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. 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 in the following respects: [SPECIFY — e.g., overstated rent due, did not afford the full statutory cure period, failed to specify the breach with the particularity required by AS 34.03.220(a)(1), was served by an improper method, failed to add three days for mail service, etc.].

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 offsets, abatements, repair-and-deduct credits, and security-deposit credits 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 attached to the Complaint is legally insufficient because it: (a) overstates the rent or charges due; (b) does not state the breach with the particularity required by AS 34.03.220(a)(1); (c) does not afford the full cure / termination period required by AS 34.03.040 (counting from the day after service, with three additional days for mailed service); (d) was not served by a method authorized by statute; or (e) demanded amounts that are not "rent" under AS 34.03.220(b). [SPECIFY DEFECTS].

4.2. Second Defense — Acceptance of Rent / Waiver

Landlord accepted full rent / a tendered offer of full rent on [__/__/____], after service of the Notice, thereby waiving the Notice and reinstating the tenancy.

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. Tenant is entitled to rent abatement under AS 34.03.190 reflecting the diminished rental value.

4.4. Fourth Defense — Repair and Deduct (AS 34.03.180)

Tenant lawfully exercised the repair-and-deduct remedy under AS 34.03.180 by giving written notice on [__/__/____] of conditions costing less than $400 (or one-half of one month's rent, whichever is greater) and deducting the cost of repair from rent.

4.5. Fifth Defense — Retaliation (AS 34.03.310)

Within 90 days before the Notice and Complaint, Tenant: (a) complained to Landlord of habitability violations under AS 34.03.100; (b) complained to a governmental agency (e.g., [NAME]) regarding code violations; (c) sought to enforce rights under the URLTA; or (d) organized or joined a tenant union. Landlord's action is presumed retaliatory under AS 34.03.310 and is unlawful.

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

Landlord's action is motivated by Tenant's race, color, religion, national origin, sex, marital status, change in marital status, pregnancy, parenthood, physical or mental disability, familial status, or (in Anchorage) sexual orientation, gender identity, or gender expression, in violation of AS 18.80.240, the federal Fair Housing Act (42 U.S.C. § 3604), and applicable municipal ordinances including Anchorage Municipal Code Title 5.

4.7. Seventh Defense — Disability Accommodation (FHA; AS 18.80.240)

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) and AS 18.80.240. [DETAIL].

4.8. Eighth Defense — Domestic Violence Protections (AS 34.03.290(c)–(d); AS 34.03.310)

The conduct cited in the Notice arises from incidents of domestic violence in which Tenant was the victim. Eviction on this basis is prohibited by Alaska law.

4.9. Ninth Defense — Self-Help Eviction (AS 34.03.210)

Landlord has engaged in unlawful self-help by [CHANGING LOCKS / SHUTTING OFF UTILITIES / REMOVING TENANT'S BELONGINGS / OTHER], in violation of AS 34.03.210. Self-help is a defense to possession.

4.10. Tenth Defense — Fixed-Term Lease

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

4.11. Eleventh 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.

4.12. Twelfth Defense — URLTA Exemption / Wrong Statute

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

4.13. Thirteenth Defense — Failure to State a Claim

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

4.14. Fourteenth Defense — Improper Service / Personal Jurisdiction

The summons and Complaint were not served at least two days before trial as required by Alaska Civil Rule 85(a)(3), or were not served by a person authorized to make service.

4.15. Fifteenth 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.

4.16. Sixteenth 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. Landlord has willfully failed to comply with AS 34.03.070(g) by failing to refund the security deposit and/or to provide an itemized written statement within 14/30 days as required.

5.3. Tenant is entitled to recover up to TWICE the amount wrongfully withheld pursuant to AS 34.03.070(h), plus attorney fees under 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 is entitled to rent abatement under AS 34.03.190, repair costs under AS 34.03.180, actual damages, and other remedies under AS 34.03.160.

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. Tenant is entitled to recover actual damages or AN AMOUNT NOT TO EXCEED ONE AND ONE-HALF (1.5) TIMES actual damages, plus attorney fees, under AS 34.03.210.

8. COUNTERCLAIM IV — RETALIATION (AS 34.03.310)

8.1. Within 90 days before Landlord's action, Tenant [ENGAGED IN PROTECTED ACTIVITY — habitability complaint, agency complaint, tenant union, URLTA enforcement].

8.2. Landlord's action is presumed retaliatory under AS 34.03.310 and is unlawful.

8.3. Tenant is entitled to remedies under AS 34.03.210 and a complete defense to possession.

9. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests judgment as follows:

A. That the Complaint be DISMISSED with prejudice;

B. That Landlord recover NO amount of unpaid rent, damages, or holdover damages, or, alternatively, that any amount be reduced by abatements, offsets, and repair-and-deduct credits;

C. On Counterclaim I (Security Deposit): for up to twice the amount wrongfully withheld, plus interest;

D. On Counterclaim II (Habitability): for rent abatement, actual damages, and repair costs;

E. On Counterclaim III (Self-Help): for actual damages or 1.5x 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 under Alaska Civil Rule 82 and AS 34.03.030; and

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

10. DEMAND FOR JURY TRIAL

Pursuant to Alaska Constitution Article I, § 16, and Alaska Civil Rule 38, Tenant DEMANDS A TRIAL BY JURY on all issues so triable, including the damages phase and all counterclaims. [ATTACH JURY-FEE PAYMENT OR FEE-WAIVER REQUEST CIV-401.]

11. 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.

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. Use Alaska Court System Form CIV-731 (Answer to FED Complaint) where appropriate. The pro se Tenant may use CIV-731 directly without an attorney.

14.2. 20-day damages clock. Even if Tenant does not file a written Answer for the possession phase, file a written Answer within 20 days to defend the damages claims and avoid default.

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. Court-ordered rent deposit. If Tenant requests a continuance of the FED hearing, the court may require Tenant to deposit accruing rent into the court registry pending trial. Plan accordingly.

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. The 90-day window in AS 34.03.310 creates a presumption that Landlord must rebut.

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 gives Tenant actual damages or up to 1.5x actual damages, plus attorney fees. Photographs and police reports are key evidence.

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 writing; Alaska Constitution Article I, § 16 preserves the right. Jury-fee deposit is required (waivable via CIV-401 indigency declaration).

14.12. Free legal help.

• Alaska Legal Services Corporation: 1-888-478-2572
• Alaska Court System Self-Help Center: 1-866-279-0928
• 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 34.03A applies separately; if the Complaint mistakenly cites URLTA for a mobile-home park tenancy, raise the wrong-statute defense.

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 — Order to vacate; writ of assistance
• AS 22.15.030 — District Court jurisdiction (FED)
• AS 22.10.020 — Superior Court jurisdiction
• AS 34.03.010 et seq. — Alaska URLTA
• AS 34.03.030 — Attorney fee limits
• AS 34.03.040 — Notice computation
• 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 — Repair and deduct
• AS 34.03.190 — Rent abatement for diminished value
• 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; DV protections
• AS 34.03.300 — Holdover damages
• AS 34.03.310 — Retaliation (90-day window)
• AS 34.03.330 — Exemptions
• AS 34.03A — Mobile Home Park Landlord and Tenant Act
• AS 18.80.240 — Discrimination in real-property rental
• AS 18.80.255 — Reasonable accommodation in housing
• 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-731, CIV-730, CIV-720, CIV-401
• 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