Title 9 Code of
Civil Procedure
Forcible Entry and
Detainer
Prohibition of use of force for entry on realty.
A person may not enter upon any land, tenement, or other real
property except in cases where entry is given by law. In those cases
the entry may not be made with force but only in a peaceable manner.
Title 9, Sec. 09.45.060
Action for forcible entry or detention.
(a) When a forcible entry is made upon a premises, or when an
entry is made in a peaceable manner and the possession is held by
force, the person entitled to the premises may maintain an action to
recover the possession.
(b) [Repealed, Sec. 1 ch 73 SLA 1966]. Title 9, Sec.
09.45.070
Undertaking on appeal. [Repealed, Sec. 4 ch 10 SLA 1974]. Title
9, Sec. 09.45.080.
Repealed or Renumbered
Unlawful holding by force.
(a) For property to which the provisions of AS 34.03 (Uniform
Residential Landlord and Tenant Act) apply, unlawful holding by
force includes each of the following:
(1)when, for failure or refusal to pay rent due on the lease
or agreement under which the tenant or person holds, and after
service, under AS 09.45.100 (b), of the written notice required by
AS 34.03.220(b) by the landlord for recovery of possession of the
premises if the rent is not paid, the tenant or person in possession
fails or refuses to vacate or pay the rent within seven days;
(2) when,
(A) after a violation of a condition or covenant set out in
AS 34.03.120(a), other than a breach of AS 34.03.120 (a)(5) due to
the deliberate infliction of substantial damage to the premises, or
after a breach or violation of a condition or covenant in a lease or
rental agreement and following service of written notice to quit,
the tenant fails or refuses to remedy the breach or to deliver up
the possession of the premises within the number of days provided
for termination under AS 34.03.220 (a)(2);
(B) after a violation of AS 34.03.120 (a)(5) by deliberate
infliction of substantial damage to the premises, following service
of written notice to quit, the tenant fails or refuses to deliver up
the possession of the premises by the date set out in the written
notice to quit under AS 34.03.220 (a)(1);
(C) after a violation of AS 34.03.220 (e) following
discontinuance of a public utility service, following service of
written notice to quit, the tenant fails or refuses to deliver up
the possession of the premises by the date set out in the written
notice to quit under AS 34.03.220(e);
(D) the landlord requires the tenant to vacate the premises
for a reason set out in AS 34.03.310 (c)(2) or (c)(4) - (7),
following service of written notice to quit, the tenant fails or
refuses to deliver up the possession of the premises within the
longer of 30 days or the period of notice for the landlord's
recovery of possession of the premises set out in the rental
agreement;
(E) in a mobile home park, there is to be a change in the use
of land for which termination of tenancy is authorized by AS
34.03.225(a)(4), following service of written notice to quit, the
mobile home dweller or tenant fails or refuses to vacate within the
number of days provided for termination under AS 34.03.225 (a)(4);
(F) after termination of a periodic tenancy as prescribed by
AS 34.03.290(a) or (b), following service of written notice to quit,
the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or after the
date of its expiration;
(G) after the tenant has violated AS 34.03.120 (b) or the
tenant has used the dwelling unit or allowed the dwelling unit to be
used for an illegal purpose in violation of AS 34.03.310 (c)(3)
other than a breach of AS 34.03.120 (b), following service of
written notice to quit, the tenant fails or refuses to deliver up
the possession of the premises within five days; or
(H) following service of written notice to quit, a person in
possession continues in possession of the premises without a valid
rental agreement, as that term is defined in AS 34.03.360 , and
without the consent of the landlord; or
(3) when, without a notice to quit, a tenant or person in
possession continues in possession of the premises after the tenancy
has been terminated by issuance of an order of abatement under AS
09.50.210
(a).
(b) For property to which the provisions of AS 34.03 (Uniform
Residential Landlord and Tenant Act) do not apply, unlawful holding
by force includes each of the following:
(1) when, for failure or refusal to pay rent due on the lease
or agreement under which the tenant or person in possession holds,
after service, under AS 09.45.100 (c), of demand made in writing by
the landlord for the possession of the premises if the rent is not
paid, the tenant or person in possession fails or refuses to vacate
or pay the rent due within seven days;
(2) when, following service of a written notice to quit,
(A) after the tenant or person in possession has breached or
violated a condition or covenant of the lease or rental agreement
other than breach of a covenant or condition set out in (B) of this
paragraph, the tenant or person in possession of a premises fails or
refuses to deliver up the possession of the premises within 10 days;
(B) after the tenant or person in possession has deliberately
inflicted substantial damage to the premises, the tenant or person
in possession of a premises fails or refuses to deliver up the
possession of the premises on the date required by the landlord; the
date specified may not be less than 24 hours after demand for
possession of the premises by the landlord;
(C) after the tenant or person in possession has violated AS
34.05.100(a) or has used the premises for or allowed the premises to
be used for an illegal purpose, the tenant or person in possession
fails or refuses to deliver up the possession of the premises within
five days;
(D) for premises the lease or occupation of which is
primarily for the purpose of farming or agriculture, after the
tenant or person in possession has violated AS 34.05.025 , other
than a violation that is a breach under (B) or (C) of this
paragraph, the tenant fails or refuses to deliver up possession of
the premises within 30 days;
(E) a tenancy based upon an estate at will terminates, and
the tenant or person in possession continues in possession of the
premises; or
(F) a person in possession continues in possession of the
premises
(3) when, without a notice to quit, a tenant or person in
possession continues in the possession of the premises after the
tenancy has been terminated by issuance of an order of abatement
under AS 09.50.210 (a).
(c) When a landlord who is required to provide written notice
to a tenant or person in possession under (a) or (b) of this
section, provides notice by mail, notwithstanding any other
provision of law, three days must be added to the period set out in
(a) or (b) of this section to determine the date on and after which
the tenant or person in possession unlawfully holds by force.
Title 9, Sec. 09.45.090
Notice to quit.
(a) Except where service of written notice is made under AS
9.45.090(a)(1) or (b)(1), or except when notice to quit is not
required by AS 09.45.090 (a)(3) or (b)(3), a person entitled to the
premises who seeks to recover possession of the premises may not
commence and maintain an action to recover possession of premises
under AS 09.45.060 - 09.45.160 unless the person first gives a
notice to quit to the person in possession.
(b) To recover possession of premises after a tenant or
person in possession has failed or refused to pay rent due, service
of the written notice required by AS 34.03.220 (b) or of a demand in
writing for possession of the premises (1) constitutes notice to
quit, and service of a separate notice to quit is not required; and
(2) satisfies the requirements of (c) of this section and AS
34.03.310(c).
(c) A notice to quit shall be in writing and shall be served
upon the tenant or person in possession by being
(1) delivered to the tenant or person;
(2) left at the premises in case of absence from the
premises; or
(3) sent by registered or certified mail. Title 9, Sec.
9.45.100
Content of notice to quit.
Notice to quit served upon the tenant or person in possession
must
(1) state
(A) the nature of the breach or violation of the lease or
rental agreement or other reason for termination of the tenancy of
the tenant or person in possession;
(B) in circumstances in which the breach or violation
described in
(A) of this paragraph may be corrected by the tenant or
person in possession to avoid the termination of the tenancy, the
nature of the remedial action to be taken, and the date and time by
which the corrective actions must be completed in order to avoid
termination of the tenancy;
(C) the date and time when the tenancy of the tenant or
person in possession under the lease or rental agreement will
terminate;
(2) direct the tenant or person in possession to quit the
premises not later than the date and time of the termination of the
tenancy; and
(3) give notice to the tenant or person in possession that,
if the tenancy terminates and the tenant or person in possession
continues to occupy the premises, the landlord may commence a civil
action to remove the tenant or person and recover possession.
Title 9, Sec. 09.45.105
Time when action to recover possession may be brought.
An action for the recovery of the possession of the premises
may be commenced on or after the date the tenant or person in
possession unlawfully holds possession of the dwelling unit or
rental premises by force, as determined under AS 09.45.090. Title 9,
Sec. 09.45.110
Summons and continuance.
Summons in actions for forcible entry and detainer shall be
served not less than two days before the date of trial. A
continuance may not be granted for a longer period than two days
unless the defendant applying for the continuance gives an
undertaking to the adverse party, with sureties approved by the
court conditioned to the payment of the rent that may accrue if
judgment is rendered against the defendant. Title 9, Sec. 09.45.120
Action against persons paying rent in advance.
The service of a notice to quit upon a tenant or person in
possession does not authorize an action to be maintained against the
tenant or person for the possession of the premises until the
expiration of the period for which that tenant or person may have
paid rent for the premises in advance. To authorize an action
against a tenant or person in possession who has paid rent in
advance, a notice must be given at least 10 days before the
date the rent is due again in case of a month-to-month tenancy or at
least three days before in the case of a week-to-week tenancy. Title
9, Sec. 09.45.130
Action against tenant occupying premises abated as
nuisance.
In an action under AS 09.45.060 - 09.45.160 against a tenant
or person in possession of premises for which an order of abatement
has been entered under AS 09.50.210 (a), a certified copy of the
order of abatement is prima facie evidence of unlawful holding of
the premises by force by a person who remains on the premises. Title
9, Sec. 09.45.135
Agricultural tenant.
When the leasing or occupation is for the purpose of farming
or agriculture, the tenant or person in possession shall, after the
termination of the lease or occupancy, have free access to the
premises to cultivate and harvest or gather any crop or produce of
the soil planted or sown by the tenant or person before the service
of the notice to quit. Title 9, Sec. 09.45.140
Inquiry into merits of title.
In an action to recover the possession on the land, tenement,
or other real property where the entry is forcible or when the
possession is unlawfully held by force, there shall be no inquiry
into the merits of the title. Three years' quiet possession of the
premises immediately preceding the commencement of the action by the
party in possession or those under whom the party holds may be
pleaded in bar thereof unless the estate of the party in the
premises is ended. Title 9, Sec. 09.45.150
Action by nonprofit housing corporation.
A nonprofit housing corporation may designate an officer or
employee of the corporation who is not an attorney to commence and
maintain an action under AS 09.45.060 - 09.45.160 on behalf of the
corporation against a tenant or person in possession. When, under
this section, a nonprofit corporation appears by an officer or
employee of the corporation who is not an attorney, the written
proceedings shall be in the name of the person representing the
corporation and that person is the sole representative of the
corporation as between the corporation and the adverse party. Title
9, Sec. 09.45.158
Actions for possession of realty.
In an action to recover the possession of real property as
provided in AS 09.45.630 , notice to quit, when necessary, may be
given as prescribed in AS 09.45.060 - 09.45.160, and nothing in AS
09.45.060 - 09.45.160 shall be construed so as to prevent such an
action being maintained for the recovery of the possession. Title 9,
Sec. 09.45.160
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