Alaska Notice to Cure or Quit (10-Day / 24-Hour)

NOTICE TO CURE OR QUIT — ALASKA

TABLE OF CONTENTS

1. Caption / Notice Heading
2. Tenant and Premises Identification
3. Statutory Basis Selection
4. Description of Breach
5. Demand to Cure or Quit
6. Consequences of Non-Cure
7. Tenant Rights Notice
8. Service of Notice
9. Landlord Signature
10. Certificate / Proof of Service
11. Alaska Practice Notes
12. Sources and References

1. CAPTION / NOTICE HEADING

STATE OF ALASKA

NOTICE TO CURE OR QUIT

(Pursuant to AS 34.03.220(a) — Alaska Uniform Residential Landlord and Tenant Act)

2. TENANT AND PREMISES IDENTIFICATION

TO: [TENANT NAME(S)], and all other persons in possession of the rental unit located at:

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

The Premises are subject to a written / oral rental agreement dated [__/__/____] (the "Rental Agreement") between Landlord and Tenant.

3. STATUTORY BASIS SELECTION

This Notice is given on the following statutory basis (CHECK ONLY ONE):

☐ AS 34.03.220(a)(2) — Material Noncompliance / 10-Day Curable Notice. A material breach of the Rental Agreement, or noncompliance with AS 34.03.120 materially affecting health and safety, other than deliberate substantial damage or the utility-service circumstance in subsection (e).

☐ AS 34.03.220(a)(1) — Deliberate Damage or Listed Illegal Activity / 24-Hour to 5-Day Notice. Tenant or a person under Tenant's control has deliberately inflicted more than $400 in property damage, or Tenant engaged in or permitted activity prohibited by AS 34.03.120(b).

☐ AS 34.03.220(e) — Utility Discontinuance / 5-Day Notice with 3-Day Cure. A public utility (electricity, natural gas, or water) has discontinued service because Tenant failed to pay for it.

4. DESCRIPTION OF BREACH

YOU ARE HEREBY NOTIFIED that you are in breach of the Rental Agreement and/or AS 34.03.120 in the following specific manner(s):

Date(s) of breach: [__/__/____] through [__/__/____]

Specific facts:

[DETAILED FACTUAL DESCRIPTION — what was done or not done, where, when, by whom, and citation to lease paragraph or statute violated.]

Lease provision violated (if applicable):

Paragraph [____] of the Rental Agreement, providing: "[QUOTE]"

Statutory provision violated (if applicable):

☐ AS 34.03.120(a)(1) (keep occupied premises clean and safe)
☐ AS 34.03.120(a)(2) (dispose of ashes, rubbish, garbage, and other waste cleanly and safely)
☐ AS 34.03.120(a)(3) (keep plumbing fixtures as clean as their condition permits)
☐ AS 34.03.120(a)(4) (use plumbing, electrical, sanitary fixtures reasonably)
☐ AS 34.03.120(a)(5) (not deliberately or negligently destroy, deface, damage, impair, or remove)
☐ AS 34.03.120(a)(6) (conduct that disturbs neighbors' peaceful enjoyment)
☐ AS 34.03.120(a)(7) (maintain smoke and carbon monoxide detection devices as required by AS 18.70.095)
☐ AS 34.03.120(a)(8) (change locks only as permitted by this paragraph)
☐ AS 34.03.120(a)(9) (avoid unreasonable conduct resulting in a fee under an AS 29.35.125 ordinance)
☐ AS 34.03.120(a)(10) (comply with occupancy limits imposed by law, a covenant limiting the landlord's use, or the rental agreement)
☐ AS 34.03.120(b) (illegal activity / prostitution)

5. DEMAND TO CURE OR QUIT

[SELECT ONE — STRIKE OR DELETE THE INAPPLICABLE SUBSECTIONS]

5.A. 10-DAY CURABLE NOTICE — AS 34.03.220(a)(2)

YOU ARE DEMANDED to CURE the breach described in Section 4 within TEN (10) DAYS after service of this Notice, OR to vacate and surrender possession of the Premises within that same period.

To cure, Tenant must take the following actions:

[SPECIFIC CORRECTIVE ACTIONS REQUIRED — e.g., remove unauthorized occupant by [DATE]; pay damages of $[AMOUNT]; remove/repair [ITEM]; cease conduct.]

The statutory cure / termination date and time are [__/__/____] at [__:__ a.m./p.m.]. If the notice is mailed, separately calculate the earliest FED filing date: AS 09.45.090(c) adds three days to the subsection (a) or (b) period to determine when possession becomes an unlawful holding by force. Do not use that FED calculation to shorten the cure or termination period in AS 34.03.220.

If Tenant timely and adequately cures, the Rental Agreement does NOT terminate.

5.B. 24-HOUR TO 5-DAY NOTICE — AS 34.03.220(a)(1)

YOU ARE NOTIFIED that the Rental Agreement shall TERMINATE on [__/__/____] at [__:__ a.m./p.m.], which is not less than 24 hours and not more than five (5) days after service of this Notice. AS 34.03.220(a)(1) does not provide the cure mechanism stated in subsection (a)(2). YOU MUST VACATE AND SURRENDER POSSESSION on or before the termination date and time stated above.

5.C. 5-DAY UTILITY NOTICE — AS 34.03.220(e)

YOU ARE NOTIFIED that the Rental Agreement shall TERMINATE FIVE (5) DAYS after service of this Notice, on [__/__/____] at [__:__ a.m./p.m.], because [utility — electricity / natural gas / water] service to the Premises has been discontinued by [UTILITY PROVIDER] due to your failure to pay for the service.

To AVOID termination, within THREE (3) DAYS of service of this Notice, Tenant must (i) reinstate the discontinued utility service AND (ii) repay Landlord any amount Landlord paid to reinstate service. If those steps are completed within three days and no damage occurred to the rental unit as a result of the discontinuance, the Rental Agreement will not terminate.

Amount Landlord has paid to reinstate (if any): $[__________].

6. CONSEQUENCES OF NON-CURE

If the breach is NOT timely cured (where curable) or possession is NOT timely surrendered:

6.1. The Rental Agreement shall TERMINATE pursuant to AS 34.03.220(a) or (e), as applicable;

6.2. Landlord may bring an action for Forcible Entry and Detainer ("FED") in the Alaska District Court if the value of rent arrears and property damage does not exceed $100,000, or in Superior Court if that value exceeds $100,000, under AS 09.45.070 et seq., AS 22.15.030(a)(6), and Alaska Civil Rule 85;

6.3. Landlord may seek a judgment for possession, accrued rent, legally recoverable damages, late fees authorized in writing, court costs, and attorney fees if awarded under Alaska Civil Rule 82; AS 34.03.040(a)(4) prohibits a lease term requiring the tenant to pay the landlord's attorney fees;

6.4. The eviction hearing in an FED action will be set no more than fifteen (15) days after filing of the complaint unless the court orders otherwise, under Alaska Civil Rule 85(a)(2); and

6.5. If judgment is entered for Landlord, Landlord may request a judgment for possession and a writ of assistance. AS 09.45.110 governs when the possession action may be brought.

7. TENANT RIGHTS NOTICE

7.1. Right to Cure (10-day notices only). Tenant may avoid termination by adequately curing within the cure period.

7.2. Right Against Self-Help. Under AS 34.03.210, a tenant unlawfully removed or excluded from the premises, or whose essential services the landlord willfully interrupts, may recover possession or terminate the rental agreement and recover an amount not exceeding one and one-half times actual damages.

7.3. Right Against Retaliation. AS 34.03.310 prohibits Landlord from retaliating against Tenant for asserting URLTA rights, complaining of habitability problems to Landlord or a code agency, or organizing/participating in a tenant union. Retaliation is a complete defense in an action for possession.

7.4. Habitability Defense. Under AS 34.03.100, Landlord must maintain the Premises in fit and habitable condition. Tenant may have defenses or counterclaims for noncompliance; AS 34.03.180 permits a deduction of actual and reasonable costs of procuring essential services only when its written-notice and other conditions are met. Consult counsel before withholding rent.

7.5. Discrimination. Eviction or lease enforcement based on race, religion, color, national origin, sex, marital status, change in marital status, pregnancy, parenthood, or physical or mental disability violates AS 18.80.240 and the federal Fair Housing Act, 42 U.S.C. § 3601 et seq. The Municipality of Anchorage extends additional protections under AMC Title 5.

7.6. Right to Legal Help. Alaska Legal Services Corporation: 1-888-478-2572. Alaska Court System Self-Help Center: 1-866-279-0928. Alaska 2-1-1.

8. SERVICE OF NOTICE

Service of this Notice shall be made consistent with AS 09.45.100 (notice to quit before FED) by one of the following methods:

☐ Personal delivery to Tenant (AS 09.45.100);

☐ Left at the Premises in the tenant's absence (document the location, date, time, and facts showing absence); or

☐ Registered or certified mail (AS 09.45.100(c)(3)); separately apply AS 09.45.090(c) to determine the earliest date of unlawful holding for an FED action.

9. LANDLORD SIGNATURE

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

[LANDLORD'S FULL LEGAL NAME], Landlord
By: [________________________________]
Print Name: [________________________________]
Title (if agent): [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

10. CERTIFICATE / PROOF OF SERVICE

I, [NAME OF SERVER], declare under penalty of perjury under the laws of the State of Alaska that on [__/__/____] at approximately [__:__ a.m./p.m.], I served the foregoing Notice to Cure or Quit on [TENANT NAME(S)] by:

☐ Personal delivery at: [ADDRESS]

☐ Left at the Premises in the tenant's absence at [LOCATION] (photograph / witness / other proof: [________________________________]);

☐ Registered/certified mail, tracking no. [__________].

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

Signature: [________________________________]
Print Name: [________________________________]

11. ALASKA PRACTICE NOTES

11.1. Specificity is required. AS 09.45.105 requires the notice to state the breach or other reason, any available remedial action and deadline, the termination date and time, a direction to quit, and notice of a possible possession action. Identify concrete dates and conduct.

11.2. Repeat conduct. Under AS 34.03.220(a)(2), if, in the absence of due care by the tenant, substantially the same act or omission recurs within six months after prior noncompliance notice, the landlord may terminate on at least five days' written notice. Reference the prior notice and facts showing recurrence.

11.3. Deliberate substantial damage. AS 34.03.220(a)(1) defines substantial damage as attributable loss, destruction, or defacement exceeding $400. Document facts supporting deliberate conduct and the amount; ordinary negligent damage does not fit this ground.

11.4. Listed illegal activity under (a)(1). AS 34.03.120(b) specifies prostitution and illegal activity involving prostitution, alcohol, gambling, controlled substances, or imitation controlled substances. Do not broaden the state-law ground beyond the current text.

11.5. Utility-shutoff notice. AS 34.03.220(e) is triggered only when electricity, natural gas, or water is actually discontinued due to tenant nonpayment. Cure requires reinstatement within three days, repayment of landlord-paid reinstatement amounts, and no unit damage from the discontinuance.

11.6. Other protections. Current AS 34.03.290 has subsections (a)–(c) only and does not contain the domestic-violence early-termination right formerly stated here. Check federal subsidized-housing protections, the lease, protective orders, and local law where relevant.

11.7. Mobile-home parks. AS 34.03.225 permits termination only for listed grounds and imposes special rules, including at least 270 days for a change in land use. Customize the notice to that section.

11.8. Subsidized tenancies. HUD HAP, public housing, LIHTC, and rural-development tenancies have additional federal notice and grounds-for-termination requirements. State-law cure notices may need to be supplemented.

11.9. Hearing scheduling. Alaska Civil Rule 85(a)(2) measures the ordinary 15-day eviction-hearing setting from filing of the complaint, unless the court orders otherwise. Confirm the hearing date and service deadline with the court clerk.

12. SOURCES AND REFERENCES

• AS 34.03.010 et seq. — Alaska URLTA
• AS 34.03.040 — Prohibited provisions in rental agreements
• AS 34.03.100 — Landlord obligation to maintain fit premises
• AS 34.03.120 — Tenant obligations
• AS 34.03.180 — Tenant remedies when landlord fails to supply essential services
• AS 34.03.210 — Tenant remedies for landlord's unlawful ouster (self-help bar)
• AS 34.03.220 — Noncompliance with rental agreement; failure to pay rent
• AS 34.03.290 — Periodic tenancy and holdover
• AS 34.03.310 — Retaliatory conduct prohibited
• AS 34.03.330 — Exemptions
• AS 34.03.225 — Limitations on mobile-home park terminations
• AS 09.45.060 — .160 — Forcible Entry and Detainer
• AS 09.45.100 — Notice to quit (content and methods of service)
• Alaska R. Civ. P. 6 — Time computation (AS 09.45.090(c) supplies the FED three-day mail rule)
• AS 18.80.240 — Discrimination in real-property rental
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 42 U.S.C. § 1437d(l) — Public-housing lease provisions
• Alaska R. Civ. P. 85 — FED procedure
• Alaska R. Civ. P. 82 — Attorney fees
• Alaska Court System Forms CIV-730 (complaint), CIV-720 (eviction information), CIV-735 (answer)
• Alaska Department of Law, "The Alaska Landlord & Tenant Act: What It Means to You"
• Anchorage Municipal Code Title 5