Posted in Blog  
  on Sep 28, 2015

What is the Eviction Process in Alaska

When a tenant doesn't pay their rent or chooses to willfully or negligently break the terms of their rental agreement, then Alaska law allows for a landlord to begin eviction proceedings. For the eviction to be considered legal, the following eviction process in Alaska must be followed.

1. Tenants Must Be Given a Notice To Quit.

There are three primary reasons why a landlord can evict a tenant in Alaska. If it is for the non-payment of rent, then the notice to quit must give the tenant 7 days to catch up on any past due amount before the next step in the eviction process can proceed. If the tenant has not paid utilities or committed a criminal act, then the notice to quit can be just 5 days. Any other lease violation requires 10 days. The exception to this is if a tenant has committed the same lease violation twice within a 6 month period. In this circumstance, a 5 day notice can be offered. If there are damages of at least $400 discovered at a rental unit, then a landlord may offer a notice to quit of just 24 hours. Landlords must provide evidence that the tenant received this notice.

2. A Summons And Complaint Must Be Filed With The Court.

The next step for the eviction process in Alaska is the summons and complaint filing. This is so the landlord can receive a forcible entry and detainer (FED) to take over their rental unit. Once filed, a process server or peace officer will serve the complaint to the tenant. A hearing for an FED action has two phases when monetary damages are involved. The eviction hearing may take place in just 48 hours and must happen within 15 days. The hearing for damages takes longer, giving the tenant up to 20 days to answer the summons and complaint. Continuances are granted to tenants, but only if they file a motion for one because of a legitimate reason. The court can require the tenant to take out a surety bond or deposit money in escrow with the court for rent during the continuance.

3. Landlords Obtain a Writ Of Assistance When Judgment Is Entered.

Tenants that fail to appear will have a default judgment placed against them. Law enforcement will serve the writ and give tenants a maximum amount of time to leave. If they do not leave, then they can be forcibly removed by peace officers. Any remaining possessions can either be left in the unit or stored for 15 days. Afterward the landlord may dispose of the property. The eviction process in Alaska can happen as quickly as 3 days in certain circumstances. This helps landlords reclaim their property quickly while still providing tenants a chance to defend themselves if necessary.


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