Alaska Notice to Terminate Periodic Tenancy (No-Cause)

NOTICE TO TERMINATE PERIODIC TENANCY (NO-CAUSE) — ALASKA

TABLE OF CONTENTS

1. Caption / Notice Heading
2. Tenant and Premises Identification
3. Statutory Basis
4. Notice Period Selection
5. Termination Date and Surrender
6. Pro-Rata Rent and Security Deposit
7. Consequences of Holdover
8. Tenant Rights Notice
9. Service of Notice
10. Landlord / Issuer Signature
11. Certificate / Proof of Service
12. Alaska Practice Notes
13. Sources and References

1. CAPTION / NOTICE HEADING

STATE OF ALASKA

NOTICE TO TERMINATE PERIODIC TENANCY (NO-CAUSE)

(Pursuant to AS 34.03.290 — Alaska Uniform Residential Landlord and Tenant Act)

2. TENANT AND PREMISES IDENTIFICATION

TO: [RECEIVING PARTY 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 periodic rental agreement entered on [__/__/____] (the "Rental Agreement").

Current rent due: $[__________] per [month / week], payable on the [____] day of each rental period.

3. STATUTORY BASIS

This Notice is given under AS 34.03.290 of the Alaska Uniform Residential Landlord and Tenant Act, which permits either Landlord or Tenant to terminate a periodic tenancy by written notice without cause. The required notice is:

• Month-to-month tenancy: written notice at least THIRTY (30) DAYS before the rental due date specified as the termination date (AS 34.03.290(b));
• Week-to-week tenancy: written notice at least FOURTEEN (14) DAYS before the termination date specified in the Notice (AS 34.03.290(a)).

This Notice is NOT given for cause and is NOT predicated on any breach.

4. NOTICE PERIOD SELECTION

CHECK ONE:

☐ 30-DAY MONTH-TO-MONTH NOTICE — AS 34.03.290(b). This Notice is served at least thirty (30) days before the rental due date specified below as the termination date.

☐ 14-DAY WEEK-TO-WEEK NOTICE — AS 34.03.290(a). This Notice is served at least fourteen (14) days before the termination date specified below.

Date of service: [__/__/____].
If service is by registered or certified mail under AS 09.45.100, three additional days are added under AS 09.45.090(c).

5. TERMINATION DATE AND SURRENDER

The tenancy is hereby TERMINATED on [__/__/____] at [____:____] (the "Termination Date"). For a month-to-month tenancy, this must be the rental due date specified in the notice and must provide the full statutory period.

YOU ARE NOTIFIED to vacate and surrender complete possession of the Premises to the Landlord on or before the Termination Date by:

5.1. Removing all personal property and trash from the Premises;

5.2. Returning all keys, garage remotes, mail keys, and access devices to: [ADDRESS];

5.3. Restoring the Premises to broom-clean condition consistent with normal wear and tear; and

5.4. Providing a written forwarding address for the security deposit.

6. PRO-RATA RENT AND SECURITY DEPOSIT

6.1. Pro-rata rent. Rent is due through the Termination Date in the amount of $[__________]. If Tenant has prepaid beyond the Termination Date, Landlord shall refund the unused portion within the time period prescribed by AS 34.03.070(g).

6.2. Security deposit. Pursuant to AS 34.03.070(g), Landlord shall mail an itemized written notice and refund of the security deposit and prepaid rent to Tenant's last known address within:

• FOURTEEN (14) DAYS after termination and surrender if Tenant has given proper notice complying with AS 34.03.290 and there are no deductions for damage; or
• THIRTY (30) DAYS after termination if Landlord deducts for damages caused by Tenant's noncompliance with AS 34.03.120, OR if Tenant did not give proper notice complying with AS 34.03.290.

Willful failure to comply may permit recovery of an amount not to exceed twice the actual amount withheld under AS 34.03.070(d).

6.3. Forwarding address: [__________________________] (Tenant to provide).

7. CONSEQUENCES OF HOLDOVER

If Tenant remains in possession of the Premises after the Termination Date without Landlord's written consent:

7.1. Landlord may bring an action for Forcible Entry and Detainer ("FED") in the Alaska District Court (or Superior Court if amount in controversy exceeds $100,000) under AS 09.45.070 et seq. and Alaska Civil Rule 85;

7.2. Landlord may recover possession, accrued rent and per-diem use-and-occupancy at the rental rate, court costs, and attorney fees as permitted by Alaska Civil Rule 82 and the Rental Agreement;

7.3. If Tenant's holdover is willful and not in good faith, Landlord may recover an amount NOT TO EXCEED ONE AND ONE-HALF (1.5) TIMES the actual damages under AS 34.03.290;

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

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

8. TENANT RIGHTS NOTICE

8.1. No-cause does not mean any-cause. A no-cause notice may NOT lawfully be used to retaliate or to discriminate.

8.2. Right Against Retaliation. AS 34.03.310 prohibits Landlord from terminating in retaliation for: (a) complaining of a habitability violation under AS 34.03.100; (b) seeking to enforce rights under the URLTA; (c) organizing or joining a tenant union; or (d) complaining to a governmental agency. The current statute does not create the 90-day presumption formerly stated in this template. Retaliation is a defense to possession.

8.3. Right Against Discrimination. AS 18.80.240 prohibits eviction or differential treatment based on race, religion, color, national origin, sex, marital status, change in marital status, pregnancy, parenthood, or physical or mental disability. The federal Fair Housing Act, 42 U.S.C. § 3601 et seq., adds familial status. The Municipality of Anchorage extends additional protections under AMC Title 5 (including, as amended, sexual orientation and gender identity).

8.4. Other protections. Current AS 34.03.290 has subsections (a)–(c) only and does not contain the domestic-violence early-termination right formerly attributed to nonexistent subsection (d). Check the lease and any applicable federal, subsidized-housing, protective-order, or local requirements before proceeding.

8.5. Subsidized Tenancies. A no-cause notice is generally NOT permissible for tenancies subsidized under HUD HAP (24 C.F.R. Part 982), Public Housing (24 C.F.R. § 966.4), LIHTC (good-cause requirement under IRS regs and Treasury guidance), or USDA Rural Development. "Good cause" must be stated and proved.

8.6. Right Against Self-Help. AS 34.03.210 imposes liability for actual damages or 1.5 times actual damages plus attorney fees if Landlord locks Tenant out, removes belongings, or shuts off utilities without an order of court.

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

9. SERVICE OF NOTICE

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

☐ Personal delivery to the receiving party (AS 09.45.100);

☐ After attempting personal delivery, knocking, receiving no answer, and believing the receiving party 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).

10. LANDLORD / ISSUER SIGNATURE

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

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

11. 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 Terminate Periodic Tenancy on [RECEIVING PARTY 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: [________________________________]

12. ALASKA PRACTICE NOTES

12.1. Counting the 30 days. AS 34.03.290(b) requires the notice to be given AT LEAST 30 DAYS BEFORE THE RENTAL DUE DATE specified as the termination date. Serve early enough to preserve the full period, including any mailing extension relevant to a later possession action.

12.2. Acceptance of rent post-Notice. Acceptance of full rent for a period AFTER the Termination Date may waive the Notice and create a new tenancy. If accepting rent for the partial month before Termination Date only, document in writing that acceptance does NOT waive the Notice and is a use-and-occupancy payment.

12.3. Rural Alaska / Bush. In remote communities without scheduled district court, magistrate judges may travel to hear FED actions. Service by State Trooper or licensed process server is typical; allow extra transit time.

12.4. Native land / ANCSA / BIA housing. Tenancies on Native trust land or in housing operated by an Alaska Regional Housing Authority may be subject to tribal jurisdiction and federal leasing regulations (25 C.F.R. Pt. 162). Confirm jurisdiction before serving a state-law notice.

12.5. Mobile-home park tenancies. AS 34.03.225 permits termination only on listed grounds. A change in land use requires at least 270 days' notice and a quit date from May 1 through October 15; this general no-cause form is not suitable.

12.6. Anchorage practice. AMC Title 5 (Equal Rights Code) provides additional protections that may render a "no-cause" termination unlawful where a protected characteristic is implicated. Confirm compliance.

12.7. Tenant exit. When Tenant initiates a no-cause termination, the same notice periods apply. Tenant should retain proof of service and provide a forwarding address, but AS 34.03.070(g) ties the deadline to compliant termination notice and the applicable termination/possession/abandonment trigger, not to acknowledgement of the forwarding address.

12.8. Holdover damages. AS 34.03.290 limits enhanced willful-holdover damages to "willful and not in good faith" holdovers — capped at 1.5x actual damages. Plead facts showing willfulness if seeking enhanced damages.

13. SOURCES AND REFERENCES

• AS 34.03.040 — Prohibited provisions in rental agreements
• AS 34.03.070 — Security deposits and prepaid rent (14/30-day return; 2x penalty)
• AS 34.03.100 — Landlord obligation to maintain fit premises
• AS 34.03.210 — Tenant remedies for unlawful ouster (self-help bar)
• AS 34.03.290 — Periodic tenancy and holdover (30-day / 14-day notice; willful-holdover damages 1.5x actual)
• AS 34.03.300 — Landlord and tenant remedies for abuse of access
• AS 34.03.310 — Retaliatory conduct prohibited
• AS 34.03.330 — Exemptions
• AS 34.03.225 — Limitations on mobile-home park terminations
• AS 09.45.070 — .160 — Forcible Entry and Detainer
• AS 09.45.100 — .105 — Notice to quit
• AS 18.80.240 — Discrimination in real-property rental
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 24 C.F.R. Part 982 — Section 8 Housing Choice Voucher Program
• 24 C.F.R. § 966.4 — Public-housing lease provisions
• 25 C.F.R. Part 162 — BIA leasing of Indian land
• Alaska R. Civ. P. 6 — Time computation; 3-day mail extension under Rule 6(c)
• Alaska R. Civ. P. 85 — FED procedure
• Alaska R. Civ. P. 82 — Attorney fees
• Alaska Court System Form CIV-720 (Eviction Booklet)
• Alaska Department of Law, "The Alaska Landlord & Tenant Act"
• Anchorage Municipal Code Title 5 (Equal Rights Code)