Legal Notice - Eviction

RESIDENTIAL NOTICE TO QUIT

State of Alaska

Select one ground only. Alaska publishes separate notice forms for nonpayment of rent (CIV-725), nonpayment of utilities (CIV-726), rental-agreement violations (CIV-727), intentional damage (CIV-728), and specified illegal activity (CIV-729). Use the current court form matching the actual facts. Do not combine inconsistent grounds or deadlines in one notice without Alaska legal review.

1. PRE-SERVICE REVIEW

Nonpayment amount gate: CIV-725 instructs that the demanded eviction amount is rent only and excludes late fees and interest. List other claimed charges separately from the amount required to cure nonpayment.

2. PARTIES AND PREMISES

Owner / Landlord: [NAME]

Property manager or authorized agent: [NAME_AND_TITLE]

Address for communications or payment: [ADDRESS]

Telephone: [PHONE]

Email: [EMAIL]

To each tenant or person in possession:

1. [RECIPIENT_NAME]
2. [RECIPIENT_NAME]
3. [RECIPIENT_NAME]

Rental-unit address: [STREET_ADDRESS, UNIT, COMMUNITY, ALASKA ZIP]

Rental agreement date: [DATE]

Notice date: [DATE]

3. SELECTED NOTICE GROUND

Complete only the selected section and delete all others before service.

A. Seven-day notice for nonpayment of rent — AS 34.03.220(b); CIV-725

☐ Selected

Rent is unpaid when due:

Total rent required to cure: $[AMOUNT]

This amount excludes late fees, interest, utilities, damages, and other non-rent charges.

You must pay the total rent stated above in full by [DATE] at [TIME] [A.M./P.M.], which is at least seven days after this Notice is given, or move out and surrender the premises by that date and time.

Payment may be made at [PLACE_AND_METHOD]. If the rent is paid in full by the deadline, the tenancy does not terminate on this ground. If you neither pay in full nor move out by the deadline, the Landlord may file an eviction case.

B. Ten-day curable material noncompliance — AS 34.03.220(a)(2); CIV-727

☐ Selected

You materially breached [RENTAL_AGREEMENT_PROVISION / AS 34.03.120 DUTY] as follows:

[SPECIFIC_ACTS_OR_OMISSIONS, DATES, LOCATIONS, AND_WITNESSES]

You can remedy the breach by:

[SPECIFIC_CORRECTIVE_ACTION]

The corrective action must be completed by [DATE] at [TIME] [A.M./P.M.], which is at least ten days after service of this Notice. The tenancy will terminate at that date and time if the breach is not adequately remedied. If the breach is adequately remedied by the deadline, the tenancy will not terminate on this notice.

C. Repeat of substantially the same noncompliance within six months — AS 34.03.220(a)(2); CIV-727

☐ Selected

The prior notice was served on [DATE] and described this noncompliance: [PRIOR_BREACH]. A copy and proof of service are [ATTACHED / IDENTIFIED_AS].

In the absence of due care, substantially the same act or omission recurred on [DATE] as follows:

[SPECIFIC_CURRENT_FACTS]

The tenancy terminates on [DATE] at [TIME] [A.M./P.M.], at least five days after service of this Notice. You must move out and surrender the premises by that date and time.

D. Deliberate substantial damage — AS 34.03.220(a)(1); CIV-728

☐ Selected

You or a person under your control deliberately inflicted the following damage:

[PROPERTY, ACT, DATE, AND_EVIDENCE]

The loss, destruction, or defacement attributable to the deliberate conduct exceeds $400 because: [ITEMIZED_FACTS_AND_AMOUNT].

The tenancy terminates on [DATE] at [TIME] [A.M./P.M.], a date and time not less than 24 hours and not more than five days after service. You must move out and surrender the premises by that deadline.

E. Specified illegal activity — AS 34.03.220(a)(1) and AS 34.03.120(b); CIV-729

☐ Selected

You knowingly engaged in, or knowingly permitted others at the premises to engage in, this activity prohibited by AS 34.03.120(b):

☐ Prostitution or illegal activity involving a place of prostitution

☐ Illegal activity involving alcoholic beverages

☐ Illegal activity involving gambling or promoting gambling

☐ Illegal activity involving a controlled substance

☐ Illegal activity involving an imitation controlled substance

Specific facts, dates, and evidence:

[FACTS]

The tenancy terminates on [DATE] at [TIME] [A.M./P.M.], a date and time not less than 24 hours and not more than five days after service. You must move out and surrender the premises by that deadline.

F. Utility discontinuance caused by tenant nonpayment — AS 34.03.220(e); CIV-726

☐ Selected

[ELECTRICITY / NATURAL_GAS / WATER] service supplied by [UTILITY] was discontinued on [DATE] because you failed to pay the utility.

The tenancy will terminate five days after service of this Notice, on [DATE] at [TIME] [A.M./P.M.], unless within three days after service you:

1. reinstate the discontinued service;
2. repay the Landlord $[AMOUNT] paid to reinstate service; and
3. satisfy the statutory condition that no damage occurred to the rental unit from the discontinuance.

Three-day cure deadline: [DATE_AND_TIME]

Five-day termination / move-out deadline: [DATE_AND_TIME]

☐ This is instead a repeat utility noncompliance within six months, in the absence of due care. AS 34.03.220(e) permits termination on at least three days' written notice; current CIV-726 uses a five-day move-out period for its repeat-notice option. This Notice uses the later deadline of [DATE_AND_TIME] after counsel's review.

G. Week-to-week termination — AS 34.03.290(a)

☐ Selected

While rent is current, the week-to-week tenancy terminates on [DATE] at [TIME] [A.M./P.M.], at least 14 days after this written Notice is given. You must move out and surrender the premises by that date and time.

H. Month-to-month termination — AS 34.03.290(b)

☐ Selected

The month-to-month tenancy terminates on the rental due date of [DATE] at [TIME] [A.M./P.M.]. This written Notice is given at least 30 days before that rental due date. You must move out and surrender the premises by that date and time.

4. REQUIRED NOTICE-TO-QUIT CONTENT

This Notice:

1. states the nature of the breach, violation, or other reason for termination;
2. if correction is permitted, states the remedial action and the date and time by which it must be completed;
3. states the date and time the tenancy will terminate;
4. directs each recipient to quit the premises no later than that termination date and time; and
5. gives notice that, if the tenancy terminates and the recipient continues to occupy the premises, the Landlord may commence a civil action to remove the recipient and recover possession.

NOTICE: If the selected ground is not timely cured where cure is permitted, and you do not move out by the stated termination date and time, the Landlord may commence a forcible entry and detainer action in the appropriate Alaska trial court. Only the court process and an enforceable writ authorize involuntary physical removal.

5. SERVICE OF NOTICE

AS 09.45.100(c) permits a notice to quit to be served by:

☐ Delivery to the recipient. On [DATE] at [TIME], [SERVER] personally delivered the Notice to [RECIPIENT] at [LOCATION].

☐ Leaving it at the premises in case of absence. On [DATE] at [TIME], [SERVER] attempted delivery, found the recipient absent, and securely left the Notice at the premises by [DESCRIBE_LOCATION_AND_METHOD].

☐ Registered or certified mail. On [DATE], [SERVER] sent the Notice by [REGISTERED / CERTIFIED] mail to [ADDRESS], tracking number [NUMBER]. Return receipt: [ATTACHED / PENDING].

Mailed-notice computation: Under AS 09.45.090(c), when the required written notice is provided by mail, three days are added to the statutory period used to determine when the recipient unlawfully holds by force. The Alaska Court System eviction booklet instructs landlords to give the tenant those three additional days to correct the problem. The dates in this Notice [DO / DO_NOT] include those additional days.

6. RECORD OF SERVICE

I certify that the service information in section 5 is true and complete.

Date: [DATE]

__________________________________

[SERVER_NAME]

[LANDLORD / PROPERTY_MANAGER / OTHER]

Address: [ADDRESS]

Telephone: [PHONE]

Email: [EMAIL]

7. OWNER OR AUTHORIZED AGENT

__________________________________

[NAME]

[OWNER / AUTHORIZED_AGENT_TITLE]

Date: [DATE]

8. PRACTICE NOTES

1. Nonpayment is section 34.03.220(b), not section 34.03.230. Demand rent only on CIV-725; the court form says late fees and interest are not part of the eviction cure amount.

2. Damage and illegal-activity notices use a range. Section 34.03.220(a)(1) requires a termination date not less than 24 hours and not more than five days after service. It does not create separate fixed 24-hour and five-day grounds.

3. Repeat material breach is subsection (a)(2). It requires substantially the same act or omission, recurrence within six months after prior notice, and absence of due care.

4. Utility notice has a cure path. Subsection (e) applies only when electricity, natural gas, or water is actually discontinued due to tenant nonpayment. The tenant generally has three days to reinstate service, reimburse qualifying landlord-paid amounts, and avoid unit damage before the five-day termination.

5. Notice contents are statutory. Section 09.45.105 requires the reason, cure details where applicable, termination date and time, direction to quit, and warning of a possession action.

6. Service is narrow. Section 09.45.100(c) authorizes delivery, leaving the notice at the premises in case of absence, or registered or certified mail. “Suitable age and discretion,” ordinary email, and unrestricted posting are not stated methods.

7. Acceptance can waive termination. Under AS 34.03.240, acceptance of rent with knowledge of the default, or acceptance of varying performance, can waive termination for that breach unless otherwise agreed after the breach occurred. Generic advance “reservation of rights” wording is not a substitute for claim-specific advice.

8. Security deposits are separate. Section 34.03.070(g) uses different 14-day and 30-day refund/accounting routes depending on compliant notice, surrender, and deductions. Do not insert one unconditional deadline into the notice to quit.

9. Retaliation has statutory exceptions, not a six-month presumption in section 34.03.310. Review subsections (a)-(d) and the facts before using a no-cause or breach notice.

10. Forum depends on the case. The Alaska Court System booklet directs filing in the judicial district where the property is located and explains the district/superior-court allocation. Do not label every eviction exclusively a district-court case.

11. Court forms and federal overlay. Check CIV-731 and current court guidance for any federal 30-day notice requirement before filing an eviction complaint.

9. OFFICIAL SOURCES

• AS 09.45.090 — Unlawful holding by force
• AS 09.45.100 — Notice to quit
• AS 09.45.105 — Content of notice to quit
• AS 34.03.070 — Security deposits and prepaid rent
• AS 34.03.120 — Tenant obligations
• AS 34.03.210 — Unlawful ouster, exclusion, or diminution of service
• AS 34.03.220 — Tenant noncompliance and failure to pay rent
• AS 34.03.240 — Waiver of landlord's right to terminate
• AS 34.03.290 — Periodic tenancy and holdover
• AS 34.03.310 — Retaliatory conduct
• Alaska Court System CIV-725 — Nonpayment of rent
• Alaska Court System CIV-726 — Nonpayment of utilities
• Alaska Court System CIV-727 — Rental-agreement violation
• Alaska Court System CIV-728 — Intentional damage
• Alaska Court System CIV-729 — Illegal activity
• Alaska Court System CIV-720 — Eviction booklet