How Long Does an Eviction Take in Alaska? The Legal Steps and Minimum Waits

By the FigureMyTax Editorial Team · How we calculate

An Alaska eviction is a court case with a notice before it and a writ of assistance after it. Here are the steps in order and the minimum waits the statutes and court rules set for each.

What are the steps of an Alaska eviction?

An Alaska eviction is a “forcible entry and detainer” (F.E.D.) case, and the court system’s booklet lists the sequence (CIV-720):

1. A written notice to quit is given to the tenant, with time to correct the problem or move out.
2. If the tenant does not fix the problem by the deadline, the landlord files an F.E.D. complaint.
3. The tenant is served with the complaint and a summons ordering the tenant to appear at an eviction hearing and to answer any claim for damages.
4. The court holds the eviction hearing within 15 days after the case is filed and at least two days after the summons is served; the judge decides who gets possession.
5. Damages, if claimed, are decided at a trial (if the tenant files an answer within 20 days) or by default judgment.
6. If the tenant does not leave by the date the judge sets, the landlord can use a writ of assistance.

How long is each wait?

The notice period is seven days for unpaid rent, not less than 10 days for a lease violation and 30 days before the rental due date for a month-to-month tenancy (AS 34.03.220, 34.03.290), and mailed notices get three more days (09.45.090(c)). A lawsuit can be filed after the period ends. The summons must be served not less than two days before the eviction hearing (09.45.120), and Civil Rule 85(a)(2) sets the hearing not more than 15 days from filing unless the court orders otherwise. The Alaska eviction timeline calculator adds them for your dates.

Is there a way to avoid going to court?

The court system runs an Eviction Diversion Program that offers free mediation to landlords and tenants who are having disagreements, before or after the landlord starts a court case (CIV-720). The booklet gives the program’s web address.

What can stretch the timeline?

A continuance of the eviction hearing may not be for longer than two days unless the defendant gives an undertaking, with sureties approved by the court, for the rent that may accrue if judgment is rendered against the defendant (09.45.120). Service that is not made at least two days before the hearing usually leads the judge to postpone it. The damages part of the case is handled at a later date, and a federal 30-day notice may apply to a covered dwelling; the court asks the landlord to file an affidavit about it (form CIV-731).

Can the landlord skip any step?

No. A landlord who removes or excludes a tenant on its own can owe up to one and one-half times the actual damages (AS 34.03.210). See self-help evictions in Alaska.

What is the legal minimum for an unpaid-rent case?

In the example table below, a tenant served with a seven-day rent notice on a Wednesday can be sued on the eighth day, and the earliest eviction hearing is two days after service, which is a Monday in the example because the second day is a Saturday. The calculator gives the exact dates for yours. It is a minimum, not what to expect.

An example schedule for an unpaid-rent eviction

The example assumes no holiday in the way. Any delay in service, a continuance, a defense or a mediation moves the dates after it.

Frequently asked questions

Official sources

• AS 34.03.220: noncompliance with the rental agreement; failure to pay rent
• AS 34.03.290: periodic tenancy and holdover
• AS 09.45.120: summons and continuance
• AS 09.45.090: unlawful holding by force
• Alaska Rules of Civil Procedure: Rule 85
• Alaska Court System: CIV-720 eviction booklet

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.