An Alaska 5 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for illegal conduct or a repeated lease violation. The tenant is not given an opportunity to take corrective action, and must move out within five (5) judicial days (i.e., not counting weekends and legal holidays) of receiving notice.
When To Use an Alaska 5 Day Notice To Vacate
An Alaska 5 Day Notice To Vacate begins the eviction process when a tenant has committed one of the following violations:
- Involvement in, possession of, or imitation of a controlled substance
- Engaging in or promoting prostitution
- Engaging in or promoting gambling
- Involvement in illegal activity with alcohol
- Repeating the same or similar lease violation within a 6-month period after receiving an initial notice of noncompliance
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 Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis for terminating the tenancy
- 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 Vacate
Alaska landlords may deliver an initial written Notice To 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 may not knowingly engage at the premises in prostitution, an illegal activity involving a place of 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
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.