Alaska Eviction Complaint (Forcible Entry and Detainer / FED)

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION) — ALASKA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and Premises
4. Statutory Notice and Cure Period
5. Count I — Forcible Entry and Detainer (Possession)
6. Count II — Unpaid Rent and Late Fees
7. Count III — Damages to Premises
8. Count IV — Holdover Damages (AS 34.03.300)
9. Prayer for Relief
10. Demand for 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 [ANCHORAGE / FAIRBANKS / JUNEAU / PALMER / KENAI / NOME / KETCHIKAN / OTHER]

Case No. [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION)

(AS 09.45.070 et seq.; AS 34.03.220 / 34.03.290; Alaska R. Civ. P. 85)

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] is the owner / authorized agent of the residential rental unit described below and is a citizen and resident of [CITY, AK] / a [STATE OF ORG] entity authorized to do business in Alaska.

2.2. Defendant [TENANT NAME] is, on information and belief, a citizen and resident of Alaska, in possession of the Premises located at the address described in Section 3.

2.3. Defendants Jane Doe and John Doe are unknown adult occupants of the Premises whose true names will be substituted upon discovery.

2.4. This action arises under the Alaska Forcible Entry and Detainer statutes, AS 09.45.070 — .160, and the Alaska Uniform Residential Landlord and Tenant Act, AS 34.03.010 et seq.

2.5. [Subject-matter jurisdiction — SELECT ONE]:

☐ The amount in controversy, exclusive of interest and costs, is less than $100,000. The District Court has jurisdiction pursuant to AS 22.15.030(a)(7).

☐ The amount in controversy, exclusive of interest and costs, equals or exceeds $100,000. The Superior Court has jurisdiction pursuant to AS 22.10.020.

2.6. Venue is proper in this judicial district pursuant to AS 22.15.080 / Alaska Civil Rule 3 because the Premises are located in this judicial district.

3. THE TENANCY AND PREMISES

3.1. Premises. The residential rental unit at issue is located at:

[STREET ADDRESS], [UNIT / APARTMENT NO.], [CITY], Alaska [ZIP] (the "Premises").

3.2. Rental Agreement. Plaintiff and Defendant entered into a [☐ written / ☐ oral] [☐ fixed-term / ☐ month-to-month / ☐ week-to-week] residential rental agreement on [__/__/____] (the "Rental Agreement"). [If written, a true and correct copy is attached as Exhibit A.]

3.3. Rent. Defendant agreed to pay rent of $[__________] per [month / week], due on the [____] day of each rental period at [ADDRESS / METHOD OF PAYMENT].

3.4. Security deposit. Defendant paid a security deposit of $[__________] on [__/__/____], held in accordance with AS 34.03.070.

3.5. Possession. Defendant took possession of the Premises on or about [__/__/____] and has remained in possession at all times material.

3.6. URLTA coverage. The Rental Agreement and Premises are subject to the Alaska URLTA, AS 34.03.010 et seq., and are not exempt under AS 34.03.330.

4. STATUTORY NOTICE AND CURE PERIOD

4.1. Ground for termination. Plaintiff served Defendant with the following statutory notice (CHECK ONE):

☐ 7-Day Notice to Pay Rent or Quit under AS 34.03.220(b) for nonpayment of rent (Exhibit B).

☐ 10-Day Notice to Cure or Quit under AS 34.03.220(a)(1) for material noncompliance with the Rental Agreement / AS 34.03.120 (Exhibit B).

☐ 24-Hour to 5-Day Non-Curable Notice to Quit under AS 34.03.220(a)(2) for deliberate substantial damage / illegal activity (Exhibit B).

☐ 5-Day Utility Notice under AS 34.03.220(c) for tenant-caused utility discontinuance (Exhibit B).

☐ 30-Day No-Cause Notice under AS 34.03.290(b) terminating month-to-month tenancy (Exhibit B).

☐ 14-Day No-Cause Notice under AS 34.03.290(a) terminating week-to-week tenancy (Exhibit B).

☐ Holdover after fixed-term expiration — fixed term ended [__/__/____]; demand for possession served (Exhibit B).

4.2. Date and method of service. The Notice was served on Defendant on [__/__/____] by [personal delivery / substituted service / posting and mailing / certified mail], as established by the Proof of Service attached as Exhibit C.

4.3. Expiration. The cure / notice period expired on [__/__/____] without cure or surrender of possession.

4.4. Continued possession. Defendant remains in possession of the Premises without right or privilege.

4.5. Compliance with notice statutes. Plaintiff has complied with AS 34.03.040 (notice computation and service), AS 34.03.220 / .290 (grounds and notice periods), and AS 09.45.100 — .105 (notice to quit before FED).

5. COUNT I — FORCIBLE ENTRY AND DETAINER (POSSESSION)

5.1. Plaintiff incorporates paragraphs 1 — 4.5.

5.2. Defendant has unlawfully and forcibly held the Premises against the will of the person entitled to possession after the lawful termination of the Rental Agreement, within the meaning of AS 09.45.070.

5.3. Plaintiff is the person entitled to possession of the Premises.

5.4. Plaintiff is entitled to immediate possession and to an Order to Vacate under AS 09.45.110, and on request a writ of assistance directed to a peace officer to enforce the order.

WHEREFORE, Plaintiff demands judgment for possession of the Premises, costs, and attorney fees.

6. COUNT II — UNPAID RENT AND LATE FEES

6.1. Plaintiff incorporates paragraphs 1 — 4.5.

6.2. Defendant has failed to pay rent due under the Rental Agreement as follows:

6.3. Per-diem rent continues to accrue at the rate of $[__________] per day from [__/__/____] until possession is restored to Plaintiff.

6.4. Plaintiff is entitled to judgment for the total rent and late fees stated above, plus per-diem rent through the date of judgment, plus prejudgment interest under AS 09.30.070.

7. COUNT III — DAMAGES TO PREMISES

7.1. Plaintiff incorporates paragraphs 1 — 4.5.

7.2. Defendant has caused damage to the Premises in breach of AS 34.03.120(a)(5) and the Rental Agreement, including but not limited to: [ITEMIZED DESCRIPTION OF DAMAGE].

7.3. The reasonable cost of repair and remediation is $[__________], supported by the estimates / invoices attached as Exhibit D.

7.4. Plaintiff is entitled to recover the foregoing costs from Defendant subject to offset against the security deposit pursuant to AS 34.03.070.

8. COUNT IV — HOLDOVER DAMAGES (AS 34.03.300)

8.1. Plaintiff incorporates paragraphs 1 — 4.5.

8.2. Defendant's continued possession after expiration of the Notice is willful and not in good faith.

8.3. Pursuant to AS 34.03.300, Plaintiff is entitled to recover an amount NOT TO EXCEED ONE AND ONE-HALF (1.5) TIMES the actual damages caused by the willful holdover.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A. For possession of the Premises and an Order to Vacate under AS 09.45.110;

B. On request, for a writ of assistance directed to a peace officer;

C. For unpaid rent and late fees in the amount of $[__________], plus per-diem rent of $[__________] per day from [__/__/____] until possession is restored;

D. For damages to the Premises in the amount of $[__________];

E. For holdover damages under AS 34.03.300 not exceeding 1.5 times actual damages;

F. For prejudgment and post-judgment interest at the statutory rate under AS 09.30.070;

G. For costs of suit, including filing fees, service fees, and writ-of-assistance fees;

H. For attorney fees under Alaska Civil Rule 82 and the Rental Agreement, subject to AS 34.03.030; and

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

10. DEMAND FOR TRIAL

10.1. Possession phase. Plaintiff requests that this matter be set for trial on possession within FIFTEEN (15) DAYS of issuance of summons pursuant to Alaska Civil Rule 85.

10.2. Damages phase. Plaintiff [☐ DOES / ☐ DOES NOT] demand a TRIAL BY JURY on the damages phase pursuant to Alaska Constitution Article I, § 16, and Alaska Civil Rule 38. [If demanded, jury fee tendered with this Complaint.]

11. VERIFICATION

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

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

[________________________________]
[PRINTED NAME], [TITLE]

12. SIGNATURE AND SERVICE BLOCKS

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

Respectfully submitted,

[FIRM NAME]

By: [________________________________]
[ATTORNEY NAME], ABA No. [________]
[FIRM ADDRESS]
[CITY, AK ZIP]
Telephone: [__________]
Email: [__________]
Attorneys for Plaintiff

13. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing Complaint, with summons and exhibits, was delivered to a licensed process server / peace officer for personal service upon Defendant pursuant to Alaska Civil Rule 85(a)(3), to be effected not less than two (2) days before the date of trial.

[________________________________]
[ATTORNEY / PARALEGAL NAME]

14. ALASKA PRACTICE NOTES

14.1. Required filings packet. Filing checklist:

• Complaint (this template / CIV-730);
• Summons FED — CIV-100 (Anchorage/Fairbanks) or CIV-105 (other locations);
• Case Description Form — CIV-125D (District Court) or CIV-125S (Superior Court);
• Service Instructions — CIV-615;
• Proposed Judgment — CIV-735;
• Filing fee (verify current schedule); fee waiver via CIV-401 if eligible.

14.2. Two-day service rule. Civil Rule 85(a)(3): summons in an FED action shall be served not less than two days before the date of trial. Insufficient service is a defense and grounds for postponement.

14.3. 15-day trial setting. The court schedules the FED hearing within 15 days of service of summons. If the trial cannot be held within that window because of late service, the court may continue the matter and require Defendant to deposit accruing rent into court.

14.4. Bifurcation of possession and damages. The possession phase is tried first and quickly. Defendant is entitled to 20 days to answer the damages claims, which then proceed under standard civil rules (including jury trial right and discovery).

14.5. Attorney fees. Alaska Civil Rule 82 awards prevailing-party fees on a sliding scale (typically 20% of contested judgment without trial, 30% with trial). Lease fee provisions are enforceable subject to AS 34.03.030.

14.6. Self-help bar. AS 34.03.210 — locking the tenant out, shutting off utilities, or removing belongings exposes Plaintiff to actual or 1.5x damages plus attorney fees, AND is a defense / counterclaim in the FED.

14.7. Tenant defenses. Anticipate the following: (a) defective notice (wrong amount, wrong period, wrong method); (b) breach of warranty of habitability under AS 34.03.100; (c) retaliation under AS 34.03.310 (90-day window); (d) discrimination under AS 18.80.240 / FHA; (e) acceptance of rent post-Notice waiver; (f) repair-and-deduct under AS 34.03.180; (g) DV protections under AS 34.03.290(c)–(d); (h) failure to comply with subsidized-housing termination requirements; (i) self-help bar under AS 34.03.210.

14.8. Rural Alaska. In off-road communities, magistrate judges hear FED actions on a circuit basis. Service by State Trooper or air-borne process server may add days; coordinate with the court clerk.

14.9. Mobile-home parks. Use AS 34.03A procedures, not this Complaint. Park-closure terminations require 270 days' notice.

14.10. Subsidized tenancies. Public-housing, HAP/Section 8, LIHTC, and rural-development tenancies require additional federal compliance (24 C.F.R. §§ 982.310, 966.4(l)) — plead good-cause grounds and lease compliance.

14.11. Anchorage. AMC Title 5 (Equal Rights Code) provides additional protected classes; confirm before filing if a no-cause termination touches a protected characteristic.

15. SOURCES AND REFERENCES

• AS 09.45.070 — .160 — Forcible Entry and Detainer
• AS 09.45.100 — .105 — Notice to quit before FED
• AS 09.45.110 — Order to vacate; writ of assistance
• AS 09.30.070 — Statutory interest
• AS 22.15.030 — District Court jurisdiction (FED)
• AS 22.10.020 — Superior Court jurisdiction
• AS 22.15.080 — Venue
• 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
• AS 34.03.100 — Habitability
• AS 34.03.120 — Tenant obligations
• AS 34.03.180 — Repair and deduct
• AS 34.03.210 — Self-help bar
• AS 34.03.220 — Notice grounds
• AS 34.03.290 — Periodic tenancy / holdover
• AS 34.03.300 — Holdover damages
• AS 34.03.310 — Retaliation
• AS 34.03A — Mobile Home Park Landlord and Tenant Act
• AS 18.80.240 — Discrimination in real-property rental
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 24 C.F.R. § 982.310 — Section 8 termination procedures
• 24 C.F.R. § 966.4 — Public-housing lease provisions
• 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 Const. Art. I, § 16 — Right to jury trial
• Alaska Court System Forms CIV-730, CIV-100, CIV-105, CIV-125D/S, CIV-615, CIV-735, CIV-720
• Alaska Department of Law, "The Alaska Landlord & Tenant Act"
• Anchorage Municipal Code Title 5 (Equal Rights Code)