Legal Question in Real Estate Law in Alaska
The rights of a tenant if he is evicted
If a tenant gets a eviction notice for non-payment of rent with a 7 day notice dos he have to be out in that time. Or wait for a 30 day notice. Can you help me thank you.
1 Answer from Attorneys
Re: The rights of a tenant if he is evicted
Alaska Statute 34.03.220(b) provides in pertinint part: "If rent is unpaid when due and the tenant fails to pay rent in full within seven days after written notice by the landlord of nonpayment... the landlord may terminate the rental agreement and immediately recover possession of the rental unit. Only one written notice of default need be given the tenant by the landlord as to any one default...."
It is therefore clear that you have only seven days after receipt of a proper notice to either bring your rent current or move out. An eviction lawsuit, known as an "FED action", may be filed on the eighth day if you do not do one or the other, and you will be liable for the cost of the eviction (approximately $300) in addition to your back rent and any other damages.
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