet enjoyment of neighbors
- Violating occupancy rules for the premises
- Other violations of the lease
Some types of Alaska lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Alaska 10 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate and corrective action necessary, if applicable
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Alaska 10 Day Notice To Comply or Vacate
Alaska landlords may deliver an initial written Notice To Comply or Vacate 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.
Sources
- 1 AK Stat § 34.03.120
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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 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 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 - 3 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.