Eviction Law in Juneau, AK

Have you heard of the Eviction Diversion Initiative?

This program adopted by the court system in Alaska seeks to intervene before tenants get evicted. It costs millions of dollars, and it exists to ease the dramatic increase in evictions in the past few years.

Despite their best efforts, the state government can only do so much. Legal help may be necessary to resolve your circumstances in Juneau. The details below may benefit you whether you are the lessor or the lessee.

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. This action usually happens after failure to pay rent or lease agreement violations. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Juneau, Alaska eviction law can help.

Even though eviction notices happen because of problems with the tenant, not all eviction notices lead to an actual expulsion. More often, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Juneau, AK tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant always pays late, that grace period does not apply, and the property owner can provide an eviction notice.

The Alaska Housing Finance Corporation says grace periods depend on the lease agreement. If your landlord in Juneau did not provide this provision, you might not have much notice.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. If tenants violate the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have a pet, and they violate that rule, you can begin the eviction process.

The lease agreement is also legally binding for the landlord. A Juneau lessor must also follow the rules, such as making repairs and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such smashing windows, this may be cause for eviction. However, if your tenant makes repairs and doesn’t make any significant changes to the property, that may not qualify.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Juneau property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you must provide evidence that the tenant uses the property for illegal activities. For instance, reports from law enforcement investigations at the property can prove helpful.

How to Evict a Tenant in Juneau, Alaska

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, you should familiarize yourself with local laws before taking any action.

Always ensure you have a legally valid reason for eviction before giving notice. A qualified Juneau, AK attorney can help review your case to determine if you do.

The Uniform Residential Landlord and Tenant Act governs how this relationship should work. Either party has responsibilities they must fulfill while renting in Juneau. For instance, landlords must ensure the property they lease is fit for human habitation. As for tenants, they must refrain from illegal activity on site, or they can become evicted and arrested.

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the lease, you can issue a formal notice of eviction. This notification will serve as a final warning. It should explain how your tenant is in violation and what they can do to stop the eviction process.

The eviction notice should also include a deadline for the tenant to pay rent or move out. Additionally, you need to state the amount that the tenant owes. If you’re unsure how to create an eviction notice, you can use online templates or seek legal advice.

According to Alaska’s Eviction Booklet, landlords in Juneau have to issue a Notice to Quit. This document must include details like the following:

• The name of the tenant

• The address in question

• Amount owed in rent

• A deadline of at least seven days from issuing the notice to pay the overdue amount

• Landlord’s name and signature

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons.

You will likely go to the Trial Court in Juneau for this event. However, there are circumstances where a small claims court is the more appropriate judiciary.

Step 4. Contact an Experienced Juneau, Alaska Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, bring the following documents with you:

• Lease agreements
• Payment records
• Copies of bounced checks
• Communication records
• The eviction notice
• Evidence that the tenant received your notice

Step 5. Evict the Tenant

If you win at the hearing, your tenant will have time to move out of your property. The amount of time allowed depends on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Juneau, AK law enforcement to remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight to collect past-due payments. You can try to get these payments through several methods:

• Hiring a private debt collector
• Garnishing tax refunds
• Garnishing wages
• Taking the case to small claims court

Work with an Experienced Eviction Attorney in Juneau, Alaska

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Hiring a qualified Juneau attorney on your side can take the pressure off your back and help ensure victory. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Alaska state lines.