Alaska Commercial Eviction Process: Default & Remedies

Commercial evictions in Alaska operate under a fundamentally different legal framework than residential evictions. While residential evictions follow the detailed statutory procedures of the Uniform Residential Landlord and Tenant Act (AS 34.03), commercial evictions are governed by the Forcible Entry and Detainer (F.E.D.) statutes (AS 09.45.060 – 09.45.160) and the terms of the lease agreement. This framework prioritizes the contractual freedom of commercial parties while maintaining the F.E.D. process as the exclusive legal remedy for regaining possession.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Alaska Statutes (AS 09.45.060)Preview unavailable, which covers actions for forcible entry and detainer.

Key Difference from Residential Evictions

The Alaska Court System explicitly notes that its standard F.E.D. (Forcible Entry and Detainer) eviction resources apply only to residential properties and recommends consulting an attorney for commercial eviction matters. This means:

• The specific statutory notice periods (7-day, 10-day, etc.) from the residential act (AS 34.03) do not apply to commercial tenants.
• However, if the lease is silent, the general F.E.D. statutory default for non-payment of rent is a 3-day notice to quit (AS 09.45.090(a)(2)).
• The lease agreement is the primary authority for defining default and remedies, and it may explicitly dispense with the notice requirement (AS 09.45.090(b)).
• Courts will look to the lease first and the F.E.D. statutes second.

Common Default Provisions in Commercial Leases

A well-drafted commercial lease will define "Events of Default" that can trigger eviction. Typical defaults include:

The Commercial Eviction Process

Step 1: Identify the Default

Review the lease to confirm that the tenant's conduct constitutes an "Event of Default" as defined in the agreement.

Step 2: Serve a Notice to Quit

If required by the lease or if the lease is silent on non-payment, deliver a written notice to the tenant. Under AS 09.45.105, the notice must be served by:

• Delivering it to the tenant personally;
• Leaving it at the premises with a person of suitable age and discretion and mailing a copy to the tenant; or
• Sending it via registered or certified mail.

Private overnight couriers are not a recognized statutory method for service of process in F.E.D. actions.

Step 3: Allow the Cure Period

If the lease provides a cure period, the tenant must be given the full time to remedy the default. If the tenant cures the default within the specified period, the landlord cannot proceed with eviction.

Step 4: Terminate the Lease

If the tenant fails to cure the default, the landlord may send a notice of lease termination, formally ending the tenancy as of a specified date, unless the initial notice already served this purpose.

Step 5: File a Court Action

If the tenant does not vacate after the lease is terminated, the landlord must file a Forcible Entry and Detainer (F.E.D.) complaint to recover possession. This is the exclusive legal remedy in Alaska for regaining possession. Under AS 09.45.120, the court will issue a summons for a summary hearing to be held not more than 15 days after the summons is issued.

Step 6: Obtain a Judgment and Writ

If the court rules in the landlord's favor, a judgment for restitution is entered. The landlord can then obtain a Writ of Assistance (Form CIV-575) authorizing law enforcement to remove the tenant and their property.

Landlord Remedies Beyond Eviction

Commercial leases in Alaska commonly include additional remedies for the landlord in the event of tenant default:

• Acceleration of rent - the landlord may demand all remaining rent for the lease term.
• Liquidated damages - a pre-agreed sum that the tenant must pay.
• Right to re-let - the landlord may re-lease the space and charge the original tenant for any shortfall.
• Recovery of attorney fees and costs - the lease can allocate legal costs to the defaulting party.
• Landlord's lien - some leases grant the landlord a lien on the tenant's personal property within the premises.

Self-Help Eviction

In Alaska, self-help measures—such as changing locks, shutting off utilities, or removing a tenant's property without a court order—are strictly prohibited for commercial properties. The Alaska Supreme Court has established in McCall v. Fickes and Modrok v. Marshall that the Forcible Entry and Detainer (F.E.D.) statute is the exclusive remedy for a landlord to recover possession. Engaging in self-help exposes the landlord to significant liability for wrongful eviction and damages.

Back to Alaska Landlord-Tenant Laws OverviewPreview unavailable.