Eviction Notice & Unlawful Detainer Complaint

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 filed in the Alaska District Court under AS 09.45.070 – 09.45.160. 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 add-on: If the notice to quit is served by registered or certified mail rather than by personal delivery or by leaving it at the premises, add 3 days to the notice period (AS 09.45.090(c)).

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 / illegal activity
• ☐ 30-DAY NOTICE OF TERMINATION (AS 34.03.290(b)) — month-to-month tenancy
• ☐ 14-DAY NOTICE OF TERMINATION (AS 34.03.290(b)) — week-to-week tenancy

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 [__/__/____]. 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.

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 [__/__/____]. If the breach is remediable and you adequately remedy it before that date, 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, namely: [DESCRIBE]. Your rental agreement will terminate and you must vacate and deliver up possession of the Premises on or before [__/__/____], 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 is terminated because [DESCRIBE — deliberate infliction of substantial damage to the premises (loss/destruction/defacement exceeding $400), OR prostitution or other illegal activity 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 TERMINATION (AS 34.03.290(b))

You are hereby notified that the [month-to-month / week-to-week] tenancy at the Premises is terminated. You must surrender possession on or before [__/__/____], which is at least [30 / 14] days before the end of the current rental period, pursuant to AS 34.03.290(b).

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[LANDLORD / AGENT NAME], [TITLE]

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 (add 3 days to the notice period per 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 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).

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)], 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.

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.

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 is entitled to costs and, if provided by the rental agreement or statute, reasonable attorney's fees (Alaska R. Civ. P. 82).

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: [________________________________]

5. PART D — 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.

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." Current Alaska guidance and the Alaska Court System self-help materials confirm 7 days (10 days if the notice is mailed, reflecting the 3-day mailing add-on).
• 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 illegal activity/prostitution (AS 34.03.220(a)(1); AS 34.03.120(b)).
• Periodic tenancies: 30 days (month-to-month) / 14 days (week-to-week) under AS 34.03.290(b).
• Mailing add-on (AS 09.45.090(c)): add 3 days if the notice is served by registered or certified mail rather than personal delivery or leaving at the premises.
• 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 the F.E.D. in the Alaska District Court for the location of the Premises. Summons in F.E.D. actions is served not less than 2 days before trial; the court holds the eviction hearing promptly (generally within about 15 days of filing, but no sooner than 2 days after service). Verify the current filing fee with the Court (commonly published around $150).
• 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 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