Alaska Eviction Notice

Introduction

Key Things to Know

1. 1

   State law treats the written notice to quit as a mandatory first step, not a courtesy: a landlord who wants to end a tenancy for cause must serve one before ever filing a Forcible Entry and Detainer (F.E.D.) case in court.

2. 2

   Five different official notice-to-quit forms exist for Alaska evictions, one per cause: CIV-725 (nonpayment of rent), CIV-726 (nonpayment of utilities), CIV-727 (lease violation), CIV-728 (intentional damage), and CIV-729 (illegal activity), all issued by the Alaska Court System under Alaska Rule of Civil Procedure 85. Whichever one a landlord uses, the substance, amount owed, day count, and consequence language, still comes from statute, not the form itself.

3. 3

   Rent nonpayment carries a 7-day pay-or-quit notice period. Only unpaid rent counts toward that number; the notice has to spell out the exact rent amount owed and leave late fees out of it, since a tenant cannot be evicted over late fees alone. (Alaska Statutes Section 34.03.220(b))

4. 4

   A 10-day cure-or-quit notice applies when a tenant breaches the lease or a duty under the Landlord and Tenant Act seriously enough to put health or safety at risk. Fix the problem inside that window and the tenancy continues. (Alaska Statutes Section 34.03.220(a)(2))

5. 5

   Two categories skip the cure option entirely: deliberately causing more than $400 in damage, and illegal activity on the premises such as drug or alcohol production or sale, prostitution, or gambling. Both draw an unconditional notice period as short as 24 hours and no longer than 5 days. A second instance of the same lease violation inside 6 months of the first notice loses its cure option too, collapsing to a flat 5-day notice. (Alaska Statutes Section 34.03.220(a)(1) and (a)(2))

6. 6

   Two statutes do the work here: Alaska Statutes Section 34.03.220 supplies the grounds for eviction and the day counts, while Alaska Statutes Section 09.45.060 through 09.45.105 covers how the notice gets served and what the court process looks like once a tenant fails to comply.

7. 7

   Personal delivery is the default way to serve the notice. When a tenant can't be found or won't accept it, posting a copy at the rental unit works instead, and registered or certified mail is a third option, though choosing to mail it tacks 3 extra days onto the notice period before an eviction action can begin. (Alaska Statutes Section 09.45.100(c); Section 09.45.090(c))

Alaska Requirements for Eviction Notice

• Notice Period for Nonpayment of Rent (Alaska Statutes Section 34.03.220(b))

  7-day pay-or-quit notice, not counting late fees. The notice must state the total amount of rent owed and that the tenant may pay in full or move; a tenant cannot be evicted for failing to pay late fees alone, only rent. If the tenant pays the full amount owed before the 7 days expire, the tenancy continues.

• Service of Notice Requirements (Alaska Stat. § 34.03.310)

  Personal delivery to the tenant is used first where possible. If the tenant is absent from the premises or refuses personal delivery, the landlord may post the notice at the rental unit. Registered or certified mail is also an allowed method, but if the notice is mailed, the landlord must add 3 days to the applicable notice period before starting an eviction action.

• Official Per-Cause Notice Forms (Alaska Court System Forms CIV-725 through CIV-729; Alaska R. Civ. P. 85)

  Unlike states with no government-issued notice form, the Alaska Court System publishes a distinct official Notice to Quit form for each termination cause: CIV-725 (nonpayment of rent), CIV-726 (nonpayment of utilities), CIV-727 (violation of rental agreement), CIV-728 (intentional damage), and CIV-729 (illegal activity), each cross-referenced to Alaska Rule of Civil Procedure 85. Required content, amount owed, day count, and consequence language, is set by statute regardless of which document a landlord uses.

• Governing Landlord and Tenant Act and Court Process (Alaska Statutes Section 34.03.220; Section 09.45.060-09.45.105)

  The statutory basis for every notice type on this page and the Forcible Entry and Detainer (F.E.D.) court process that follows if the tenant does not comply: Alaska Statutes Section 34.03.220 (notice grounds and content) together with Alaska Statutes Section 09.45.060 through 09.45.105 (Forcible Entry and Detainer, notice form and service, and the court filing process).

• Notice Period for Curable Lease Violations (Alaska Statutes Section 34.03.220(a)(2))

  10-day cure-or-quit notice for a material breach of the rental agreement or the tenant's duties under the Landlord and Tenant Act, serious enough to affect health and safety. Correcting the violation before the 10 days expire lets the tenancy continue. If the tenant commits substantially the same violation again within 6 months of an earlier notice, the landlord may instead give a no-cure 5-day notice.

• No-Cause Termination Notice Period (Alaska Statutes Section 34.03.290)

  Distinct from the for-cause notices above: ending a month-to-month tenancy without cause requires 30 days' written notice before the next rental due date, and ending a week-to-week tenancy requires 14 days' written notice. No reason for the termination is required, and a termination notice may not be used to end a fixed-term lease before the lease term expires without cause.

• Unconditional Notice for Incurable Violations (Alaska Statutes Section 34.03.220(a)(1))

  Notice of 24 hours to 5 days with no cure option, for deliberate infliction of more than $400 in damage to the premises, or for illegal activity on the premises by the tenant or a household member or guest (drug or alcohol production or sale, prostitution, or gambling; mere possession of illegal drugs or alcohol does not qualify). No opportunity to cure is provided by the statute for this category.