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)(1) — Material Noncompliance / 10-Day Curable Notice. A breach of the Rental Agreement or of AS 34.03.120 that materially affects health and safety, that is reasonably remediable by the payment of damages, repairs, or other action.

☐ AS 34.03.220(a)(2) — Deliberate Damage or Illegal Activity / 24-Hour to 5-Day Non-Curable Notice. Tenant or a person under Tenant's control has (i) deliberately inflicted substantial damage to the Premises in breach of AS 34.03.120(a)(5), OR (ii) engaged in or permitted prostitution or other illegal activity at the Premises in breach of AS 34.03.120(b).

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

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) (compliance with applicable building/housing codes)
☐ AS 34.03.120(a)(2) (keep premises clean and safe)
☐ AS 34.03.120(a)(3) (dispose of rubbish properly)
☐ 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) (occupants other than authorized)
☐ 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)(1)

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 cure deadline, calculated under AS 34.03.040, is [__/__/____]. If service is by registered or certified mail, three (3) additional days are added, making the deadline [__/__/____].

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

5.B. 24-HOUR TO 5-DAY NON-CURABLE NOTICE — AS 34.03.220(a)(2)

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. The conduct described in Section 4 is NOT subject to cure pursuant to AS 34.03.220(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(c)

YOU ARE NOTIFIED that the Rental Agreement shall TERMINATE FIVE (5) DAYS after service of this Notice, on [__/__/____], 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, AND (iii) confirm that no damage to the Premises has occurred from the discontinuance. If all three conditions are satisfied within three (3) days, 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 (c), as applicable;

6.2. Landlord shall be entitled to bring an action for Forcible Entry and Detainer ("FED") in the Alaska District Court (or Superior Court for amounts > $100,000) under AS 09.45.070 et seq. and Alaska Civil Rule 85;

6.3. Landlord may seek a judgment for possession, accrued rent, damages (including, where applicable, up to one and one-half times actual damages under AS 34.03.300 for willful holdover), late fees authorized in writing, court costs, and attorney fees as permitted by AS 34.03.030 and Alaska Civil Rule 82;

6.4. Trial in the FED action will be set within fifteen (15) days of service of summons under Alaska Civil Rule 85; and

6.5. If judgment is entered for Landlord, the court will issue an Order to Vacate and, upon request, a writ of assistance to a peace officer pursuant to AS 09.45.110.

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. AS 34.03.210 prohibits Landlord from changing locks, removing belongings, shutting off utilities, or otherwise ousting Tenant without an order of court. Self-help eviction entitles Tenant to actual damages or 1.5 times actual damages plus attorney fees.

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, repair-and-deduct rights (AS 34.03.180), or counterclaims if Landlord has failed to maintain. 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 by one or more of the following methods:

☐ Personal delivery to Tenant;

☐ Delivery to a person of suitable age and discretion at the Premises and mailing first-class to Tenant;

☐ Posting in a conspicuous place at the Premises AND mailing first-class to Tenant; or

☐ Registered or certified mail, return receipt requested (in which case three (3) additional days are added under AS 34.03.040(b)).

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]

☐ Substituted service on [NAME / RELATIONSHIP — AGE 14+] at the Premises and mailing first-class;

☐ Posting on the front door (photograph attached) and mailing first-class to [ADDRESS];

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

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

Signature: [________________________________]
Print Name: [________________________________]

11. ALASKA PRACTICE NOTES

11.1. Specificity is required. The notice must identify the breach with enough particularity to allow cure. A bare citation to a lease paragraph is insufficient. Identify dates, conduct, witnesses, and prior warnings.

11.2. Repeat conduct. AS 34.03.220(a)(1) provides that if substantially the same act or omission that constituted a prior noncompliance occurs within six (6) months of the prior notice, Landlord may terminate without affording another opportunity to cure. Reference the prior notice in Section 4 if relying on this provision.

11.3. Definition of "deliberate." "Deliberate" damage under AS 34.03.220(a)(2) requires intent or recklessness. Negligent damage is recoverable in damages but does not justify a 24-hour notice. Document the intent (e.g., punching holes in walls, breaking fixtures).

11.4. "Illegal activity" under (a)(2). Engaging in OR permitting prostitution or other illegal activity at the premises is the only conduct identified by statute. Federal HUD regulations may permit broader "drug-related criminal activity" termination for subsidized tenancies under 42 U.S.C. § 1437d(l).

11.5. Utility-shutoff notice. AS 34.03.220(c) is triggered ONLY when the utility actually disconnects service due to tenant nonpayment. If Landlord has paid the utility to keep service active, document that payment as a precondition to recovery.

11.6. Family violence / DV protections. AS 34.03.290(c)–(d) and AS 34.03.310(c) provide that a tenant who is a victim of domestic violence may terminate the tenancy on 30 days' notice and may not be evicted because of incidents of domestic violence directed at the tenant. Confirm whether the conduct cited may trigger DV protections.

11.7. Mobile-home parks. This Notice does NOT apply to mobile-home park tenancies (AS 34.03A); use a separate notice consistent with AS 34.03A.270.

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. Anchorage / Fairbanks practice. Eviction calendars in the Anchorage District Court (Boney Courthouse) and Fairbanks District Court are typically set within 15 days of summons. Confirm local scheduling orders before service.

12. SOURCES AND REFERENCES

• AS 34.03.010 et seq. — Alaska URLTA
• AS 34.03.040 — Notice and time computation
• AS 34.03.100 — Landlord obligation to maintain fit premises
• AS 34.03.120 — Tenant obligations
• AS 34.03.180 — Repair and deduct
• 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 (and DV provisions)
• AS 34.03.310 — Retaliatory conduct prohibited
• AS 34.03.330 — Exemptions
• AS 34.03A — Mobile Home Park Landlord and Tenant Act
• AS 09.45.060 — .160 — Forcible Entry and Detainer
• 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 Form CIV-730, CIV-720, CIV-735
• Alaska Department of Law, "The Alaska Landlord & Tenant Act: What It Means to You"
• Anchorage Municipal Code Title 5