Alaska Tenant's Answer to FED (Eviction) Complaint

ANSWER TO COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION) — ALASKA

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Admissions, Denials, and Lack of Knowledge
4. Affirmative Defenses
5. Counterclaim I — Wrongful Withholding of Security Deposit
6. Counterclaim II — Breach of Warranty of Habitability
7. Counterclaim III — Self-Help Eviction (AS 34.03.210)
8. Counterclaim IV — Retaliation (AS 34.03.310)
9. Prayer for Relief
10. Separate Demand for Jury Trial
11. Verification
12. Signature and Service Blocks
13. Certificate of Service
14. Alaska Practice Notes
15. Sources and References

1. CAPTION

IN THE [DISTRICT / SUPERIOR] COURT FOR THE STATE OF ALASKA

[FIRST / SECOND / THIRD / FOURTH] JUDICIAL DISTRICT AT [LOCATION]

Case No. [________________________________]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO COMPLAINT FOR FORCIBLE ENTRY AND DETAINER

(AS 09.45.070 et seq.; AS 34.03.010 et seq.; Alaska R. Civ. P. 85)

2. PRELIMINARY STATEMENT

Defendant [TENANT NAME] ("Tenant"), by and through undersigned counsel, answers the Complaint for Forcible Entry and Detainer (the "Complaint") filed by Plaintiff [LANDLORD NAME] ("Landlord") and asserts the following affirmative defenses and counterclaims. Tenant denies each allegation of the Complaint not specifically admitted herein. Tenant disputes Landlord's right to possession of the rental unit at [STREET ADDRESS, UNIT, CITY, AK ZIP] (the "Premises") and reserves all rights under the Alaska Uniform Residential Landlord and Tenant Act, AS 34.03.010 et seq., the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and applicable municipal anti-discrimination ordinances.

3. ADMISSIONS, DENIALS, AND LACK OF KNOWLEDGE

Tenant responds to the numbered paragraphs of the Complaint as follows:

3.1. Paragraph 2.1 (Plaintiff identity). ☐ Admitted ☐ Denied ☐ Lack of knowledge sufficient to admit or deny; therefore denied.

3.2. Paragraph 2.2 (Defendant identity). ☐ Admitted ☐ Denied. [ADD QUALIFICATION IF NEEDED].

3.3. Paragraph 3 (Premises and Rental Agreement). ☐ Admitted ☐ Admitted in part / denied in part. [ADD: e.g., the Rental Agreement attached as Exhibit A is not the operative agreement; the operative agreement is dated [DATE].]

3.4. Paragraph 4 (Notice). DENIED. The Notice attached to the Complaint is defective, or the action was filed too early, in the following respects: [SPECIFY — e.g., overstated rent due, did not afford the full statutory cure period, failed to state the information required by AS 09.45.105, was served by an improper method, or failed to allow three additional days before an FED action after mailed notice under AS 09.45.090(c).].

3.5. Paragraph 5 (Count I — Possession). DENIED. Landlord is not entitled to possession for the reasons set forth in the Affirmative Defenses below.

3.6. Paragraph 6 (Count II — Unpaid rent). ☐ Admitted ☐ Denied / disputed. The amount claimed is overstated. The correct rent due, if any, is $[__________], less supported offsets, abatements, and essential-service deductions under AS 34.03.180 as set forth below.

3.7. Paragraph 7 (Count III — Damages). ☐ Admitted ☐ Denied. The damage claimed (a) was preexisting; (b) constitutes ordinary wear and tear under AS 34.03.070(b)(2); (c) was not caused by Tenant; or (d) is overstated.

3.8. Paragraph 8 (Count IV — Holdover damages). DENIED. Tenant's continued possession is not willful and is supported by the defenses set forth herein.

3.9. General denial. Each allegation of the Complaint not specifically admitted is DENIED.

4. AFFIRMATIVE DEFENSES

For its affirmative defenses, Tenant alleges:

4.1. First Defense — Defective Notice (AS 34.03.220 / 34.03.290)

The Notice or the timing of the action is legally insufficient because: (a) the Notice overstates the rent or charges due; (b) it omits information required by AS 09.45.105; (c) it does not afford the full cure / termination period required by AS 34.03.220 / .290; (d) it was not served by a method authorized by AS 09.45.100; (e) it demanded amounts that are not "rent" under AS 34.03.220(b); or (f) after notice by mail, Landlord filed before the three additional days in AS 09.45.090(c) had elapsed for unlawful holding by force. [SPECIFY DEFECTS].

4.2. Second Defense — Acceptance of Rent / Waiver

Tenant paid the rent in full within the seven-day period under AS 34.03.220(b) on [__/__/____], so nonpayment did not terminate the tenancy; or Landlord accepted a partial rent payment and extended the eviction date to [__/__/____] under that subsection. [SELECT AND STATE THE FACTS THAT APPLY.]

4.3. Third Defense — Breach of Warranty of Habitability (AS 34.03.100; AS 34.03.160)

At all material times, the Premises failed to comply with AS 34.03.100, including: [SPECIFY — e.g., no running water; no heat; lack of hot water; defective plumbing; failure to remove ashes/garbage; mold; rodent infestation; defective smoke detectors; broken windows; failure to maintain locks; non-functioning kitchen appliances]. Tenant gave Landlord written notice of the defects on [__/__/____], and Landlord failed to remedy. In an action for possession based on nonpayment or an action for rent while Tenant remains in possession, Tenant requests a reduction of periodic rent to reflect diminished value under AS 34.03.190(a)(1), subject to the court's findings and order.

4.4. Fourth Defense — Failure to Supply Essential Services (AS 34.03.180)

Landlord deliberately or negligently failed to supply [RUNNING WATER / HOT WATER / HEAT / SANITARY FACILITIES / OTHER ESSENTIAL SERVICE] contrary to the Rental Agreement or AS 34.03.100. Tenant gave written notice specifying the breach on [__/__/____] and procured reasonable essential services during noncompliance at an actual and reasonable cost of $[__________], which Tenant deducted from rent under AS 34.03.180(a)(1). [USE ONLY IF THE CONDITION WAS NOT CAUSED BY TENANT OR SOMEONE ON THE PREMISES WITH TENANT'S CONSENT; DO NOT ALSO CLAIM AS 34.03.160 REMEDIES FOR THE SAME BREACH.]

4.5. Fifth Defense — Retaliation (AS 34.03.310)

Before the Notice and Complaint, Tenant: (a) complained to Landlord of habitability violations under AS 34.03.100; (b) complained to a governmental agency regarding code violations; (c) sought to enforce rights under the URLTA; or (d) organized or joined a tenant union. Tenant alleges Landlord acted in retaliation prohibited by AS 34.03.310. The current statute does not create a 90-day presumption.

4.6. Sixth Defense — Discrimination (AS 18.80.240; FHA; AMC Title 5)

Landlord's action is motivated by Tenant's [IDENTIFY PROTECTED CHARACTERISTIC AND FACTS]. Plead each basis only under law that covers it: AS 18.80.240 uses paragraph-specific lists; the federal Fair Housing Act separately protects race, color, religion, sex, familial status, national origin, and handicap (42 U.S.C. § 3604); and a current municipal ordinance may add other protections. Do not treat parenthood or federal familial status as though either term appears in AS 18.80.240.

4.7. Seventh Defense — Federal Disability Accommodation / State Disability Discrimination

Tenant has a disability and requested a reasonable accommodation that Landlord failed or refused to grant in violation of 42 U.S.C. § 3604(f)(3). The same facts may also support a separate claim or defense of disability discrimination under AS 18.80.240, but that state provision does not repeat every federal accommodation standard. [DETAIL].

4.8. Eighth Defense — Additional Contract or Federal Protection (If Applicable)

The conduct cited in the Notice arises from incidents of domestic violence in which Tenant was the victim, and Tenant asserts protection under [IDENTIFY AND ATTACH THE APPLICABLE LEASE, SUBSIDIZED-HOUSING, FEDERAL, PROTECTIVE-ORDER, OR LOCAL AUTHORITY]. Do not cite AS 34.03.290(c)–(d): current AS 34.03.290 has no subsection (d) and does not contain the state DV rule formerly asserted here.

4.9. Ninth Defense — Fixed-Term Lease

A fixed-term Rental Agreement is in effect through [__/__/____] and may not be terminated for no cause prior to expiration.

4.10. Tenth Defense — Federal Subsidized-Housing Compliance

The Premises are subsidized under [Section 8 HCV / Project-Based Section 8 / Public Housing / LIHTC / USDA Rural Development / VASH]. Landlord failed to comply with applicable federal termination requirements (e.g., 24 C.F.R. § 982.310, 24 C.F.R. § 966.4(l)) and HUD-required notice and "good cause" standards.

4.11. Eleventh Defense — URLTA Exemption / Wrong Statute

The Premises are or are not subject to the URLTA in a manner inconsistent with Landlord's pleading. [SPECIFY].

4.12. Twelfth Defense — Failure to State a Claim

The Complaint fails to state a claim upon which relief may be granted.

4.13. Thirteenth Defense — Improper Service / Personal Jurisdiction

The summons and Complaint were not served at least two days before the eviction hearing as required by Alaska Civil Rule 85(a)(2) and AS 09.45.120, or were not served by a person authorized to make service.

4.14. Fourteenth Defense — Estoppel / Course of Dealing

Landlord is estopped by a course of dealing accepting late or partial payments without termination from now claiming a default.

4.15. Fifteenth Defense — Reservation

Tenant reserves the right to assert additional defenses as discovery progresses.

5. COUNTERCLAIM I — WRONGFUL WITHHOLDING OF SECURITY DEPOSIT (AS 34.03.070)

5.1. Tenant paid Landlord a security deposit of $[__________] on [__/__/____].

5.2. [PLEAD ONLY IF THE TENANCY HAS ENDED, POSSESSION HAS BEEN DELIVERED OR THE UNIT WAS ABANDONED, AND THE APPLICABLE DEADLINE HAS EXPIRED.] The tenancy ended on [__/__/____]; possession was delivered or the unit was abandoned on [__/__/____]. Landlord failed to mail the refund and itemized written statement required by AS 34.03.070(b) within the applicable 14- or 30-day period under AS 34.03.070(g). [STATE WHICH PERIOD APPLIES AND WHY.]

5.3. Landlord's failure to comply with AS 34.03.070(b) was willful. Tenant may recover an amount not to exceed twice the actual amount withheld under AS 34.03.070(d), plus any attorney fee award allowed by Alaska Civil Rule 82.

6. COUNTERCLAIM II — BREACH OF WARRANTY OF HABITABILITY (AS 34.03.100; AS 34.03.160 — .190)

6.1. Landlord has materially failed to comply with AS 34.03.100 by [SPECIFY DEFECTS].

6.2. Tenant gave written notice on [__/__/____].

6.3. Landlord failed to remedy.

6.4. Tenant seeks actual damages and other remedies available under AS 34.03.160. If this is a nonpayment possession action or an action for rent while Tenant remains in possession, Tenant also requests a rent reduction under AS 34.03.190(a)(1). Costs of procuring essential services under AS 34.03.180 require that section's separate written notice and other conditions, and AS 34.03.180(b) bars proceeding under AS 34.03.160 for the same breach.

7. COUNTERCLAIM III — SELF-HELP EVICTION (AS 34.03.210)

7.1. Landlord, on [__/__/____], [CHANGED LOCKS / SHUT OFF ELECTRICITY / WATER / HEAT / REMOVED TENANT'S PERSONAL PROPERTY / BARRED ACCESS] in violation of AS 34.03.210.

7.2. Tenant suffered actual damages of $[__________].

7.3. Under AS 34.03.210, Tenant elects to recover possession or terminate the Rental Agreement and seeks an amount not exceeding one and one-half (1.5) times proven actual damages. Any attorney-fee request rests on Alaska Civil Rule 82, subject to that rule and the Court's award.

8. COUNTERCLAIM IV — RETALIATION (AS 34.03.310)

8.1. Before Landlord's action, Tenant [ENGAGED IN PROTECTED ACTIVITY — habitability complaint, agency complaint, tenant union, URLTA enforcement].

8.2. Landlord's action was retaliatory under AS 34.03.310 and is unlawful. The current statute does not create an automatic 90-day presumption.

8.3. If Landlord violated AS 34.03.310(a), Tenant seeks the remedies incorporated from AS 34.03.210 and asserts the defense to possession in § 34.03.310(b), subject to the exceptions in subsection (c).

9. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests judgment as follows:

A. That the Complaint be dismissed as the evidence and governing law warrant;

B. That Landlord recover no unsupported amount of unpaid rent, damages, or holdover damages, or, alternatively, that any amount be reduced by abatements, offsets, and lawful essential-service deductions;

C. On Counterclaim I (Security Deposit), if ripe and willful noncompliance is proved: for an amount not exceeding twice the actual amount withheld under AS 34.03.070(d), plus any recoverable interest;

D. On Counterclaim II (Habitability): for relief authorized under AS 34.03.160 and, where AS 34.03.190 applies, a rent reduction;

E. On Counterclaim III (Self-Help): for an amount not exceeding 1.5 times proven actual damages under AS 34.03.210;

F. On Counterclaim IV (Retaliation): for actual damages and dismissal of the Complaint;

G. For costs, prejudgment interest, and attorney fees if awarded under Alaska Civil Rule 82; and

H. For such other and further relief as the Court deems just and equitable.

10. SEPARATE DEMAND FOR JURY TRIAL

File this demand as its own document. Copy this section and the complete case caption into a separate document. Sign and serve that demand no later than 10 days after service of the last pleading directed to the jury-triable issue; file it with the court. An embedded demand in this answer does not meet Alaska Civil Rule 38(b), (d).

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

Tenant separately demands a trial by jury on all issues so triable, including the damages phase and counterclaims. [CONFIRM THE CURRENT JURY-FEE OR FEE-WAIVER REQUIREMENT BEFORE FILING.]

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

11. VERIFICATION

Use this unsworn certification only when AS 09.63.020(a) applies and no notary public or other official empowered to administer oaths is available; otherwise use a sworn verification.

I, [TENANT NAME], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Answer and Counterclaims and that the factual allegations therein are true and correct to the best of my knowledge.

A notary public or other official empowered to administer oaths is unavailable. I certify under penalty of perjury that the foregoing is true.

Executed at [CITY], Alaska, on [__/__/____].

[________________________________]
[PRINTED NAME]

12. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [MONTH], 20[____].

Respectfully submitted,

[FIRM NAME / SELF-REPRESENTED]

By: [________________________________]
[ATTORNEY NAME], ABA No. [________] (or "Defendant pro se")
[ADDRESS]
[CITY, AK ZIP]
Telephone: [__________]
Email: [__________]
Attorney for Defendant [TENANT NAME]

13. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims was served on Plaintiff's counsel of record by [hand delivery / first-class U.S. mail / electronic filing pursuant to TrueFiling] at the address shown on the Complaint:

[OPPOSING COUNSEL NAME / FIRM]
[ADDRESS]
[CITY, AK ZIP]

[________________________________]
[NAME]

14. ALASKA PRACTICE NOTES

14.1. Filing the Answer. File at the same court division as the Complaint. Alaska Court System Form CIV-735 (Answer to FED Complaint) is the current court answer form; CIV-731 is the landlord's affidavit of compliance with the 30-day notice requirement. The pro se Tenant may use CIV-735 directly without an attorney. Follow its current TrueFiling and service instructions.

14.2. Answer deadline and hearing. Civil Rule 12(a) generally requires service of an answer within 20 days after service of the summons and complaint, unless the rule or a court order directs otherwise. The eviction hearing may occur sooner; appear at the date and time stated in the summons and follow any case-specific answer instructions.

14.3. Possession hearing. Appear on the date and time stated in the summons. Bring all documents: lease, payment records, photos of conditions, witnesses, code-enforcement reports, prior written complaints, medical records (if disability), and proof of any rent tendered.

14.4. Continuance. Under Civil Rule 85(a)(3) and AS 09.45.120, a continuance longer than two days at the defendant's request requires an undertaking to the adverse party with court-approved sureties, conditioned on payment of rent accruing if judgment is rendered against the defendant.

14.5. Discovery. Limited discovery is available before the possession hearing given the 15-day setting. Use document requests, interrogatories, and subpoenas duces tecum focused on (a) the Notice and proof of service; (b) prior payment ledger; (c) habitability complaints; (d) inspection records; (e) accommodation requests.

14.6. Habitability evidence. Photos with timestamps, written maintenance requests (text, email, certified mail), Anchorage / municipal Code-Enforcement reports, witness declarations, and expert opinions where mold or structural issues are alleged.

14.7. Retaliation timeline. Document protected activity by date and Landlord's response. AS 34.03.310 contains no 90-day presumption; plead facts supporting retaliatory motive and address the statutory exceptions in subsection (c).

14.8. Discrimination. The Alaska State Commission for Human Rights (1-800-478-4692) and the Anchorage Equal Rights Commission accept complaints. A pending agency complaint may be referenced as a defense.

14.9. Self-help counterclaim. AS 34.03.210 permits possession recovery or lease termination and an amount not exceeding 1.5 times actual damages. Seek attorney fees separately under Alaska Civil Rule 82 if awarded. Photographs and police reports may help prove the conduct and loss.

14.10. Subsidized tenancies. Request the HAP contract or public-housing lease in discovery; HUD termination procedures (24 C.F.R. § 982.310, § 966.4(l)) often have not been followed and can defeat possession.

14.11. Jury trial. Demand jury trial in a separate written document under Civil Rule 38(b). For qualifying filing and copy fee exemptions, consult court form TF-920; it does not address a jury fee deposit.

14.12. Free legal help.

• Alaska Legal Services Corporation: 1-888-478-2572
• Alaska Court System housing self-help: https://courts.alaska.gov/shc/housing/respondeviction.htm
• Alaska 2-1-1 (housing/social services referrals)
• Fair Housing Project of Alaska Legal Services: fairhousingalaska.org

14.13. Native Allotment / ANCSA / BIA housing. If the Premises are on Native trust land or operated by an Alaska Regional Housing Authority, tribal court or BIA jurisdiction may control. Raise jurisdictional defenses early.

14.14. Mobile-home park tenancies. AS 34.03.225 limits a mobile-home park operator's termination grounds and requires at least 270 days for a change in land use. Confirm that the pleaded ground and notice comply with that section.

14.15. Settlement. Many FED actions resolve at the courthouse on the day of trial. Consider negotiated stipulated judgments providing for graduated payment, voluntary surrender date, dismissal upon cure, or sealing of the case. Get any settlement on the record.

15. SOURCES AND REFERENCES

• AS 09.45.070 — .160 — Forcible Entry and Detainer
• AS 09.45.110 — Earliest date to bring possession action
• AS 22.15.030 — District Court jurisdiction (FED)
• AS 22.10.020 — Superior Court jurisdiction
• AS 34.03.010 et seq. — Alaska URLTA
• AS 34.03.040 — Prohibited provisions in rental agreements
• AS 09.45.090(c) — Three additional days after registered or certified mail service
• AS 09.45.100 — Service methods for notice to quit
• AS 34.03.070 — Security deposits (14/30-day return; 2x penalty)
• AS 34.03.100 — Habitability
• AS 34.03.120 — Tenant obligations
• AS 34.03.160 — Tenant remedies for noncompliance
• AS 34.03.180 — Essential-service remedies and deduction of actual, reasonable procurement costs
• AS 34.03.190 — Landlord noncompliance as defense to possession or rent action
• AS 34.03.210 — Self-help bar; tenant remedies (1.5x damages)
• AS 34.03.220 — Notice grounds
• AS 34.03.290 — Periodic tenancy / holdover; willful-holdover damages up to 1.5x actual
• AS 34.03.300 — Landlord and tenant remedies for abuse of access
• AS 34.03.310 — Retaliatory conduct prohibited
• AS 34.03.330 — Exemptions
• AS 34.03.225 — Limitations on mobile-home park terminations
• AS 18.80.240 — Discrimination in real-property rental
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 42 U.S.C. § 3604(f)(3) — Reasonable accommodation
• 24 C.F.R. § 982.310 — Section 8 termination procedures
• 24 C.F.R. § 966.4(l) — Public-housing lease provisions
• Alaska Const. Art. I, § 16 — Right to jury trial
• Alaska R. Civ. P. 85 — FED procedure (2-day service; 15-day trial)
• Alaska R. Civ. P. 82 — Attorney fees
• Alaska R. Civ. P. 38 — Jury trial demand
• Alaska R. Civ. P. 8 — Pleading rules
• Alaska Court System Forms CIV-735 (answer), CIV-731 (landlord notice affidavit), CIV-730, CIV-720, TF-920 (fee exemption)
• Alaska Department of Law, "The Alaska Landlord & Tenant Act"
• Alaska State Commission for Human Rights — 1-800-478-4692
• Anchorage Municipal Code Title 5 (Equal Rights Code)
• Alaska Legal Services Corporation — 1-888-478-2572