Alaska Eviction Process: The 7-Day Notice for Rent, a Hearing Within 15 Days, and No Lockouts

An Alaska eviction is a court case called a forcible entry and detainer [9]. Before filing, the landlord has to serve a written notice to quit [6]. For unpaid rent, that’s seven days to pay in full [1]. Once the case is filed, the court holds a hearing within 15 days [9].

Step 1: The notice to quit

Unpaid rent. If rent isn’t paid when due, the landlord can give written notice of the nonpayment and say the tenancy will end if the rent isn’t paid in full within seven days [1]. If the tenant doesn’t pay, the tenancy ends and the landlord can move to recover the unit [1]. This rent notice also counts as the notice to quit, so no second notice is needed [6].

Partial payments matter. The statute lets a landlord who has given the 7-day notice accept part of the rent and extend the eviction date [1]. The Alaska Court System’s guide for tenants puts it this way: if the landlord accepts a part payment, it has to give a new notice with a new 7-day deadline before it can go ahead; if it turns the part payment down, it can still proceed [10].

Other lease violations. For a material breach of the rental agreement, or a problem that materially affects health and safety, the notice has to name the problem and give at least 10 days [1]. If the tenant fixes it before the date in the notice, the lease doesn’t end [1]. If substantially the same problem happens again within six months, the landlord can end the tenancy on at least five days’ notice, with no chance to fix it [1].

Damage and illegal activity. If a tenant deliberately does more than $400 of damage, or engages in prostitution or another illegal activity at the property, the landlord’s notice can end the tenancy 24 hours to five days after it’s served [1].

Utility shutoffs. If the electric, gas or water company cuts off service because the tenant didn’t pay, the landlord can give a five-day notice [1]. The tenancy doesn’t end if, within three days, the tenant gets the service back on, repays anything the landlord paid to restore it, and the shutoff didn’t damage the unit [1].

No-fault endings. Either side can end a month-to-month tenancy with written notice at least 30 days before the rental due date in the notice, or a week-to-week tenancy with at least 14 days’ notice [2].

What the notice must say, and how it’s delivered

A notice to quit has to state the reason, what the tenant can do to fix the problem and by when (if it can be fixed), and the date and time the tenancy ends [7]. It also has to tell the tenant that the landlord can go to court if they stay past that date [7].

The notice can be handed to the tenant, left at the home if the tenant is away, or sent by registered or certified mail [6]. The Alaska Court System tells landlords to add three extra days to the deadline when the notice is mailed [9].

Step 2: The court case

If the deadline passes, the landlord files a complaint at the local court and serves the tenant, by certified mail with restricted delivery and a return receipt, or by a process server [9]. The court’s filing fee for an eviction complaint is $150 [9].

The case has two parts [9]:

• The possession hearing. The court holds it within 15 days of filing, but no sooner than 2 days after the tenant is served [9]. The judge hears both sides and decides only who gets the unit [9].
• The damages phase. The tenant has 20 days to file an Answer [9]. If the tenant answers, a later trial decides money, such as unpaid rent or a deposit refund [9]. If not, the landlord can ask for a default judgment [9].

If the judge orders the tenant out and they don’t leave, the landlord can ask law enforcement to remove them with a writ of assistance [9].

A repair defense on money

If the landlord’s complaint asks for rent but doesn’t subtract money the tenant spent on an essential repair, such as heat, water, sewer, electricity or plumbing, that can be a defense to the money claim [10]. The court’s guide says the tenant must first tell the landlord in writing about the repair and give the landlord time to do it [10]. Separately, if a landlord fails to supply heat, running water, hot water or other essential services, the tenant can give written notice and then buy the service and deduct the reasonable cost from the rent, or find substitute housing [5].

What landlords can’t do

• No lockouts or shutoffs. A landlord can’t remove a tenant without a court order [9]. If a landlord unlawfully removes or excludes a tenant, or willfully interrupts electric, gas, water, sanitary or another essential service, the tenant can recover possession or end the lease, and recover up to one and a half times their actual damages [4].
• No retaliation. A landlord can’t raise the rent, cut services, or file or threaten an eviction because a tenant complained about a code violation, used their rights under the landlord-tenant law, joined a tenants’ union, or complained to a government agency [8]. That protection doesn’t stop an eviction for unpaid rent [8].

Security deposits

• Limit: no more than two months’ rent for a deposit and prepaid rent, except where rent is more than $2,000 a month [3].
• Return deadline: 14 days after the tenancy ends and the tenant moves out, if notice to end the tenancy was properly given [3]. The landlord gets 30 days if it deducts for damage, or if the tenant didn’t give proper notice [3].
• Itemizing: anything kept for rent or damage has to be itemized in a written notice mailed to the tenant’s last known address, and normal wear and tear doesn’t count as damage [3].
• Penalty: a landlord who willfully doesn’t follow these rules can owe up to twice the amount wrongly withheld [3].

Where to get help

• Alaska Legal Services Corporation’s Landlord/Tenant Helpline: volunteer attorneys answer general housing questions from tenants and landlords statewide, Monday through Thursday evenings, according to the Alaska Court System [10].
• Rent help: the court system points tenants to Alaska 2-1-1, by dialing 2-1-1 or 1-800-478-2221 [10].
• A landlord-tenant attorney: worth a call to review your notice and defenses before the hearing.