Eviction cases go through the following steps:

1. You give the Tenant a Notice to Quit
   • Before you can start a court case to evict your Tenant, you must give them a written document called a Notice to Quit. The Notice to Quit must include a valid reason why you are evicting the Tenant. It must also include a deadline for them to move out or fix the problem. Valid reasons to evict a Tenant include not paying rent or utilities, violating the rental agreement, purposely damaging the property or doing certain illegal activities on the property. Note: you can't evict a Tenant from a mobile home park space for not paying utilities or purposely causing damage to the property.
2. You wait for the deadline requirement to pass
   • After you give the Tenant a Notice to Quit, you must give the Tenant a certain amount of time to move out or fix the problem before you can start a case. The amount of time you must give depends on the reason you want to evict the Tenant. The table below shows how many days you must give the Tenant for each reason. The Tenant must move out or, if possible, fix the problem by the time the deadline passes. Note: You must give the Tenant three extra days if the you mail the Notice to Quit.

   • Reason for Eviction	Time Tenant Gets to Move Out / Fix	Time Tenant Gets if Notice is Mailed
     Not paying rent	At least 7 days	At least 10 days
     Not paying utilities	At least 5 days*	At least 8 days
     Violating rental agreement	At least 10 days**	At least 13 days
     Doing illegal activity on property	At least 5 days	At least 8 days
     Purposely causing damage	At least 24 hours	At least 4 days
     Change in use of land (moblie home park only)	At least 270 days	At least 273 days

   • *If this is the second Notice to Quit for not paying utilities you've given the Tenant in the past 6 months, you only need to give them 3 days and they can't fix the problem.
   • **If this is If this is the second Notice to Quit for violating the rental agreement you’ve given the Tenant in the past 6 months, you only need to give them 5 days and they can’t fix.
3. You start a court case by filing a Complaint
   • If the Tenant doesn’t fix the problem or move out by the deadline in the Notice to Quit, you may start a court case to evict them. You start a case by filing a Complaint at the local court and giving the Tenant a copy.
4. You give (serve) the Tenant a copy of the Complaint
   • You must give the Tenant a copy of the Complaint and other documents you filed. You do this by sending them a copy through certified mail/restricted delivery/return receipt or by hiring a Process Server. This is called "service."
5. The court holds an eviction hearing
   • The court holds a hearing within 15 days of when you file the case, but no sooner than 2 days after the Tenant is served the Complaint. This is sometimes called an eviction hearing. At this hearing, a judge decides if the Tenant has to move.
6. The Tenant has 20 days to respond to the Complaint
   • The Tenant must respond to your Complaint by filing a document called an Answer within 20 days. If they don’t respond within 20 days of when you served the Complaint, you can ask the judge to decide the case without a trial, called a default judgment.
7. The court holds a damages trial or there's a default judgment
   • Damages Trial: If the Tenant does file an Answer within 20 days of when you served the Complaint, there will be a damages trial. It is sometimes called the “damages hearing.” At the damages trial, the judge decides how much money each of you owes the other.
   • Default Judgment: If the Tenant doesn’t file an Answer within 20 days of when you served the Complaint, you can ask the judge to decide the case without a trial. This is called a default judgment. Because the Tenant didn’t tell the judge they disagree with your Complaint, it’s possible the judge will give you what you asked for.

It may be better to reach an agreement with your Tenant than go to court and have a judge decide the case. If you talk to your Tenant before you give them a Notice to Quit (see Step 3) or before you file a case (see Step 5), you may figure out how to fix the issues on your own. This can save you time and money. It may also help you avoid a bad outcome at the eviction hearing or at the damages trial. For example, if you lose at the damages trial, the judge may order you to pay all of the Tenant’s legal fees or other money damages.

Additionally, many Tenants receive financial aid to pay for rent or utilities. If they get an eviction on their record, they could lose their eligibility to receive aid in the future. This may lead to homelessness.

Here are some ideas that may help you come to an agreement with your Tenant:

1. If your Tenant is having trouble paying rent or utilities:
   • you could help them create a repayment plan that you both agree on
   • you could allow them to make a part payment with a promise to pay the full amount by a specific date
   • you could help them find financial assistance
     • Note: If a Tenant needs help paying rent, you can help them contact Alaska 2-1-1 by dialing 2-1-1 or 1-800-478-2221. They might be able to help find a rental aid program. You can also check out these resources on Alaska Legal Corporation's webpage.
   • you could ask them to move out in exchange for not filing a case against them
2. If your Tenant is violating the rental agreement:
   • you could talk to them to make sure they know how exactly they are violating the rental agreement and how they can stop
   • you could ask them to move out in exchange for not filing a case against them
3. If your Tenant purposely caused more than $400 in damage to the property:
   • you could ask the Tenant to pay for the repair costs in exchange for not filing a case against them
   • you could ask the Tenant to move out in exchange for not filing a case against them
   • Note: Alaska housing law states that the Tenant must have caused the damage on purpose. If it was an accident, you won't have legal grounds to evict them for this reason.
   • Also note: the amount of damage must exceed $400. If it's less, you won't have legal grounds to evict them for this reason.
4. If your Tenant conducted illegal activity on the property:
   • you could ask the Tenant to move out in exchange for not filing a case against them
   • Note: Alaska housing law states that a Landlord can evict a Tenant for the following illegal activities: prostitution, illegal activity involving alcoholic beverages, gambling or promoting gambling, drug sale or trafficking, or allowing other people to do these activities on the property. If the Tenant did some other type of illegal activity on the property, you may not be able to evict them.

Before you can start a court case to evict your Tenant, you must give them a written document called a Notice to Quit. The type of Notice to Quit form you use depends on why you want to evict the Tenant. Click on the reason you want to evict the Tenant to get the correct form. Read more information about each of the reasons below. Note: If you have already done this and are ready to start a court case, skip to Step 4.

• I want to evict my Tenant for not paying rent | Read more about this topic
• I want to evict my Tenant for not paying utilities | Read more about this topic
• I want to evict my Tenant for violating the rental agreement | Read more about this topic
• I want to evict my Tenant purposely damaging the rental property | Read more about this topic
• I want to evict my Tenant for doing illegal activity on the property | Read more about this topic

After you fill out the correct Notice to Quit form and make 2 copies (see Step 3), you must give the Tenant the Notice to Quit in one of the following ways:

1. Have them sign the original copy,
2. Give them a copy in person by knocking on their door,
3. If they don't answer the door, tape a copy securely to their front door, or
4. If none of the above work, send it to them by registered or certified mail. This should be a last resort. If you do mail it, you must add 3 days onto the deadline. For example, if you're giving the Tenant a Notice to Quit for not paying rent, you normally have to give them 7 days to pay the rent or move out, but if you mail them the Notice to Quit you have to give them 10 days.

Note: if you haven't already, write how you gave the Tenant the Notice to Quit in the "Landlord's Record of Service" at the bottom of the original copy.

If your Tenant hasn't moved out or fixed the problem by the deadline in the Notice to Quit form (see Step 3), you can start a court case to evict them.

1. Gather the forms you need
   • Complaint (Forcible Entry & Detainer) – CIV-730
   • Summons (Forcible Entry & Detainer) – CIV-105 | Anchorage | Fairbanks | All Other Locations
   • Case Description – CIV-125D | Note: you don't need this form if you're using the court's online TrueFiling system to start your case (see below)
   • Service Instructions – CIV-615 | Note: this form is for the Process Server (see step 6)
   • Judgment for Possession – CIV-300
   • Writ of Assistance – CIV-575 | Note: a writ of assistance is needed only if the Tenant refuses to move out even after the court orders them to at the eviction hearing
2. Fill out each form
   • Complaint. On the top line, cross out "SUPERIOR" (Note: if you want to claim more than $100,000 in damages, cross out "DISTRICT"). You have to file your case in the courthouse closest to where the rental property is located. On the "AT" line, write the name of the city where that courthouse is located. See the court directory to find the nearest courthouse. On the "Plaintiff" line, fill in your name and your date of birth (DOB). On the "Defendant" line, write the name and birthday (DOB) of every Tenant you want to evict and any other adult living at the rental property. Don't fill in the "CASE NO." line on the form. The court clerk will fill that in when you file (see below). Fill in all the blanks. Attach the original copy of the Notice to Quit you gave the Tenant (see Step 3)
   • Summons. Fill out a separate summons for each person you listed as a Defendant in your Complaint. Fill in the top the same way you filled in the Complaint. Fill in all the blanks, except the date, time, and location of the hearing. The court clerk will fill that information in.
   • Case Description. Check the box that says "Eviction" under Landlord/Tenant. Note: if you're using the court's online TrueFiling system to file your case, you will not use this form (see below).
   • Service Instructions. Fill in all the blanks. In the section that asks you to "list all the documents to be served," write "F.E.D. Summons and Complaint." Write as much information as you can about how to find each Defendant you named in the Complaint. This form is for the Process Server (see Step 6).
   • Judgment for Possession. Fill in the description and location of the property. Leave the rest blank. The clerk will fill in the rest of the form if the judge rules in your favor at the eviction hearing.
   • Writ of Assistance. Fill in the description and location of the property. The clerk will fill in the rest of the form if a writ of assistance is needed to remove the Tenant from the property.
3. Make 2 copies of each form
   • Make two copies of each form you filled out. 1 copy of each form for your own records. 1 copy to serve on the Tenant (see Step 6). You will file the original copies at your local court or electronically (see below).
4. File the original forms at your local court in one of the following ways:
   • File In-Person. Find the closest Alaska courthouse to the rental unit. Go to that court location and file your forms. Pay the $150 fee.
   • File by Mail. Use 1st class Mail. Include: (1) all the forms you filled out, signed and notarized where needed, (2) the $150 filing fee, and (3) a self-addressed stamped envelope so the court can mail you the Summons after they open your case.
   • File Electronically (only some locations). Find out if you can file electronically from your location. If you can, register for TrueFiling, the court's electronic filing software. Once you've registered, do the following:
     • Accept the user agreement
     • Click on "File" on the column to the left
     • Under "Court" choose "AK Trial Courts"
     • Under "Action" choose "Initiate a new case"
     • Under "Case Type" choose the one with "Civil, Evictions..." listed
     • Under "Filing Location" select the city where the rental unit is located
     • Under "Case Type" choose "Eviction District Court"
     • Under "Case Sub-Type" choose "Eviction"
     • Select "No" you aren't an attorney
     • Under "Primary Party" put your information (Landlord)
     • Under "Secondary Party" put each Tenant's information
     • Upload the original forms you filled out
     • Pay the filing fee

After you file your case (see Step 4) you must send the Tenant a copy of all the forms you filed along with the Summons the clerk completed. The Summons should have the date and time of the eviction hearing. This process of sending a copy of the forms to the Tenant is called "service." The law requires you to do this. The Tenant has a right to know about legal claims made against them.

Note: you can't serve the Tenant by hand-delivery or first-class mail.

There are only two ways to serve the Tenant:

1. Serve the Tenant by Certified Mail. This is the cheapest way to serve your Tenant. Make sure you pay for restricted delivery and return receipt so that only the Tenant can sign for it. A green card should get sent back telling you when the Tenant got the documents. You must save the green card to show the judge you served the Tenant.
   • Go to the Post Office and say you want to send by certified mail, with restricted delivery, and return receipt requested.
   • Put enough stamps on the envelope!
   • Read how to prepare the envelope and postal forms to serve by certified mail.
2. Serve the Tenant by hiring a Process Server. This is the more expensive way to serve your Tenant. Around $65. But if the Tenant refuses to sign for certified mail, it could be the better option.
   • Choose an authorized Process Server
   • Pay for their services
   • Give them a copy of the Service Instructions form you filled out. After they serve the Tenant, they will give you the form back.
   • Save the Proof of Service or Return of Service form to show the judge
   • Read how to serve with a Process Server

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 6),
     • 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.

If the Tenant responded to your Complaint and claimed you owe them money, they filed a counterclaim against you. You must reply and tell the judge if you agree with the counterclaim. You have 20 days from the date and time the Tenant’s Answer was served to file your reply.

To reply, you can do the following:

1. Fill out this form
   • Answer to Counterclaim, CIV-482
     • Note: write how you will serve the Tenant in the Certificate of Service section. You can serve them by first class U.S. mail, hand-delivery or email (if they wrote on the Answer or other court documents they would accept service by email).
2. Make two copies
   • One copy for your own records, the other to give to the Tenant
3. Give one copy to the Tenant's attorney or to the Tenant
   • Give one copy to the Tenant’s attorney if they have one, or to the Tenant, by first class U.S. mail, hand-delivery or email (if they wrote on the Answer or other court documents they would accept service by email). This is called serving the Tenant. Read about serving.
4. File the original copy within 20 days of when the Tenant served you
   • File the original copy at the same court location where you filed your Complaint.
   • You must respond within 20 days of when the Tenant served the Answer. Count every day. If the deadline ends up due on a Friday, Saturday, Sunday, or holiday, it is due the next day the court is open. Remember, the courts close at noon Fridays.
   • If the Landlord filed the case electronically through the TrueFiling program, you can file through that program.

If the Tenant didn’t file an Answer within 20 days, you can ask the judge to decide the case without a trial. This is called a default judgment. Because the Tenant didn’t tell the judge they disagree with your Complaint, it’s possible the judge will give you what you asked for.

1. Use the default application and judgment forms
   • Eviction Default Application, Affidavit, and Entry – CIV-740
   • Default Judgment – CIV-745
2. Fill out the forms
   • Fill out the top of the form the same way the Complaint is filled out. Same court location, names, and case number.
   • Make sure the Tenant didn't file an Answer. You can check online. Click on "Search Cases" and type in the case number.
   • Make sure the Tenant isn't in the active military. If they are, you can't use these forms. You should talk to an attorney.
   • Calculate the amount of money the Tenant owes you. You must attach documentation as proof.
     • Unpaid rent. If you claim money for unpaid rent, list the amount owed for each month. Attach a copy of the rental agreement and record of payments. Example: $400 a month for June and July = $800.
     • Property damage. If you claim money for property damage, list what the damages are. Example: $100 to replace window screens + $90 for cleaning by A-1 Cleaning Co. = $190.
     • Late fees. You can only add late fees if the rental agreement allows for them. Additionally, you can’t add late fees if the Tenant has left the property.
   • Subtract the amounts the Tenant has paid you. This includes the security deposit and any other payments the Tenant made.
   • Prejudgment interest. This is interest on the money the Tenant owes you. You calculate from the date you served the Complaint on the Tenant to the date of the default judgment. Example: if the process server served the Summons and Complaint on February 17 and the court enters the default judgment on March 15, you can add on 26 days of interest.
     • Note: Alaska’s pre-judgment interest rate is usually around 4-5%. Check the current rate.
   • Certificate of Service. Write how you will serve the Tenant a copy forms in the Certificate of Service section at the bottom of each form.
3. Make two copies
   • Make two copies of the filled-out form. One copy is for your records. One copy is to send to the Landlord.
4. File the forms
   • File the original copies of the Default Application and Default Judgment forms at the same court where you filed the Complaint. Find the court address.
   • You can also file electronically with TrueFiling.
5. Give one copy to the Tenant
   • Give one copy to the Tenant or their attorney by first class U.S. mail or hand-delivery. This is called serving the other side. Read about serving the other side.
   • Note: You can’t serve the Tenant at the address of the property from where they were evicted.
     • If you can’t find the Tenant:
       • Check the court file
       • Call the Tenant and ask them their new address/location
       • Call the Tenant's references if they listed any on the rental agreement
       • Check the internet, including social media