An Alaska 5 Day Notice to Quit is an eviction document served to tenants for nonpayment of utilities. The balance due must be paid within three (3) judicial days . If the balance remains unpaid, the tenant must vacate by the end of the 5th judicial day (not counting weekends and legal holidays).
When to Use an Alaska 5 Day Notice to Quit
Use a 5-Day Notice to Quit to begin the eviction process in Alaska if the tenant is past due on utilities.
If the above is not true, use one of the below forms to evict a tenant:
- 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.
- 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.
- 24 Hour Notice to Vacate – If the tenant committed substantial, deliberate property damage or defacement (amount of damage exceeds four hundred ($400.00) dollars).
- 10 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, refused to allow the landlord access, disturbed the peace and enjoyment of other persons, failed to maintain smoke/carbon monoxide detectors, violated rules with too many occupants at the premises or any other violations of the lease or rules/regulations.
- 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 5 Day Notice to Quit
The Alaska Five (5) Day Notice to Quit 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 violation;
- Select if the tenant has the option to remedy or no option to remedy;
- Enter when the total amount of utilities are due or the date the tenancy will terminate;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Alaska 5 Day Notice to Quit
A landlord can deliver an Alaska Five (5) Day Notice to Quit 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.
Sources
- 1 AK Stat § 34.03.220
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If a public utility providing electricity, natural gas, or water to the premises occupied by the tenant discontinues the service to the premises due to the failure of the tenant to pay for the utility service, the landlord may deliver a written notice to quit to the tenant advising that, notwithstanding (a) of this section, 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 and repays the landlord for any amounts paid by the landlord to reinstate service, and if damage did not occur to the rental unit as a result of the discontinuance of service, the rental agreement will not terminate.
Source Link - 2 AK Stat § 09.45.100
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Process of Service – 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
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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
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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