The Five Step Eviction Process

Step One: The Notice to Quit

If a residential landlord needs to evict a tenant, they must first provide the tenant with a notice to quit. This notice must explain what, if anything, the tenant can do to correct the problem and remain as a tenant. The exact form necessary for the notice to quit will vary depending on the reasons for the eviction, links to court forms and sample notices are provided below.

Once the notice to quit is prepared it must be “served” on the tenant. Service can be done in any one of three ways: (1) personal delivery to the tenant, (2) leaving the notice at the premises, or (3) sending the notice by registered or certified mail. In a typical case, the landlord attempts to make personal service and, if the tenant is absent, posts the notice on the tenant’s front door. Whoever delivers or posts the notice should be available to testify at the eviction hearing (Step Four).

A record must be kept describing how, when, and by whom the tenant was served in order to have proof of service during the eviction hearing (Step Four). The notice to quit forms below provide space for this record of service. The landlord will be required to keep an exact copy of the notice to quit given to the tenant.

If the problem leading to the eviction can be corrected, the tenant must be given time to correct the problem or move out before a landlord can proceed to Step Two and file with the court. If the eviction is for the non-payment of rent, the tenant must have seven (7) days* to cure this deficiency. This amount of time will vary depending on the reason for the eviction. Additionally, if registered or certified mail was used to serve the tenant, three (3) additional days* must be given.

*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.

Court Forms and Resources:
Notice to Quit - CIV-725 (Non-payment of Rent)
Additional Notices - Sample Notices

Step Two: Filing an F.E.D. lawsuit

If the tenant does not correct the problem or move out within the time frame outlined in the notice to quit, filing with the court will become necessary. This lawsuit is called an F.E.D. lawsuit (Forcible Entry and Detainer) and goes through a special judicial process unlike other proceedings. To begin an F.E.D. lawsuit, the landlord must file a complaint with the court. A State of Alaska complaint court form along with other necessary court forms are provided below.

In the complaint, the landlord must name a plaintiff, and this plaintiff must be the owner of the property or a person authorized by the owner to file suit. If the owner is named as the plaintiff, the owner will appear in court during the Eviction Hearing (Step Four) on their own behalf. If the plaintiff is a corporation, property manager, or person acting under a power of attorney then an attorney must sign the complaint. Additionally. the tenant(s) should be listed as defendants on the complaint.

This complaint must be filed in the judicial district where the property is located. An easy to use map of Alaska judicial districts and a link to locate Alaskan courthouses are provided below. If the value of past due rent and damage to property in controversy is less than $100,000 the complaint must be filed in District Court. If it is greater than $100,000, the complaint must be filed in Superior Court.

All told, the following documents must be completed:

Complaint - This document names the plaintiff (landlord) and defendant (tenant) and the reason for the lawsuit. The landlord should name as defendants all other adults either listed on the lease or living in the dwelling. All blanks must be filled except for case number, which will be assigned by the court clerk. The notice to quit should be attached to the complaint.
Complaint Court Form - CIV-730

Summons - This document notifies and requires the tenant to appear in court. Prepare a separate summons for each tenant. Only fill in the caption, the “To” line, and the name and address section. The clerk’s office will fill in the case number, time, date, and location of the hearing.
Summons Court Forms - CIV-105 ANCH (Anchorage) - CIV-105 FBKS (Fairbanks) - CIV-105 (All Other Locations)

Case Description - This document allows the court to classify the case. Check the “Forcible Entry and Detainer (F.E.D.)” box.
Case Description Court Forms - CIV-125D (District Court) - CIV 125S (Superior Court)

Service Instructions - This document will give the process server the information they need to find the tenants and serve them with the summons and complaint. This will be very important in Step Three.
Service Instructions Court Form - CIV-615

Judgment for Possession - This form gives the landlord a legal right to possession of the property. It will only be signed by the judge if the landlord is successful at the eviction hearing. Fill in only the case caption and the description and location of the dwelling.
Judgment for Possession Court Form - CIV-300

Writ of Assistance - This document gives a peace officer the authority to remove the tenant. This form will only be necessary if the tenant does not move out by the date the judge sets at the eviction hearing. Fill in only the case caption and description/location of the dwelling, the court will fill in the rest if this document becomes necessary. If the judge signs this form and the tenant does not move out, the landlord will have to contact a local law enforcement agency to have the writ served.
Writ of Assistance Court Form - CIV-575

Once these documents have been completed, they must be filed at the local court. A filing fee must be paid upon filing and sometimes also a process server’s fee. The process of serving these documents is outlined in Step Three. Upon filing, the court clerk will schedule an eviction hearing (Step Four). When scheduling, the clerk will ask the landlord how soon the summons and complaint will be served on the tenant, because the eviction hearing cannot be held until at least two days after the tenant is served. Landlords should plan accordingly. If the eviction hearing is scheduled and the tenant is not served in the proper time frame, the hearing will likely be postponed by the judge.

Court Forms and Resources:
Map of Alaska Districts - CIV-720 Eviction Booklet (p. 31 Appendix 2)
Alaska Courthouse Locations - Alaska Court Directory

Step Three: Serving Tenant with the Lawsuit

For this step, the summons and complaint must be served on each of the named tenants (defendants). First, the landlord (plaintiff) must choose a process server. A list of licensed process servers is provided below. Some areas of Alaska do not have process servers, in those areas service must be done by a peace officer. The clerk’s office will have more information about these areas.

Once a process server has been chosen, contact them and make arrangements for service of the summons and complaint. Service fees are set by the process servers themselves and must be paid directly to them. A portion of these fees may be recoverable from the tenant during Step Five.

The process server will need a special form of service instructions in order to find and serve the tenant. The State of Alaska court form (CIV-615), or a form provided by the process server can be used. In the section listing the documents to be served, write “F.E.D. summons and complaint.” These service instructions should be filled out as completely as possible. If the process server is not able to locate and serve the tenant, the process will be delayed.

Next, the completed complaint, summons, and service instructions must be delivered to the process server. The procedures necessary to deliver these documents vary from court to court, but the process server or local clerk’s office will be able to provide the proper procedure.

When the process server successfully serves the tenant(s), they will prepare a notarized document called a “return of service” for each of the tenants in the complaint. This document will prove to the court that tenant had the notice of the eviction hearing and lawsuit that is required by law. Copies of the return of service should be brought to the eviction hearing.

If the process server fails to serve the tenant(s) at least two days before the eviction hearing, the hearing will likely be postponed. If this occurs, the clerk’s office will set a new hearing date and a new summons.

Once the tenant has been served with the complaint, the tenant has twenty (20) days to choose whether to file an answer with the court. If an answer is filed, there will need to be a trial during Step Five. Sometimes, the answer will contain a counterclaim. This is a claim by the tenant against the landlord. If a counterclaim is filed by the tenant, the landlord must file an answer of their own to the counterclaim. If the landlord does not file this answer, a default judgment may be entered against them.

If the tenant does not file an answer within twenty (20) days, the landlord can apply to the court for a default judgment. A default judgment does not happen automatically, the landlord must file an application with the court. A State of Alaska court form for applying for a default judgment appears below.

Court Forms and Resources:
List of Process Servers - Department of Public Safety Process Server List
Service Instructions - CIV-615
Default Judgment Application - CIV-740

Step Four: The Eviction Hearing

During this proceeding, the judge will consider the issue of who is entitled to possession of the property. The judge will not decide any claims for unpaid rent or other damages. At the hearing, the landlord (plaintiff) must prove that they are legally entitled to the property. The landlord should bring any and all evidence relating to the eviction with them to court including rental agreements, notices to quit, returns of service, and any other evidence relating to the reasons for eviction. It is strongly recommended that the parties be represented by legal counsel for this proceeding.

If either party wishes to have witnesses testify at the eviction hearing, they must arrange to have the witnesses present at the hearing. Both parties can ask the court to issue subpoenas ordering witnesses to appear in court. A State of Alaska guide to subpoenaing witnesses appears below.

On the day of the court hearing scheduled in Step Two, check the court calendar for the courtroom assignment. A link to Alaskan court calendars is provided below. All parties must be inside the courtroom at the time scheduled for the hearing. Often multiple cases will be scheduled at the same time. The judge will ask the parties to come forward when the hearing will begin.

The judge will expect the landlord to provide documentation and testimony proving that the legal requirements for eviction have been satisfied. The necessary documents may include the following: copy of the rental agreement, proof that the summons and complaint were served (return of service), proof that the notice to quit met the legal requirements, and proof that the problems described in the notice were not corrected during the allotted time frame.

The judge will ask the tenant (defendant) to present any defenses to eviction they might have. For more on this topic, go to the Information for Tenants page.

Once the parties have presented their evidence, the judge will decide whether to grant or deny the eviction. If the judge grants possession to the landlord, the judge will order the tenant to leave the property by a specific date and time. If the landlord believes the tenant may disobey this order, the landlord can ask for a signed writ of assistance mentioned in Step Two. If the judge denies the landlord possession, the tenant may stay on the property.

If the tenant fails to appear at the eviction hearing, the judge will likely rule that the tenant loses the eviction portion of the case and order the tenant to leave the property. However, the judge will still require proof that tenant was correctly served with summons and complaint, that the notice to quit was satisfactory, and that the tenant did not correct the problems described in the notice to quit.

Court Forms and Resources:
Witness Subpoena Guide - CIV-109
Court Calendar - Alaska Court System Court Calendar

Step Five: Damages Trial or Default Judgment

This step will only occur if the complaint prepared in Step Two requested money damages (e.g. unpaid rent, damage to the property, etc.). This step requires a formal civil action governed by the Civil Rules. Due to this added complexity, seeking representation for this step is strongly advised. This final portion of the F.E.D. action can take two separate paths, if the tenant (defendant) files an answer to the complaint there will be a damages trial, if the tenant does not file an answer, the landlord (plaintiff) can ask for a default judgment.

If the tenant files a written answer, scheduling the damages trial will become necessary. Some courts will do this automatically when the answer is filed, but other courts require that one of the parties request that a trial be set. A State of Alaska court form for requesting a trial is provided below. This document must be filed with the court and must be served on the other party, but since the tenant has already been served with the summons and complaint, the document can be served by mailing a copy to the other party's last known address (certified mailing is not required).

The day of the damages trial will be very similar to the day of the eviction hearing (Step Four). Both parties must bring all relevant evidence and make arrangements to have witnesses testify at trial. A jury will only be used if a timely demand for a jury trial was filed. Alaska Rule of Civil Procedure 38 outlines how to demand a jury. At the damages trial, the judge will require the landlord to prove that they are entitled to money damages and will ask the tenant to present evidence on any legal defenses or counterclaims. The judge or the jury will then decide the amount of damages owed.

If the tenant does not file an answer to the complaint, the landlord can ask the court for a default judgment. A State of Alaska court form for applying for a default judgment is provided below. If the tenant is an active military person or mentally incompetent, this form cannot be used to obtain a default judgment, and an attorney should certainly be consulted before proceeding. A link to the Department of Defense military database is provided below.

An application for default judgment must calculate the amount owed by the tenant and provide documentation to support all claims. Late fees are only included if allowed for in the rental agreement and any amounts the tenant paid the landlord must be subtracted (e.g. a security deposit). The filing fee and process server fee should be included in the costs incurred and the actual attorney’s fees incurred. Also include a proposed default judgment court form (provided below). Only fill in the caption and leave the rest for the court.

The signature on the application for default judgment must be notarized. This process requires signing and dating the document in front of a notary public who will sign and stamp the document with an official seal. In addition to filing this document with the court, it must be served on the tenant, typically by mailing the document to the tenant’s last known address. If the tenant has submitted a change of address form with the court, then the new address provided by the tenant should be the address the landlord attempts to serve. The court file or a simple internet search can be useful in finding an appropriate address for service.

Once the tenant has been served, the default judgment application can be filed with the court. The court clerk will review your documents and will notify you of any deficiencies. These problems must be corrected or the case may be dismissed for lack of prosecution. If the court requires additional information, a damages hearing may be scheduled, and the landlord will be asked to provide additional documentation about damages.

If either party believes the law was applied incorrectly or the judgment was unsupported by the evidence, they can appeal. This process can become exceedingly complicated and any party seeking to appeal should seek legal representation as soon as possible.

The court does not collect the judgment for the prevailing party. If the losing party will not pay voluntarily, the prevailing party can ask for a writ of execution. This court order will allow a peace officer to take property of the debtor to pay the judgment. This property can include money, bank accounts, wages, or any other asset of the debtor which has value. Additional State of Alaska guides about the rights of creditors and debtors can be found below.

Court Forms and Resources:
Memorandum to Set Civil Case for Trial - CIV-200
Default Judgment Application - CIV-740
Proposed Default Judgment - CIV-745
General Writ of Execution - CIV-501
Writ of Execution for Bank Sweep - CIV-585
Judgment Debtor Booklet - CIV-511
Judgment Creditor Booklet - CIV-550
Department of Defense Military Status Search