Notice to Quit for a Lease Violation in Alaska: 10 Days, Repeat Violations and Shorter Notices
For a lease violation other than unpaid rent, an Alaska landlord must give a written notice to quit with a cure period of at least 10 days, with shorter periods for repeats, deliberate damage and utility shutoffs. Here is how each works.
What is the Alaska notice for a lease violation?
For a material noncompliance by the tenant with the rental agreement, or a noncompliance with the tenant obligations in AS 34.03.120 that materially affects health and safety, the landlord may deliver a written notice to quit specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than 10 days after service (AS 34.03.220(a)(2)). If the breach is remediable by repairs, payment of damages or otherwise and the tenant adequately remedies it before the date in the notice, the rental agreement does not terminate.
What if the same violation happens again?
In the absence of due care by the tenant, if substantially the same act or omission that was the subject of a prior notice recurs within six months, the landlord may terminate on at least five days’ written notice to quit specifying the breach and the termination date (220(a)(2)).
What about deliberate damage and illegal activity?
If the tenant or someone in the tenant’s control deliberately inflicts substantial damage to the premises, or the tenant engages in or permits illegal activity such as the activities listed in AS 34.03.120(b), the landlord may give a notice to quit ending the agreement on a date not less than 24 hours or more than five days after service (220(a)(1)). Damage is substantial if the loss, destruction or defacement attributable to the deliberate infliction exceeds $400. The unlawful-holding statute gives five days for a violation involving an illegal purpose (09.45.090(a)(2)(G)).
What about a utility shutoff?
If a public utility discontinues electricity, natural gas or water because the tenant failed to pay for the service, the landlord may give a notice to quit saying the tenancy ends five days after service. If within three days the tenant reinstates the service and repays the landlord what it paid to reinstate it, and no damage resulted, the agreement does not terminate. A repeat within six months allows termination on at least three days’ written notice (220(e)).
What does the notice have to say?
It must state the nature of the breach or other reason; if the breach can be corrected, the remedial action and the date and time by which it must be completed; the date and time the tenancy will terminate; direct the tenant to quit by then; and say that the landlord may bring a civil action to remove the tenant (AS 09.45.105). The court system publishes forms for violation of the rental agreement (CIV-727), intentional damage (CIV-728) and illegal activity (CIV-729).
How do mailing and counting work?
Registered or certified mail adds three days (09.45.090(c)). Count from the day after service, include weekends and holidays, and move a last day that is a Saturday, Sunday or legal holiday to the next day that is not one. The Alaska eviction notice calculator does the count.
Notice periods at a glance
| Situation | Period | Note |
|---|---|---|
| Lease violation | Not less than 10 days after service | Remediable breach can be cured |
| Repeat within six months | At least five days | Same act or omission as a prior notice |
| Deliberate damage or illegal activity | 24 hours to five days | Damage above $400 |
| Utility shutoff for nonpayment | Five days | Reinstate within three days |
| Mailed notice | Add three days | Registered or certified mail |
What to do after receiving a notice
Read the notice for the breach, the remedial action and the date and time. If the breach is remediable, correct it before the deadline and keep proof, such as photographs, receipts or a repair invoice. If you think the notice is wrong, write to the landlord promptly and talk to a licensed Alaska attorney or Alaska Legal Services. If the landlord files an eviction case, you will be served with a summons for a hearing; see the Alaska eviction court process.
Frequently asked questions
How long is a notice to quit for a lease violation in Alaska?
Not less than 10 days after service, during which a remediable breach can be fixed.
Is the notice shorter if the violation happens again?
Yes. If substantially the same act recurs within six months of a prior notice, at least five days’ written notice is enough.
How much notice is needed for deliberate damage?
Not less than 24 hours and not more than five days after service, for deliberate damage above $400 or listed illegal activity.
Can I cure a utility shutoff?
Yes. Reinstate the service within three days and repay the landlord for amounts paid to reinstate it, if no damage resulted.
Does the landlord need a court order after the notice?
Yes. After the notice period, the landlord must file an eviction case.
Official sources
- AS 34.03.220: noncompliance with the rental agreement
- AS 34.03.120: tenant obligations
- AS 09.45.090: unlawful holding by force
- AS 09.45.105: content of the notice to quit
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.