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 34.03.290)
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 value of rent arrears and property damage does not exceed $100,000. The District Court has jurisdiction over this FED action pursuant to AS 22.15.030(a)(6).

☐ The value of rent arrears and property damage 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)(2) for material noncompliance with the Rental Agreement / AS 34.03.120 (Exhibit B).

☐ 24-Hour to 5-Day Notice to Quit under AS 34.03.220(a)(1) for deliberate substantial damage / activity prohibited by AS 34.03.120(b) (Exhibit B).

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

☐ 30-Day No-Cause Notice under AS 34.03.290(b) terminating month-to-month tenancy on the rental due date of [__/__/____]; written notice was given at least 30 days before that rental due date (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 09.45.100 — .105 (notice to quit, service, and contents), AS 34.03.220 / .290 (applicable grounds and notice periods), and AS 09.45.110 (date when a possession action may begin). If notice was mailed, plaintiff added the three days required by AS 09.45.090(c) when calculating the earliest date of unlawful holding by force.

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 seeks judgment for possession and, if needed, issuance of a writ of assistance to enforce that judgment.

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 34.03.290)

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 34.03.290(c), if the holdover was willful and not in good faith, Plaintiff may recover an amount not to exceed one and one-half times actual damages.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A. For judgment restoring possession of the Premises to Plaintiff;

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 34.03.290 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 if awarded under Alaska Civil Rule 82, subject to AS 34.03.040(a)(4)'s prohibition on a lease term requiring the tenant to pay the landlord's attorney fees; 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 an eviction hearing no more than FIFTEEN (15) DAYS after filing of this Complaint, unless the court orders otherwise, pursuant to Alaska Civil Rule 85(a)(2).

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 [NAME OF PERSON AUTHORIZED TO SERVE PROCESS] for service upon Defendant. The summons must be served not less than two (2) days before the eviction hearing under Alaska Civil Rule 85(a)(2) and AS 09.45.120. File proof of completed service with the court.

[________________________________]
[ATTORNEY / PARALEGAL NAME]

Notice of possible dismissal for want of prosecution (Civil Rule 85(a)(1), (a)(6); use the identical notice on current Form CIV-730 when filing):

NOTICE: If all of the following are true:

• this case has been pending for more than 180 days from the date the complaint was filed, and
• no further trial or hearing is scheduled to take place in the case, and
• no application for default judgment has been filed,

then the court may dismiss this case for want of prosecution without further notice or order. If this happens, a party has the right to reopen this case no later than one year after dismissal by making a request to the court clerk in writing.

14. ALASKA PRACTICE NOTES

14.1. Required filings packet. Filing checklist:

• Complaint (this template / CIV-730);
• Copy of the notice to quit; Affidavit of Compliance with 30-Day Notice Requirement (CIV-731); and Information Sheet (Eviction Case) (CIV-732), as listed on current 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;
• If seeking a default, Default Application and Affidavit (CIV-740) and proposed Default Judgment (CIV-745), as applicable;
• Filing fee (verify current schedule); fee waiver via CIV-401 if eligible.

14.2. Two-day service rule. Civil Rule 85(a)(2) and AS 09.45.120 require service of the summons at least two days before the eviction hearing. Check proof of service before the hearing.

14.3. Hearing and continuances. Civil Rule 85(a)(2) sets the eviction hearing no more than 15 days after complaint filing unless the court orders otherwise. Under 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.

14.4. 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(b)(1) uses a tiered judgment-and-interest schedule if the prevailing party recovers money; the percentage changes with a contested trial, contested resolution without trial, or noncontested judgment. If the prevailing party recovers no money judgment, Rule 82(b)(2) generally uses 30% of necessary actual fees after trial or 20% without trial. Other law or agreement may control, the court may vary an award under Rule 82(b)(3), and a timely fee motion is required under Rule 82(c). AS 34.03.040(a)(4) prohibits a rental-agreement term requiring the tenant to pay the landlord's attorney fees.

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 defective notice; habitability defenses under AS 34.03.100; retaliation under AS 34.03.310, which contains no 90-day presumption; discrimination; waiver; lawful deductions for essential services under AS 34.03.180 when its conditions are met; federal or lease-based protections relevant to domestic violence or subsidized housing; and the self-help bar under AS 34.03.210. Current AS 34.03.290 has no subsection (d) or state DV rule.

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. AS 34.03.225 permits termination only for listed grounds; a change in land use requires at least 270 days' notice and a May 1–October 15 quit date. Plead and attach the applicable 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 — Earliest date to bring possession action
• AS 09.45.120 — Summons service and continuance
• AS 09.30.070 — Statutory interest
• AS 22.15.030(a)(6) — 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 34.03.040(a)(4) — Prohibited rental-agreement attorney-fee term
• AS 34.03.040 — Prohibited provisions in rental agreements
• AS 34.03.070 — Security deposits
• AS 34.03.100 — Habitability
• AS 34.03.120 — Tenant obligations
• AS 34.03.180 — Tenant remedies when landlord fails to supply essential services
• AS 34.03.210 — Self-help bar
• 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 — Retaliation
• 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
• 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 (dismissal notice; 2-day service; hearing ordinarily within 15 days of complaint filing)
• 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 (complaint), CIV-731 (landlord affidavit), CIV-732 (information sheet), CIV-735 (answer), CIV-740 (default application), CIV-745 (default judgment), CIV-100, CIV-105, CIV-125D/S, CIV-615, CIV-720
• Alaska Department of Law, "The Alaska Landlord & Tenant Act"
• Anchorage Municipal Code Title 5 (Equal Rights Code)