Eviction Notice & Unlawful Detainer Complaint - Alaska

ALASKA EVICTION NOTICE AND FORCIBLE ENTRY & DETAINER (F.E.D.) COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice to Quit / Pay or Vacate (AS 34.03.220 / AS 09.45.105)
3. Part B — Certificate / Affidavit of Service of Notice (AS 09.45.100)
4. Part C — F.E.D. Complaint for Possession (AS 09.45.070 – 09.45.160)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. Alaska Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) the pre-suit Notice to Quit required by the Alaska Uniform Residential Landlord and Tenant Act (AS 34.03.220) and the content rules of AS 09.45.105, and (b) the Forcible Entry & Detainer (F.E.D.) Complaint for Possession under AS 09.45.070 – 09.45.160. File in the judicial district where the property is located and confirm whether the court booklet's district/superior-court allocation places the claim in district or superior court. The landlord must serve the statutorily prescribed notice, allow the notice period to expire, and then file the F.E.D. Complaint. Self-help eviction (changing locks, removing belongings, shutting off utilities) is prohibited; only a court judgment and law-enforcement-executed writ may remove a tenant.

Notice periods at a glance (AS 34.03.220 / AS 34.03.290):

Mailing and FED filing: If the notice to quit is mailed, AS 09.45.090(c) adds three days to the applicable AS 09.45.090(a) or (b) period when calculating the earliest date of unlawful holding by force. Calculate the URLTA cure or termination date separately; do not shorten it or relabel the added three days as part of that notice period.

Eviction diversion sheet: If the landlord seeks eviction, serve the current Alaska Court System MED-600 with this Notice to Quit and record delivery. For a unit AHFC owns and maintains when AHFC is the landlord, provide MED-602 at least seven days before filing an eviction case instead. An AHFC-administered voucher alone does not trigger that exception. Alaska Court System Administrative Bulletin 98 § 3(a)–(b).

2. PART A — NOTICE TO QUIT / PAY OR VACATE (AS 34.03.220 / AS 09.45.105)

[CHECK ONE — select the statutorily prescribed ground and notice period]

• ☐ 7-DAY NOTICE TO PAY RENT OR VACATE (AS 34.03.220(b)) — nonpayment of rent
• ☐ 10-DAY NOTICE TO CURE OR VACATE (AS 34.03.220(a)(2)) — material lease violation / health & safety
• ☐ 5-DAY NOTICE TO QUIT (AS 34.03.220(a)(2)) — repeat of same violation within 6 months
• ☐ 24-HOUR TO 5-DAY NOTICE TO QUIT (AS 34.03.220(a)(1)) — deliberate substantial damage / activity listed in AS 34.03.120(b)
• ☐ 30-DAY NOTICE OF TERMINATION (AS 34.03.290(b)) — month-to-month tenancy
• ☐ 14-DAY NOTICE OF TERMINATION (AS 34.03.290(a)) — week-to-week tenancy while rent is current

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY], Alaska [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

REQUIRED CONTENT OF NOTICE TO QUIT (AS 09.45.105)

This notice states: (1) the nature of the breach; (2) the remedial action required and the deadline to cure, if the breach is correctable; (3) that the tenant must vacate by the specified date and time; and (4) that a civil action (Forcible Entry & Detainer) may follow if the tenant fails to comply.

IF 7-DAY NOTICE TO PAY RENT OR VACATE (AS 34.03.220(b))

You are hereby notified that rent in the amount of $[____] is past due and unpaid for the Premises described above. You are required to PAY the full amount of rent due OR VACATE and deliver up possession of the Premises within SEVEN (7) DAYS after service of this notice, on or before [__/__/____] at [____] [a.m./p.m.]. If you fail to pay the rent or vacate within seven (7) days, the landlord may commence a Forcible Entry & Detainer action under AS 09.45.090(a)(1) to recover possession of the Premises when filing is permitted by that section.

IF 10-DAY NOTICE TO CURE OR VACATE (AS 34.03.220(a)(2))

You are hereby notified that you are in material noncompliance with your rental agreement and/or AS 34.03.120 in the following respect(s): [DESCRIBE THE ACTS AND OMISSIONS CONSTITUTING THE BREACH]. You are required to REMEDY the breach OR VACATE and deliver up possession of the Premises within TEN (10) DAYS after service of this notice, on or before [__/__/____] at [____] [a.m./p.m.]. If the breach is remediable and you adequately remedy it before that date and time, your rental agreement will not terminate. If you fail to remedy the breach, the rental agreement will terminate as provided in this notice.

Notice of repeat-violation consequence: In the absence of due care, if substantially the same act or omission recurs within six (6) months, the landlord may terminate the rental agreement on at least five (5) days' written notice without a further opportunity to cure.

IF 5-DAY NOTICE (REPEAT VIOLATION) (AS 34.03.220(a)(2))

You are hereby notified that, within six (6) months of a prior noncompliance of which you were given written notice, substantially the same act or omission has recurred in the absence of due care, namely: [DESCRIBE; IDENTIFY PRIOR NOTICE AND SERVICE DATE]. Your rental agreement will terminate and you must vacate and deliver up possession of the Premises on or before [__/__/____] at [____] [a.m./p.m.], not less than FIVE (5) DAYS after service of this notice.

IF 24-HOUR TO 5-DAY NOTICE TO QUIT (AS 34.03.220(a)(1))

You are hereby notified that your rental agreement will terminate because [DESCRIBE — deliberate infliction of substantial damage to the premises (loss/destruction/defacement exceeding $400), OR prostitution or another activity expressly listed in AS 34.03.120(b) at the premises]. You must vacate and deliver up possession of the Premises on or before [__/__/____] at [____] [a.m./p.m.], which is not less than 24 hours and not more than five (5) days after service of this notice.

IF 30-DAY / 14-DAY NOTICE OF PERIODIC TERMINATION (AS 34.03.290(a)-(b))

☐ Week-to-week under AS 34.03.290(a): While rent is current, the tenancy terminates on [DATE_AND_TIME], at least 14 days after this written notice is given.

☐ Month-to-month under AS 34.03.290(b): The tenancy terminates on the rental due date of [DATE_AND_TIME], and this written notice is given at least 30 days before that rental due date.

Demand to quit and notice of action (applies to the selected ground): If the tenancy terminates at the date and time stated for the selected ground, you must quit and surrender the Premises by that date and time. If the tenancy terminates and you continue to occupy the Premises, the landlord may commence a civil action to remove you and recover possession after the applicable statutory filing period has elapsed. Timely payment or adequate cure prevents termination where the selected ground gives that right.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[LANDLORD / AGENT NAME], [TITLE]

Eviction diversion sheet record: ☐ MED-600 served with this notice ☐ AHFC owns and maintains the unit and is the landlord; MED-602 provided on [__/__/____], at least seven days before filing

3. PART B — CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE (AS 09.45.100)

I, [SERVER NAME], certify (or being duly sworn, state) that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Notice to Quit on [TENANT NAME] in the manner indicated below, as authorized by AS 09.45.100:

• ☐ Personal delivery to the tenant.
• ☐ Leaving a copy at the premises (tenant absent).
• ☐ Registered or certified mail to the tenant's address (calculate the three additional days for the earliest FED filing date under AS 09.45.090(c)).

____________________________________

[SERVER NAME]

Address: [________________________________]

State of Alaska, [________________] Judicial District

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

Notary Public: ____________________________________
My Commission Expires: [__/__/____]

4. PART C — F.E.D. COMPLAINT FOR POSSESSION (AS 09.45.070 – 09.45.160)

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

[________________] JUDICIAL DISTRICT AT [CITY]

Case No.: [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION) AND FOR RENT AND DAMAGES

(AS 09.45.070; AS 09.45.090; AS 34.03.220)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental premises located at [ADDRESS], [CITY], Alaska [ZIP] (the "Premises"), situated in the [________________] Judicial District.

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per [month / week], payable in advance on the [____] day of each rental period.

3. The Premises [☐ is / ☐ is not] subject to the Alaska Uniform Residential Landlord and Tenant Act, AS 34.03 (see AS 34.03.330 exclusions).

3A. The value of rent arrears and property damage [☐ does not exceed / ☐ exceeds] $100,000. Select district court when it does not exceed $100,000 under AS 22.15.030(a)(6); select superior court for a larger claim under AS 22.10.020.

4. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058.

COUNT I — POSSESSION (FORCIBLE ENTRY & DETAINER)

5. Plaintiff realleges paragraphs 1 through 4.

6. Defendant is in unlawful holding by force within the meaning of AS 09.45.090 because Defendant has [☐ failed or refused to pay rent of $[____] due for the period [__/__/____] through [__/__/____] / ☐ materially breached the rental agreement or AS 34.03.120 as follows: ____________ / ☐ deliberately inflicted substantial damage to or used the Premises for an illegal purpose / ☐ held over after termination of a periodic tenancy on [__/__/____]].

7. On [__/__/____], Plaintiff served upon Defendant the statutorily required [7-day / 10-day / 5-day / 24-hour-to-5-day / 30-day / 14-day] Notice to Quit pursuant to AS [34.03.220(b) / 34.03.220(a)(2) / 34.03.220(a)(1) / 34.03.290(b) / 34.03.290(a)], in compliance with the content requirements of AS 09.45.105 and served as authorized by AS 09.45.100. A true and correct copy of the Notice is attached as Exhibit A, and the proof of service is Exhibit B. ☐ MED-600 was provided with the Notice to Quit; or ☐ AHFC owns and maintains the unit and is the landlord, and MED-602 was provided to the tenant on [__/__/____], at least seven days before this case was filed. If neither applies, explain the omission at the possession hearing under Administrative Bulletin 98 § 3(a).

8. More than the statutory notice period has elapsed, and Defendant has failed to [pay the rent / cure the breach / vacate the Premises]. Defendant continues in possession without the consent of Plaintiff.

8A. The earliest date of unlawful holding by force under AS 09.45.090 was [__/__/____]. If the notice was mailed, this date includes the three additional days required by AS 09.45.090(c). This action is filed on or after that date under AS 09.45.110.

9. Plaintiff is entitled to recover possession of the Premises pursuant to AS 09.45.070 and AS 09.45.090.

WHEREFORE, on Count I, Plaintiff demands judgment for possession of the Premises, issuance of a writ of assistance / writ of restitution directing a peace officer to restore possession to Plaintiff, and costs.

COUNT II — RENT AND DAMAGES

10. Plaintiff realleges paragraphs 1 through 9.

11. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered.

12. Defendant is further liable for $[____] in damages to the Premises and other amounts recoverable under the rental agreement and AS 34.03.

13. Plaintiff seeks costs and, if Plaintiff prevails, an attorney-fee award as calculated and allowed under Alaska Civil Rule 82. This request does not rely on a lease term requiring Defendant to pay Plaintiff's attorney fees, which AS 34.03.040(a)(4) prohibits.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, the reasonable value of use and occupancy, damages, prejudgment interest, costs, and attorney's fees, and for such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

____________________________________

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, Alaska Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Required dismissal notice (Civil Rule 85(a)(1), (a)(6); text from current Form CIV-730):

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.

Filing attachments: Attach the notice to quit and proof of service. Provide MED-601, the post-filing information sheet identified in Administrative Bulletin 98 § 3 as page 2 of CIV-105, with the summons and complaint. Current CIV-730 also lists the Affidavit of Compliance with 30-Day Notice Requirement (CIV-731) and Information Sheet (Eviction Case) (CIV-732) as required attachments; complete them for this filing.

5. PART D — 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, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

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

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

____________________________________

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

State of Alaska, [________________] Judicial District

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

____________________________________

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

____________________________________
Notary Public, State of Alaska
My Commission Expires: [__/__/____]

7. ALASKA PRACTICE NOTES

• Two-statute structure. The notice periods come from the URLTA (AS 34.03.220 / AS 34.03.290); the eviction lawsuit (Forcible Entry & Detainer) is governed by AS 09.45.060 – 09.45.160. Both must be satisfied.
• 7 days for nonpayment. AS 09.45.090(a)(1) requires that, after the AS 34.03.220(b) written notice, the tenant "fails or refuses to vacate or pay the rent within seven days." AS 09.45.090(c) adds three days when notice is served by registered or certified mail.
• 10 days to cure a material lease violation (AS 34.03.220(a)(2)); a tenant who timely cures avoids termination. A 5-day notice applies to a repeat of substantially the same violation within 6 months, with no further cure right.
• 24-hour to 5-day notice for deliberate substantial damage (over $400) or activity specifically listed in AS 34.03.120(b) (AS 34.03.220(a)(1)).
• Periodic tenancies: AS 34.03.290(a) permits either party to terminate a week-to-week tenancy while rent is current on at least 14 days' written notice; subsection (b) permits either party to terminate a month-to-month tenancy by written notice at least 30 days before the rental due date specified in the notice.
• Mailing and filing (AS 09.45.090(c)): after a mailed notice, add three days when determining the earliest date of unlawful holding by force under AS 09.45.090(a) or (b); calculate the URLTA cure or termination period separately.
• Notice content (AS 09.45.105): state the breach, the cure/remedy and deadline (if curable), direct the tenant to vacate by a date/time, and warn that a civil action may follow. Defective notice content is a leading cause of dismissal.
• Service of notice (AS 09.45.100): personal delivery, leaving at the premises if the tenant is absent, or registered/certified mail.
• Where and when to file. File in the judicial district where the Premises are located. AS 22.15.030(a)(6) places FED claims with arrears and property damage valued at no more than $100,000 in district court; AS 22.10.020 governs superior-court jurisdiction. Verify the local filing route and fee. Civil Rule 85(a)(2) requires summons service at least two days before the eviction hearing and ordinarily sets that hearing no more than 15 days after complaint filing unless the court orders otherwise.
• Two-step procedure. Alaska F.E.D. actions are often bifurcated: the court first decides possession, then sets a later hearing on rent and damages (Count II). Plead both.
• No self-help. Lockouts, utility shutoffs, and removal of belongings are prohibited; only a peace officer may execute a writ of restitution after judgment.
• Mobile-home parks (AS 34.03.225) and subsidized housing have additional/different cause and notice rules. CARES Act 30-day notice may apply to federally backed dwellings.

8. SOURCES AND REFERENCES

• Alaska Stat. § 34.03.220 (noncompliance; failure to pay rent — notice periods) — https://www.akleg.gov/basis/statutes.asp#34.03.220
• Alaska Stat. § 34.03.290 (periodic tenancy; holdover) — https://www.akleg.gov/basis/statutes.asp#34.03.290
• Alaska Stat. § 09.45.070 (action for forcible entry or detention) — https://www.akleg.gov/basis/statutes.asp#09.45.070
• Alaska Stat. § 09.45.090 (unlawful holding by force; 7-day nonpayment) — https://www.akleg.gov/basis/statutes.asp#09.45.090
• Alaska Stat. § 09.45.100 (notice to quit; service) — https://www.akleg.gov/basis/statutes.asp#09.45.100
• Alaska Stat. § 09.45.105 (content of notice to quit) — https://www.akleg.gov/basis/statutes.asp#09.45.105
• Alaska Stat. § 09.45.160 (actions for possession of realty) — https://www.akleg.gov/basis/statutes.asp#09.45.160
• Alaska Court System, Eviction Booklet (CIV-720) — https://public.courts.alaska.gov/web/forms/docs/civ-720.pdf
• Alaska Court System, Complaint for Forcible Entry and Detainer (CIV-730, 2/26) — https://public.courts.alaska.gov/web/forms/docs/civ-730.pdf
• Alaska Court System, Civil Rule 85 — https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Department of Law, The Alaska Landlord & Tenant Act — https://law.alaska.gov/pdf/consumer/LandlordTenant_web.pdf
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An Alaska-licensed attorney must review and customize this package before service or filing. Mobile-home park and subsidized-housing tenancies follow additional rules; verify current notice periods, court filing fees, and any CARES Act requirements before use.

Last Updated: 2026-06-06