Eviction Court Process in Alaska: Filing, Service, Hearing and Judgment

By the FigureMyTax Editorial Team · How we calculate

An Alaska eviction case has two parts: a quick hearing on possession and a later decision on money. Here is how filing, service, the hearing, defenses and the damages claim work.

Where is an Alaska eviction filed?

The lawsuit is filed in the judicial district where the property is located. If the past-due rent and damage to the property are $100,000 or less, it is filed in the district court; if more, in the superior court (CIV-720). The plaintiff is the person asking to evict, which can be the owner or a person authorized by the owner. The owner can sign the complaint and appear without a lawyer; a corporation, a property manager or a person acting under a power of attorney must have an attorney sign it.

How is the tenant served?

The summons and complaint are served on each defendant by a process server or peace officer. The summons must be served not less than two days before the eviction hearing (AS 09.45.120; Civil Rule 85(a)(2)), and if it is not, the judge will probably postpone the hearing. A defendant cannot be served by mailing a copy to the address from which they were evicted unless their current address is not readily ascertainable (Civil Rule 85(a)(5)). The complaint should name everyone on the lease and all other adults living in the home.

What happens at the eviction hearing?

The judge decides only who gets possession; the amount of rent or damages is decided later. The landlord must prove it is entitled to possession, typically with the rental agreement, the notice to quit, proof of service and evidence that the tenant did not correct the problem. The tenant may respond with defenses, such as receipts showing rent was paid. If the judge grants possession, the judge orders the tenant to leave by a specific date and time. If the tenant does not appear, the judge may rule that the tenant loses the eviction part by default, but the landlord must still show service and compliance (CIV-720).

What defenses can a tenant raise?

For unpaid rent, the booklet lists failure to maintain fit premises, wrongful failure to supply essential services, unlawful removal or exclusion of the tenant, a partial payment the landlord accepted after the notice, and retaliatory rent increases. A tenant can also argue that the notice to quit was improper. Defenses are fact-specific, so ask a licensed Alaska attorney or Alaska Legal Services. Appearing at the eviction hearing counts as an appearance in the entire matter (Civil Rule 85(a)(4)).

Can the hearing be postponed?

A continuance may not be granted for longer than two days unless the defendant gives an undertaking, with sureties approved by the court, for the rent that may accrue (09.45.120; Civil Rule 85(a)(3)). The booklet explains that the judge will not grant a continuance if the need arises from the tenant’s own delay, and that the court may require cash or a bond equal to the rent for the period of delay.

How is the money claim decided?

The complaint can also ask for unpaid rent, damage and costs. The tenant must file a written answer within 20 days after being served, even if the eviction hearing is sooner. If an answer is filed, a trial decides the damages; if not, the landlord can apply for a default judgment. A case with no trial set can be dismissed after 180 days for lack of prosecution (Civil Rule 85(a)(6)). See the writ of assistance for what follows a judgment for possession.

Frequently asked questions

Official sources

• AS 09.45.120: summons and continuance
• Alaska Rules of Civil Procedure: Rule 85, forcible entry and detainer
• Alaska Court System: CIV-720 eviction booklet
• AS 34.03.220: noncompliance with the rental agreement; failure to pay rent

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.