An Alaska eviction notice form is a legal instrument provided to tenants instructing them to either comply with the terms of the rental agreement or vacate the premises. In Alaska, eviction notices can be delivered for unpaid rent, lease violations or engaging in illegal activity.
Types of Alaska Eviction Notice Forms
Notice Form | Grounds | Curable? |
7 Day Notice to Quit | Unpaid Rent | Yes |
10 Day Notice to Comply or Vacate | Lease Violation | Yes |
5 Day Notice to Quit | Nonpayment of Utilities | Yes |
24 Hour Notice to Vacate | Substantial Property Damage | No |
5 Day Notice to Vacate | Illegal Activity /
Repeat Lease Violation |
No |
30 Day Notice to Vacate | Monthly / Yearly Lease | No |
Alaska 7 Day Notice to Quit
An Alaska 7 Day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the rent balance due or vacate the premises within seven (7) calendar days.
Alaska 10 Day Notice to Comply or Vacate
An Alaska 10 Day Notice to Comply or Vacate eviction form is used for a breach of the lease. Lease violations include disturbing the peace, committing a health / safety violation or for failure to maintain smoke or carbon monoxide detectors. The tenant has the option to remedy the infraction, otherwise the tenant must move out within ten (10) calendar days.
Alaska 5 Day Notice to Quit
An Alaska 5 Day Notice to Quit eviction form is used for nonpayment of utilities. Even though the notice period is for five (5) judicial days, the tenant is only given three (3) judicial days to reinstate utility service and pay the balance due. If the balance remains unpaid, the tenant must move out and deliver possession of the premises by the end of the 5th judicial day (not counting weekends or legal holidays).
Alaska 24 Hour Notice to Vacate
An Alaska 24 Hour Notice to Vacate eviction form is used for deliberate and substantial property damage. The tenant does not have the option to remain on premises and must move out within one (1) judicial day (not counting weekends or legal holidays).
Alaska 5 Day Notice to Vacate
An Alaska 5 Day Notice to Vacate eviction form is used for an incurable breach such as illegal conduct on the premises. The tenant cannot stay in the rental unit and must deliver possession within five (5) judicial days (not counting weekends or legal holidays).
Alaska 30 Day Notice to Vacate
An Alaska 30 Day Notice to Vacate is an official document designed to terminate a rental agreement, including a month-to-month or year-to-year lease. This lease termination letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease. The notice must be provided to either party at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Alaska
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Alaska
An eviction notice in Alaska takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted.
If the notice period is seven (7) days or longer, all days are counted in the period, including weekends and legal holidays. Regardless of the notice period length, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day.
How to Serve an Eviction Notice in Alaska
A landlord can serve eviction notices in Alaska 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 registered or certified 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 registered or certified mail with a return receipt.
When sending the notice by registered or certified mail , add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 Alaska Court Rules of Civil Procedure - Rule 6
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Rule 6 – Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, not counting any period for mailing added under subsection (c) of this rule, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
Source Link - 2 AK Stat § 09.45.100
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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 AK Stat § 09.45.100
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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 - 4 Alaska Court Rules of Civil Procedure - Rule 6
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Rule 6 – 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. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur.
Source Link