Alaska Eviction LawPosted by Christopher Berkompas in Alaska
Note: I am not a lawyer, and this does not constitute legal advice.
What constitutes grounds for eviction?
In Alaska, a tenant may be evicted for failing to pay rent, damaging the rental property or otherwise seriously failing to abide by the rental agreement, or for acting in a way inherently dangerous to the public health and safety. A tenant may sometimes be able to quickly correct his conduct and thereby avoid eviction, and the landlord certainly should give him opportunity to do so.
What is the process for evicting a tenant?
First, the landlord must give the tenant a written notice to quit, giving his reason for desiring to evict the tenant, and specifically laying out what the tenant must do to avoid eviction proceedings.
He will then sue for a forcible entry and detainer, a lawsuit which will, if he wins, allow him to reclaim the premises. The court will hold a hearing, and then make it's decision, which will be in favor of the landlord by default if the tenant or tenant's attorney fails to appear. If the tenant wins, he will be allowed to remain and the court will force a reconciliation. If not, the local sheriff will be authorized to forcibly remove the tenant.
If the landlord desires restitution for damages done to the property by the tenant, he must seek that through a separate lawsuit.
Can a tenant be evicted for the actions of a roommate or guest they let into their rental unit?
Yes. A tenant is responsible to maintain the property in a good condition, fixing any damage which might be caused by guests. A tenant who fails to do so could be held liable for damaging the property, and thereby evicted.
Can a tenant be evicted in the winter?
Yes, unless they are a resident of a mobile home park. In that case, they cannot be ordered to leave between October 15 and May 1st.
Can a tenant be evicted without a hearing?
No, a formal court process is always necessary to evict a tenant, unless the tenant leaves of his own free will.
Can a tenant be served a pay or quit notice because of unpaid late fees?
Yes, if they are reasonable and do not have an interest rate exceeding five points above the Federal Reserve discount rate.
Do tenants have a right to be informed of the reason that they are being evicted?
Yes, as noted above, the notice to quit must state the landlord's reason.
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