Alaska eviction rules for tenants

Notice for unpaid rent

7-day written notice of nonpayment saying the tenancy will end if the rent is not paid. If you pay the rent in full within the 7 days, you can stay. If the notice is mailed, 3 days are added. Unpaid late fees alone are not a reason to evict (Department of Law handbook). Some federally subsidized or federally backed properties require 30 days. AS 34.03.220(b), 09.45.090(a)(1), (c).

Notice for a lease violation

10-day written notice for a material breach of the lease, or a breach of your duties that materially affects health and safety. If you fix it within 10 days you can stay. If substantially the same breach happens again within 6 months, the landlord can use a 5-day notice with no right to fix. No-cure notices: 24 hours to 5 days for deliberately causing damage over $400 or for prostitution or other illegal activity on the premises; 5 days if a utility is cut off because you did not pay it (you can stay if you restore service and repay the landlord within 3 days). 3 days are added if a notice is mailed. AS 34.03.220(a), (e); 09.45.090.

Ending a month-to-month tenancy

Landlord or tenant: written notice given at least 30 days before the rent due date named in the notice. Week-to-week: at least 14 days (while rent is current). The landlord's notice to quit must state the reason, the termination date, and that the landlord may sue to evict if you stay. AS 34.03.290(a)-(b), 09.45.105.

Time to respond to an eviction lawsuit

The court self-help center says you have 20 days after you are served to file a written Answer. But the eviction (possession) hearing is set no more than 15 days after the case is filed, and you must be served at least 2 days before it, so it usually comes before the Answer is due. Go to the hearing. Civil Rule 85(a)(2); AS 09.45.120.

Lockouts and utility shutoffs

The landlord may not remove or lock you out or take possession except through the court, and may not willfully cut off electricity, gas, water, sanitary or other essential services. Landlord liens on household goods and seizing belongings for rent are abolished. You can recover possession or end the lease, and recover up to 1.5 times your actual damages. AS 34.03.210, 34.03.250, 34.03.280.

Court self-help

The court's eviction self-help page

Law

AS 34.03.210, 34.03.220, 34.03.280, 34.03.290; AS 09.45.090-09.45.120; Alaska Civil Rule 85

The landlord may not raise rent, reduce services, or bring or threaten an eviction because you complained to the landlord about violations of AS 34.03.100, tried to enforce your rights under the Act, organized or joined a tenants' union, or complained to a government agency that enforces housing codes. You get the remedies of AS 34.03.210 (up to 1.5 times actual damages) and a defense to eviction. The statute sets no presumption period. Exceptions include unpaid rent, code-required work that requires you to leave, illegal use or nuisance, good-faith owner use or sale, and rent increases justified by higher taxes or costs. AS 34.03.310.

Notice of a rent increase

No statute sets a rent increase notice. The Department of Law handbook says the landlord must give at least 30 days' notice before an increase takes effect in a month-to-month tenancy, and rent cannot be raised during a fixed-term lease unless the lease allows it.

Rent control

No statewide rent cap or rent control.