An eviction hearing is where the judge decides if you have to move out. The judge will decide who gets possession of the property, you or your Landlord.

The eviction hearing normally happens 2 to 4 days after the Landlord serves you the Complaint. It’s shorter and less formal than a trial. It may last only 15 minutes or as long as 3 hours. Learn about defenses you can bring up at the hearing. If the judge agrees with your defense, they may stop or postpone the eviction.

1. Check the court calendar the day of the hearing
   • On the day of your hearing, check the court calendar to know which courtroom to go to. Plan to arrive at the courtroom 5-10 minutes before the scheduled time. The judge may have more than one case scheduled. They will ask you to come forward when it is your turn. Learn about how to dress and act during the hearing.
   • Note: Calendars update at 7:30 am every day. Check the calendar on the day of the hearing in case the courtroom changed.
   • Note: If you need to postpone the eviction hearing and you have a good reason for it, you can ask the judge to do so by filing a Motion for Continuance.
2. Bring your documents with you
   • If you have a defense to eviction, the judge will want to see evidence. Some examples of things to bring might be:
     • copy of the rental agreement,
     • copy of the Notice to Quit you got from the Landlord,
     • other documents, like photographs, emails, letters.
   • Read below about defenses you can raise at the eviction hearing.
3. Tell your side of the story
   • The judge will ask you questions about why you think you shouldn't be evicted, including any defenses you may have. If you have witnesses, tell the judge. They will give you an opportunity to ask the witnesses questions to help prove your side of the story.
     • Witnesses. If you decide to have a witness, you must arrange for them to show up at the hearing. The judge or court staff won’t do this for you. If your hearing is not over the phone or Zoom, and the witness needs to appear by telephone, ask the judge for permission. Do this before the date of the hearing. Use Request to Appear by Telephone – TF-710. Note: If you need a witness to testify at an eviction hearing, but they don’t want to show up, you can ask the judge to order them to show up. This type of court order is called a subpoena. Read about how to subpoena a witness.

LEARN ABOUT DEFENSES:

You can bring up one or more defenses at the eviction hearing. If the judge agrees with one of your defenses, they may stop the eviction from happening or postpone the eviction hearing to another date. This can buy you more time and give you another opportunity to come to an agreement with your Landlord.

Why is the Landlord evicting you? Click on the reason below to get information about specific defenses you can raise at the eviction hearing.

• For not paying rent
• For not paying utility bills
• For violating the rental agreement
• For purposely causing more than $400 in damage to the property
• For doing something illegal on the property

Defenses to Eviction for Nonpayment of Rent

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. If the judge accepts this defense, the Landlord will have to give you a new Notice to Quit. The 7-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
    1. the amount of rent the Landlord listed on the Notice to Quit isn’t right. You owe less than what it says you owe.
       • Example: You only owe $2400 in unpaid rent, but the Notice says you owe $3600. You will need proof, like a receipt, to show the judge you only owe $2400.
    2. the Notice to Quit demands money for other things like late fees, interest, or money out of your security deposit. Not just money for unpaid rent.
       • Example: The Notice says you owe $2,700 total, but only $2500 is for unpaid rent. The other $200 is for late fees and interest.
    3. The Landlord filed the Complaint before 7-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    4. the 7-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 8 at 12 pm. The deadline should have been listed as February 9 at 12pm. The Landlord must give you 7 days to pay the rent.
• Defense #2: Your Landlord wouldn't accept your money
  • If you tried to give the Landlord the full amount of rent money you owed before the deadline in the Notice to Quit passed, but the they refused your money, this is a defense.
  • Note: If you tried to give the Landlord only part of the total amount you owe, that isn’t a defense. They can still evict you if you only tried to make a partial payment.
    • Example of full payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $1800 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check with the full $1800, but they say they won’t take it. This is a defense. If the Judge agrees, you won’t be evicted.
    • Example of part payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $3,000 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check for only $1000, part of the total $3,000 you owe. But the Landlord says they won’t take it. They don’t have to accept. This is not a defense.
• Defense #3: The Landlord accepted a part payment from you
  • If you tried to give the Landlord part of the rental money you owed before the deadline in the Notice to Quit passed, and they accepted your money, this is a defense.
  • Note: You still have to pay the full amount eventually. If you don’t, your Landlord can post another Notice to Quit and start the eviction process over again.
    • Example: The Landlord posted the Notice on your door on February 2 at 12 pm. The Notice says you owe $2400 in unpaid rent and will be evicted unless it’s paid in full by February 9 at 12 pm. You go to the Landlord on February 3 with a check for $1200 and say you will pay the rest next week. The Landlord accepts the payment.
• Defense #4: The Landlord didn't keep the property in a safe and livable condition
  • If there are big problems the Landlord didn’t fix, making the property unsafe and unlivable, this could be a defense. They must be big problems, though. Things like flooding, pest infestations, large leaks, lack of drinkable water, serious electrical or heating problems, etc.
  • You may want to argue to the judge that rent should be less than the Landlord says you owe. If the judge agrees, they will stop your eviction. The Landlord will have to give you a new Notice to Quit with the new rent amount. You can also pay the new lower rent amount.
    Note: You may want to talk to a lawyer about this. It is not a good idea to just stop paying rent or reducing the amount of rent you pay.
    • Example: You had a huge rat infestation. You told the Landlord about it, but they didn’t hire an exterminator to fix it for over two months. It was unsafe to live there, so you had to live with a friend. You normally pay $1,000 a month in rent, but you only paid $500 a month for those two months. The Landlord gave you a Notice to Quit for not paying rent. You can argue rent should be $1,000 for the two months. If the judge agrees, this is a defense.

Defenses to Eviction for Nonpayment of Utilities

• Defense: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 5-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. the 5-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.

Defenses to Eviction for Violating the Rental Agreement

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 10-day notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 10-day deadline passed. Note: If this is the second Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, the deadline only has to be 5 days.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. the 10-day deadline was not counted correctly. Note: If this is the 2nd Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, the deadline only has to be 5 days.
       • Example: The Landlord taped the Notice on your door on February 2 at 5 pm with a deadline of February 11 at 5 pm. The deadline should have been listed as February 12 at 5 pm. The Landlord must give you 10 days if they want to evict you for violating the rental agreement.
• Defense #2: Your violation was minor and didn’t affect anyone’s health or safety
  • Your Landlord must show that you violated the rental agreement in a big way. Not just a minor violation. It should be something that risks the health and safety of other tenants or visitors. If the Landlord is trying to evict you for only a minor violation, this is a defense.
    • Example: You accidentally parked in another tenant’s parking space by accident for a night. This is a minor violation. The Landlord probably can’t evict you for that.
• Defense #3: The Landlord doesn’t have evidence you violated the rental agreement
  • If the Landlord doesn’t have evidence that you violated the rental agreement, then they can’t evict you. They must have proof.
• Defense #4: The Landlord accepted your rent money even though they knew about the violation
  • If the Landlord accepted your rent money even though they knew you violated the rental agreement, this is a defense.
• Defense #5: The Landlord is trying to evict you as payback
  • The Landlord can’t evict you as payback for doing something you are allowed to do. They can’t evict you as payback for any of the following things:
    • because you asked for a copy of the rental agreement
    • because you asked them to repair something (heater, oven, air-conditioning, plumbing, other essential service, etc.)
    • because you organized or joined a union
    • because you complained to a government agency about the property

Defenses to Eviction for Purposely Damaging the Property

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 24-hours’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before the 24-hour deadline passed.
       • Example: The Notice gave you a deadline of February 3 at 12 pm, but the Complaint was filed before that time.
• Defense #2: You didn't cause the damage on purpose
  • The Landlord has to prove that you caused the damage on purpose. If you caused the damage by accident, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
    • Example: You accidentally broke a window when you were moving a shelf from your bedroom to the living room. The window will cost $600 to repair. The Landlord gave you a Notice to Quit for intentionally causing more than $400 in damage to the property. Since it was an accident, this is a defense.
• Defense #3: The amount of damage you caused wasn't more than $400 worth
  • The Landlord has to prove that you caused more than $400 in damage to the property. If the amount of damage was less than that amount, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
    • Example: You were angry about something and threw a bottle through your bedroom window. You told the Landlord and had a professional repairman come give you a quote. The professional said it would cost $325 to fix the broken window. This is a defense.

Defenses to Eviction for Doing Illegal Activity On the Property

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper and the judge can’t evict you at the eviction hearing. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 5-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. The 5-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.
• Defense #2: The Landlord is trying to evict you for the wrong type of illegal activity
  • Alaska housing law states that a Landlord can evict a Tenant for the following illegal activities:
    • prostitution,
    • alcoholic beverages,
    • gambling or promoting gambling,
    • a controlled substance,
    • imitation of a controlled substance, or
    • allowing other people to do these activities at the property.
    If the Landlord is trying to evict you for some other type of illegal activity, tell the judge at the eviction hearing. This may be a defense.
    • Example: The Landlord gave you a Notice to Quit to evict you because they claim you stole something from a local store. This type of illegal activity is not listed in Alaska housing law. This may be a defense.
• Defense #3: The illegal activity occurred off property
  • If the Landlord is trying to evict you for illegal activity that occurred off property, tell the judge at the eviction hearing. This may be a defense.
    • Example: The Landlord gives you a Notice to Quit to evict you for illegal activity. They claim you committed a crime at the local grocery store down the street. This is not an illegal activity that happened on the property. This may be a defense.

An eviction hearing is where the judge decides if your Tenant has to move out. So, the judge will decide who gets possession of the property, you or your Tenant.

The eviction hearing normally happens 2 to 4 days after the Tenant is served with the Complaint. It’s shorter and less formal than a trial. It may last only 15 minutes or as long as 3 hours.

1. Check the court calendar the day of the dearing
   • On the day of your hearing, check the court calendar to know which courtroom to go to. Plan to arrive at the courtroom 5-10 minutes before the scheduled time. The judge may have more than one case scheduled. They will ask you to come forward when it is your turn. Learn about how to dress and act during the hearing.
   • Note: Calendars update at 7:30 am every day. Check the calendar on the day of the hearing in case the courtroom changed.
2. Bring your documents with you
   • The judge will want to see evidence that you took the right legal steps to evict your Tenant. Some examples of things to bring might be:
     • copy of the rental agreement,
     • green card or Proof of Service form to show you served the Complaint by certified mail or through a process server (see Step 5),
     • copy of the Notice to Quit you gave the Tenant,
     • other documents, like photographs, emails, letters.
3. Tell your side of the story
   • The judge will ask you questions about why you are evicting the Tenant. If you have witnesses, tell the judge. They will give you an opportunity to ask the witnesses questions to help prove your side of the story.
     • Witnesses. If you decide to have a witness, you must arrange for them to show up at the hearing. The judge or court staff won’t do this for you. If your hearing is not over the phone or Zoom, and the witness needs to appear by telephone, ask the judge for permission. Do this before the date of the hearing. Use Request to Appear by Telephone – TF-710. Note: If you need a witness to testify at an eviction hearing, but they don’t want to show up, you can ask the judge to order them to show up. This type of court order is called a subpoena. Read about how to subpoena a witness.