Frequently Asked Questions

Has COVID-19 affected the eviction process in Alaska?

Yes. Certain evictions involving subsidized housing and federally backed mortgages are now required to provide thirty days’ notice for nonpayment of rent. It is strongly advised that a landlord beginning the eviction process during COVID-19 consult competent legal counsel.

When can a tenant be evicted?

A tenant can be evicted for non-payment of rent, illegal actions on the premises, non-payment of utilities, property damage, or violations of the lease agreement. A tenant cannot be evicted in retaliation for reporting the legal violations of the landlord, or simply because the landlord and tenant are at odds. The Sample Notices page provides notices for common problems warranting eviction.

When can a tenant terminate the lease and leave without continuing to pay rent?

A tenant can only terminate the lease if the landlord violates the terms of the rental agreement or fails to provide essential services (i.e. running water or heat). Additionally, the tenant must give the landlord adequate notice of these violations and the landlord must fail to remedy the violations within the allotted time. For more information, visit the Information for Tenants page. The Sample Notices page provides notices for tenants as well as landlords.

I gave notice to a tenant of a violation and the tenant’s period to remedy the problem has elapsed, but the tenant refuses to leave. What should I do?

If the tenant refuses to leave after receiving the required notice of termination and the passage of the allotted time, the landlord must initiate an eviction proceeding to evict the tenant. Landlords are not allowed to “self-help” by changing the locks or otherwise removing the tenant. For more information, go to The Five Step Eviction Process page.

How do I serve a notice to quit on a tenant?

A tenant can be served with a notice to quit in person, by certified mail, or by leaving the notice at the dwelling when the tenant is absent from the premises. For more information, go to the Sample Notices and The Five Step Eviction Process pages.

How much notice must I give a tenant after a violation before terminating the lease?

The required notice period will depend upon what kind of violation occurred. Notices for common problems can be found on the Sample Notices page.

What counts as a “day” for the purposes of a notice to quit?

A day is a full 24-hour period, so a 7-day notice provided on Sunday at noon must provide a time period at least until the following Sunday at noon. Holidays and weekend days are included.

What does F.E.D. mean?

F.E.D. stands for Forcible Entry and Detainer. An F.E.D. action is a proceeding in which an owner of land being occupied by others seeks to regain possession of that land. In most cases, F.E.D. is just a technical legal term for an eviction.

If the court orders me evicted, how long will I have to move my property?

The amount of time the tenant is given to vacate the premises is up the the judge’s discretion at the eviction hearing. The time period given will vary depending on the reason for the eviction and the nature of the housing. If you have been evicted from a mobile home park, you will likely have a longer term than if evicted from other housing.

What should I bring to the eviction hearing?

Landlords should bring all documents (including photographs) which show that the tenant has violated the lease. Even if the tenant does not attend the eviction hearing, the judge will still expect the landlord to prove that an eviction is warranted. Tenants should bring all documents relating to defenses, such as proof of paid rent or relevant photographs of the premises.

If a rental agreement isn’t signed by one of the parties, is it still legitimate?

Very likely yes. As long as the tenant has paid the rent or the landlord has accepted the rent, the rental agreement likely becomes binding even if it lacks a signature.

How should the security deposit be kept?

Security deposits must be kept separate from regular rental payments and prepaid rental payments. Security deposits are kept in “trust” by the landlord and any interest generated by security deposits belong to the tenant absent a writing stating otherwise.

Can I increase the rent or change the terms of a month-to-month lease?

Yes, but at least thirty (30) days notice of any change must be given to the tenant. The tenant can then either accept the new terms, or move out. Go to the Sample Notices page for the necessary form.

Am I being illegally discriminated against?

State law prohibits housing discrimination based on sex, race, religion, national origin, color, physical or mental disability, pregnancy, marital status, or change in marital status. Federal anti-discrimination laws prohibit additional categories of discrimination, but contain exceptions for single family homes and certain owner occupied units. Additionally, your local municipality may prohibit other kinds of discrimination, such as age discrimination, through local ordinance.

What happens if the tenant disappears and leaves their belongings behind?

If the tenant is absent for more than seven days, behind on rent, and has not notified the landlord of a planned absence, the dwelling is considered legally abandoned. If these three preconditions are met, the landlord can enter, clean-up, and re-rent the premises. However, additional rules apply to disposing of or selling abandoned property. Landlords should tread carefully in this area.

Should I serve a notice on the same day I fill it out?

Yes. The date on notice forms can be of the utmost importance, as tenants or landlords must have legally adequate notice and time to remedy their violations. Make certain that the date on any notice form reflects the date it was served.

Will I be able to recoup the costs and fees at the damages trial?

Yes, if a landlord prevails at the damages trial, process server costs and filing fees will be included in the judgment.