An Alaska 5 Day Notice to Vacate is an official legal eviction form written by the landlord and provided to the tenant for illegal conduct or a repeated lease violation. The tenant cannot remain on premises and must vacate within five (5) judicial days (not counting weekends and legal holidays).
When to Use an Alaska 5 Day Notice to Vacate
Use a 5-Day Notice to Vacate to begin the eviction process in Alaska:
- If the tenant is involved in possession of or imitation of a controlled substance.
- If the tenant engaged in or promoted prostitution.
- If the tenant engaged in or promoted gambling.
- If the tenant is involved in illegal activity with alcohol
- If the tenant repeated the same or a similar lease violation within a 6-month period.
If none of the above are true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit – If the tenant is past due on utilities.
- 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 Vacate
The Alaska Five (5) Day Notice to 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 incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 Vacate
A landlord can deliver an Alaska Five (5) Day Notice to 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.
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 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