Alaska Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Things A Landlord Cannot Do in Alaska Landlords cannot change locks, shut off utilities, or take other "self-help" actions to try to evict you. They have to file eviction cases in court.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

Alaska landlords cannot raise the rent during the term of a lease unless the lease specifically allows them to do so. Alaska landlords can raise the rent of a month-to-month tenancy by giving the tenant proper notice (30 days) of the change.

If the tenant wishes to terminate the lease early, they have to give a 30 day notice. For more information on Alaska Landlord Tenant laws (Alaska Statutes Secs. 09.45. 090, 09.45.

290. Periodic tenancy and holdover. While rent is current, the landlord or the tenant may terminate a week to week tenancy by a written notice given to the other at least 14 days before the termination date specified in the notice.

(c) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice of intention to enter and may enter only at reasonable times and with the tenant's consent.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

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Alaska Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term