An Alaska 5 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of utilities. The tenant must paid the balance due within three (3) judicial days (i.e., not counting weekends or legal holidays), or else move out by the end of the 5th judicial day after receiving notice.
When To Use an Alaska 5 Day Notice To Quit
An Alaska 5 Day Notice To Quit begins the eviction process when a tenant is past due on utilities and the utility provider discontinues service.
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 5 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, plus the specific payment amount(s) and recipient(s) demanded
- 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 5 Day Notice To Quit
Alaska landlords may deliver an initial written Notice To Quit 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 § 34.03.220
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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 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.