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) (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)(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 cure deadline, calculated under Alaska Civil Rule 6(a), is [__/__/____]. If service is by registered or certified mail under AS 09.45.100, three additional days are added under AS 09.45.090(c), making the deadline [__/__/____].

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 [__/__/____], 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 (e), 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 34.03.290 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 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);

☐ After attempting personal delivery, knocking, receiving no answer, and believing Tenant absent, securely posting the Notice on the front door of the Premises; or

☐ Registered or certified mail, return receipt requested (AS 09.45.100) — in which case three additional days are added under AS 09.45.090(c).

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. 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. 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 — 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 — 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 34.03.225 — 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; 3-day mail extension under Rule 6(c)
• 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