Information for Tenants

 

Responding to an eviction can be difficult for tenants. The information below will help with this stressful process, but it is strongly advised that tenants seek legal representation in addition to referencing this information.

A tenant’s experience with the eviction process usually begins with receiving a written notice to quit. This notice must state the reason for the eviction and give a timeframe for the tenant to remedy the problems leading to the eviction. The notice to quit is a legal requirement. If the landlord attempts to evict the tenant without providing this written notice, the tenant will have a strong legal defense later in the eviction process.

If the tenant does not move out in the time allotted by the notice to quit, the landlord can file a complaint asking for an eviction and possibly monetary damages against the tenant (i.e. past due rent). If the landlord files a complaint, the landlord must serve a summons on the tenant. This summons informs the tenant when the tenant will have to appear at an eviction hearing and the timeframe for the tenant’s legal response (the answer).

The eviction hearing will occur shortly after the tenant is served the complaint. Read the complaint carefully before the hearing. All witnesses and evidence (photographs, documents, etc.) related to any defenses the tenant may have must be brought to the eviction hearing. If the tenant does not attend this hearing, they will likely be evicted.

Possible tenant legal defenses:

  1. The landlord did not maintain fit premises as legally required - AS 34.03.100

  2. The landlord did not provide heat, water or other essential services as legally required and the tenant gave the landlord written notice of this deficiency - AS 34.03.100; AS 34.03.180

  3. The landlord removed or excluded the tenant from the premises unlawfully - AS 34.03.210; AS 34.03.170

  4. The landlord accepted tenant’s partial payment of rent after the notice to quit - AS 34.03.240

  5. The landlord retaliated against the tenant by increasing rent when the tenant tried to enforce their rights under the Alaska Landlord and Tenant Act and the tenant paid the amount of rent that the tenant believes they owe. - AS 34.03.310
    Alaska Landlord and Tenant Act (See pp. 48-67 For Statutes)

If the tenant believes they have a defense, but needs more time, they can request that the court postpone the eviction hearing. The tenant must provide good reason for the delay and show that efforts have been made to prepare a defense. If this request is granted, the tenant may have to post a bond. To make this request, fill out the CIV-733 court form and mail or deliver a copy to the landlord.

It is important to note that the eviction hearing is not the appropriate time to ask the court to make a final determination on how much money may be owed and to whom. Rather, the eviction hearing will be solely focused on the notice to quit and whether the landlord is entitled to regain possession of the rental unit. The court will set a second hearing if there is a dispute over how much money is owed.

Once the eviction hearing has occurred, there will likely be a continued dispute over damages. Most frequently, the landlord will be claiming damages for past due rent, damage to property, or fees associated with the eviction. If the tenant disagrees with the landlord’s claimed damages or has counterclaims of their own, the tenant must file an answer to the landlord’s complaint.

CIV-735 is a State of Alaska court form answer in an eviction action. This answer must be filed within twenty (20) days after the tenant receives the summons. If an answer is not filed to the complaint, a landlord can seek a default judgment against the tenant and collect money for past due rent and damage to the property. Defenses or objections to the amount claimed by the landlord cannot necessarily be brought at the eviction hearing. Filing an answer is an important step for tenants.

Once the tenant has completed the answer, a copy must be served on the landlord by mail or hand delivery, and the original must be filed with the court.

Court Forms and Resources:
Answer - CIV-735
Expedited Motion for Continuance and Affidavit - CIV-733
Defending Against Eviction - CIV-720 (pp. 11-18)
Non-Profit Legal Assistance - Alaska Legal Services