Eviction in Alaska

Filing for an eviction as a landlord is never ideal, given the many moving parts of the process. Still, the lawful removal of tenants from a residential property is sometimes necessary. That’s why understanding the fundamentals of Alaska’s eviction proceedings is critical for protecting your rental business.

Eviction is a detailed legal procedure governed by federal, state, and local laws. These laws safeguard the rights of both landlords and tenants, ensuring that both parties are treated fairly. Because regulations and tenant protections can and will change over time, it’s the best practice for landlords to stay informed about updates to Alaska landlord-tenant law that may impact your responsibilities. With a clear understanding of the law, landlords can better manage their properties and improve their chances of a favorable outcome when eviction becomes inevitable.

If you own and rent properties in the state of Alaska, you are responsible for complying with Alaska eviction laws. It’s always wise to keep a legal professional on hand to navigate your complex questions and ensure your case is handled appropriately. In this article, we break down each step of the legal eviction process in Alaska.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Alaska’s eviction laws can be found at AS § 34.03.220-350.

Reasons for Eviction in Alaska

In Alaska, tenants can be evicted for any of the following reasons as per AS § 34.03.220–34.03.360 and AS § 09.45.060–09.45.160: nonpayment of rent, lease violations, and criminal/illegal activity. Eviction can also occur if a tenant holds over after the lease expires or engages in conduct that threatens health, safety, or quiet enjoyment of others.

Nonpayment of Rent

Failure to pay rent on time is one of the most common reasons for eviction in Alaska. Rent is considered late the day after it is due, unless the lease specifies a grace period, which must then be honored.

If rent is unpaid, landlords may serve a 7-day notice to pay or vacate (AS § 34.03.220(b)). This gives the tenant seven days to either pay all overdue rent in full or leave the property. If the tenant fails to comply, the landlord can file an eviction lawsuit (forcible entry and detainer) in court.

Lease Violations

Violating the lease agreement is also grounds for eviction. Under Alaska law, many violations are curable, meaning the tenant may avoid eviction if they correct the issue in time. Landlords must typically provide a 10-day notice to cure or quit (AS § 34.03.220(a)(2)) for violations such as:

• Keeping unauthorized occupants or pets on the premises
• Failing to maintain the property in a safe and sanitary condition
• Interfering with other tenants’ peaceful enjoyment of the property
• Minor damage or negligence affecting the unit

If the violation is not remedied within the notice period, the landlord may proceed with eviction. For repeat violations within six months, the landlord may issue a 5-day unconditional notice to quit, requiring the tenant to leave without an opportunity to cure (AS § 34.03.220(a)(3)).

Illegal Activity

Alaska law also allows landlords to evict tenants for criminal or illegal conduct on the property. Under AS § 34.03.220(a)(4), this includes:

• Illegal drug activity such as possession, manufacture, or trafficking
• Crimes that endanger the health, safety, and wellbeing of others
• Destruction of property or creating a public nuisance

Illegal activity generally results in a 24-hour unconditional notice to quit, requiring immediate vacation of the premises (AS § 34.03.220(a)(4)).

Holdover Tenancy

A tenant who remains in the rental unit after the lease expires or is terminated without the landlord’s permission is considered a holdover tenant (AS § 09.45.090). In this situation, the landlord may issue a 7-day notice to quit. If the tenant fails to vacate within that timeframe, the landlord may file an eviction action in court to regain possession.

Additional Reading: Alaska Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Alaska

1. Landlord serves a seven-, five-, or ten-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant the summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant moves out or Peace Officer arrives to forcibly remove the tenant.

In Alaska, tenants can be evicted for failing to pay rent, violating another lease term, or engaging in illegal activity on the premises.

It’s important to note that if a landlord in Alaska accepts rent while knowing that the tenant is violating a rule or regulation of the lease agreement, the landlord effectively waives their right to terminate the rental agreement for that breach. For this reason, it’s especially important to initiate eviction in Alaska as soon as a tenant violates the lease.

1. Landlord Serves a Seven-, Five-, or Ten-Day Eviction Notice.

The procedure for eviction in Alaska starts with serving a Notice to Quit. If any of the above lease violations occur, the landlord must first serve one of the following eviction notices and state that the tenant has the corresponding number of days to remedy the violation or move out:

• Rent Demand Notice: 7 days to pay or quit (downloadable here). If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent and late fees required to remedy the breach and the date on which the lease will terminate if they are not paid (not less than seven business days after receipt of the notice). Note that if a landlord accepts a partial rent payment after sending a written eviction notice, the landlord must extend the date for the eviction accordingly (AS § 34.03.220(b)).
• Notice for Unpaid Utilities: 3 days to cure; 5 days to quit. If a tenant fails to pay a utility bill and the public utility service discontinues service to the unit, the landlord must serve a written notice stating that the lease will terminate in five days if the utility bill isn’t paid in three days. The breach is considered remedied, (and the lease will not terminate) if the tenant reinstates the utility service, repays the landlord any reinstatement fees, and if no damage resulted from the discontinuance of service. However, if this happens to a tenant twice within a six-month period, the landlord need only send a three-day quit notice with no cure period (AS § 34.03.220(e)).
• Lease Violation Notice: 10 days to cure or quit. If a tenant violates another lease term, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than ten business days after receipt of the notice) (AS § 34.03.220(a)(2)).
• Notice for Repeat Violation: 5 days to quit. If a tenant commits substantially the same breach within six months, the landlord need only send a five-day quit notice and is not required to give the tenant an opportunity to cure the breach (AS § 34.03.220(a)(2)).
• Unconditional Notice to Quit: 24 hours to 5 days to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant does any of the following:
  • Deliberately inflicts substantial damage to the property (“substantial” damage is loss, destruction, or defacement of property exceeding $400).
  • Engages in or permits another to engage in prostitution on the premises
  • Engages in other illegal activity on the premises

Unconditional notices to quit are uncurable defaults of the rental agreement, so landlords in Alaska need only to wait out a notice period of at least 24 hours but no longer than 5 days (the period should be specified in the rental agreement) before filing for eviction (AS § 34.03.220(a)(1)).

Distraint for rent is abolished in Alaska, meaning that at no point during the eviction process can the landlord change the locks on a tenant’s unit and sell their belongings to cover a defaulting tenant’s rent bill (AS § 34.03.250). For all evictions, however, the landlord may recover actual damages and injunctive relief for the tenant’s noncompliance (AS § 34.03.220(c)).

2. Landlord Files an Eviction Lawsuit with the Court

If the tenant has not cured the breach at the end of the notice period, the landlord can then file a Complaint for Forcible Entry and Detainer form approved by the administrative director (downloadable here) in either the district or superior court in the judicial district in which the property is located. If the value of unpaid rent and damages is less than or equal to $100,000, the landlord must file in the Alaska District Court; if the value is greater than $100,000, they must file in Alaska Superior court.

The Complaint includes:

• The name of the court
• The case number
• Both parties’ names and dates of birth
• A description and location (address) of the rental property
• A specification of the plaintiff’s status in terms of interest in the property (e.g., sole owner, partnership, property manager, corporation, etc.)
• Whether there was a written rental agreement or a verbal agreement, and the date it was entered into
• The amount of past due rent
• Other damages, and their cost, type, and nature
• What kind of judgment the landlord seeks (e.g., possession, rent due, etc.)

The landlord must also attach a copy of the Notice to Quit that they served the tenant, and initial off on the complaint that they have done so. Lastly, the landlord will need to pay a filing fee of either $150 (for claims $100,000 or less) or $250 (for claims more than $100,000).

3. Court Serves Tenant the Summons

Once the complaint has been filed, the court will issue a Summons form (downloadable here) demanding the tenant’s presence at a court hearing no more than 15 days from the filing date. The summons must then be served to the tenant with a copy of the complaint under the provisions of Rule No. 85 of the Rules of Civil Procedure. This means service must be made at least two days before the hearing.

The landlord will need to arrange for service by choosing a process server (the clerk’s office should have a list of licensed process servers), or if a process server is not available, a peace officer or State Trooper may serve the documents. Each process server charges their own service fees, but the minimum amount is $45, plus an additional $20 for each mile over the first 25 that the processor must travel (AK R. Admin 11). The summons can only be served by mail if the tenant’s current address and whereabouts are unknown. After serving the summons, the process server will prepare a notarized Return of Service document, which serves as proof to the court that the defendant received the notice and is aware of the eviction hearing.

The tenant may be able to postpone the hearing if they are granted a continuance. There are two possible reasons for a continuance: Either the tenant needs more time to consult an attorney or to prepare their defense. A continuance cannot be granted to either party for longer than two days, and it is only permitted only if good cause is shown (AS § 34.03.285).

4. Tenant Files an Answer

After receiving the summons, the tenant has 20 days to file a written Answer to Forcible Entry and Detainer (Eviction) Complaint form (downloadable here). The Answer may include a counterclaim to the eviction complaint, to which the landlord must respond within another 20 days. Both claims will be decided at the eviction hearing. If either the landlord or tenant fails to respond to the claim/counterclaim, the other can get a default judgment.

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. The judgment will only decide who is entitled to possession of the property (monetary claims are decided at a separate damages trial).

If the landlord wins, the judge will order the tenant to leave the property by a certain date and time (usually within one to two weeks). The landlord may request a Writ of Assistance (downloadable here) at this time if they believe the tenant will not move out of the rental. Alaska eviction laws do not specify exactly how many days the tenant will get to move out before the writ is executed.

Either party can file an appeal after the hearing. The tenant may file an appeal within 30 days of the judgment, but it will not prevent the writ from being executed. If the landlord appeals, they must pay a $250 filing fee to the clerk of court, or $100 if the appeal is from small claims court (Alaska Appellate Rules).

6. Tenant Moves Out or Peace Officer Arrives to Forcibly Remove the Tenant

If the tenant does not move out by the date the judge sets, the landlord will need to fill out the Writ of Assistance form (if not done already). This document gives a Peace Officer the authority to forcibly remove the tenant. After the court fills out the remainder of the writ and the judge signs it, the landlord pays a fee of $25 to have a local law enforcement agency serve the writ (AK R. Admin. 9(c)(10)). The landlord will need to arrange for the tenant’s removal with a Peace Officer or State Trooper, so it could take anywhere from a few days to weeks to schedule.

If the tenant abandons personal property on the premises, the landlord must follow the following process to dispose of it (AS § 34.03.260):

1. Send a notice stating that the tenant has at least 15 days to remove the personal property.
2. Store the items in a safe place with reasonable care, either at the rental unit or in a commercial storage unit. The landlord isn’t responsible for loss not caused by deliberate damage or negligence.
3. If the tenant does not respond to the notice or agrees to pick up their belongings but does not do so within the notice period, the property is considered abandoned. The landlord may then sell, destroy, or otherwise dispose of the personal property.
4. If the tenant removes the property after notice, the landlord is entitled to the storage cost for the period it was held. If the property was stored at the rental unit, the cost may not exceed the fair rental value of the premises. If it was stored with a commercial storage company, the cost should equal the actual charge for storage and removal.

Evicting a Squatter in Alaska

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Alaska, squatters can invoke Alaska squatters rights and claim possession if they have lived in the property for:

• 7 years with color of title, or
• 10 years because of a good faith, but mistaken belief that the property was within the boundaries of an adjacent real property that the squatter owned (AS § 09-45-052).

Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Alaska to legally obtain the title to the property. Squatters are not required to have paid property taxes to file for adverse possession, but it will most likely strengthen their case. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Alaska, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Serve the squatter an eviction notice as per Alaska eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Alaska Squatters' Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Alaska?

How much do evictions cost in Alaska? This chart shows estimates of the approximate cost of an eviction in Alaska, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Alaska?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

The most effective way to avoid the stress and cost of eviction is to prevent it altogether. Taking proactive steps can reduce the likelihood of tenant issues and protect your rental business. Consider the following best practices:

• Screen applicants thoroughly using credit, criminal, rental history, and eviction checks to help identify potentially problematic tenants before they move in.
• Conduct regular property inspections to ensure lease terms are being followed and the unit is being maintained properly.
• Use clear, plain-language lease agreements that outline expectations in simple terms, reducing confusion and disputes.
• Offer reasonable flexibility when appropriate—short grace periods or one-time accommodations can build trust and improve landlord-tenant relationships.
• Maintain open communication channels so tenants feel comfortable reporting issues early, before they escalate into larger problems.
• Don’t rush to eviction—when possible, explore alternatives like payment plans or temporary lease modifications to resolve issues without going to court.

Additional Reading: Alaska Background Checks & Screening Online

If eviction does become necessary, it’s critical to protect your legal standing. Here’s how to strengthen your case and safeguard your investment:

• Follow Alaska’s court procedures and deadlines carefully (AS § 09.45.060–09.45.160), as errors can delay or dismiss your case.
• Keep thorough, organized records of rent payments, tenant communications, notices, and lease violations—these documents are essential in court.
• Use property management software to automate rent collection, generate notices, and securely store digital records for easy retrieval.
• Never attempt a “self-help” eviction (such as changing locks, shutting off utilities, or removing tenant belongings). These actions are illegal in Alaska and can result in damages, fines, and penalties.
• Consult with an attorney when necessary, especially if dealing with contested evictions or complicated tenant disputes.

Conclusion

Evictions in Alaska are extremely regulated and require landlords to follow strict notice periods and court procedures. By screening tenants carefully, maintaining open communication, and exploring alternatives before filing, landlords can often prevent conflicts from escalating. When eviction becomes unavoidable, adhering to Alaska law and keeping detailed records is the best way to protect your property, your business, and your peace of mind.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

FAQs

How long does the eviction process take in Alaska?

A simple, uncontested eviction in Alaska may take 3–6 weeks from the notice to the court’s final order. If the tenant contests the case or requests a jury trial, it can take several months or longer.

What are the most common reasons for eviction in Alaska?

Tenants can be evicted for nonpayment of rent, lease violations, criminal or illegal activity, and holding over after the lease expires (AS § 34.03.220–34.03.360).

Is “self-help” eviction legal in Alaska?

No. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. Such actions are illegal and may expose the landlord to liability for damages and penalties.

Do landlords have to accept partial rent payments?

Not unless they choose to. Accepting partial rent during an eviction process can undermine the case unless there’s a written agreement in place. Many landlords avoid accepting partial payments once eviction has started.

Can tenants fight an eviction in Alaska?

Yes. Tenants may contest the eviction in court, file defenses, present evidence, and request a jury trial. This can significantly extend the process.

Is there a grace period for rent payments in Alaska?

Not under state law. Rent is due on the date stated in the lease, and if unpaid, landlords can serve a 7-day notice to pay or vacate the next day.

Court Documents

• Notice to Quit (Eviction for Nonpayment of Rent)
• Complaint for Forcible Entry and Detainer
• Summons (Forcible Entry and Detainer)
• Return of Service Affidavit
• Answer to Forcible Entry and Detainer (Eviction) Complaint
• Writ of Assistance

Additional Resources

• Eviction Booklet from Alaska public courts – This resource explains the eviction process for landlords in great detail, including the forms landlords will need to fill out and help with how to find out which court to file in.
• Alaska Rules of Civil Procedure, Alaska Rules of Administration, and Alaska Appellate Rules – These documents include the specific rules of civil procedure and court policies in Alaska.