Alaska Commercial Eviction Process: Default, Remedies, and Court Procedures

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 primarily by the terms of the lease agreement and general principles of contract law.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Alaska Statutes (AS 09.45.060)Il-preview mhux disponibbli, 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 statutory notice periods (7-day, 10-day, etc.) from AS 34.03 do not apply to commercial tenants.
• The lease agreement is the primary authority for defining default and remedies.
• Courts will look to the lease first and contract law principles 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 of Default

Deliver a written notice to the tenant specifying:

• The nature of the default.
• The cure period (as defined in the lease).
• The consequences if the default is not cured (lease termination, eviction, damages).

The notice should be delivered via the method specified in the lease (typically certified mail, overnight delivery, or personal service).

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.

Step 5: File a Court Action

If the tenant does not vacate after the lease is terminated, the landlord must file a civil action to recover possession. This may be filed as:

• A Forcible Entry and Detainer (F.E.D.) action - though the court may apply different standards than for residential cases.
• A breach of contract lawsuit seeking both possession and damages.

Step 6: Obtain a Judgment and Writ

If the court rules in the landlord's favor, a judgment of possession is entered. The landlord can then obtain a Writ of Assistance 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

Unlike residential leases, where self-help eviction is explicitly illegal under AS 34.03, the legality of self-help remedies for commercial properties in Alaska is less clearly defined. Some commercial leases include provisions that allow the landlord to re-enter the premises and change locks upon default. However, using self-help without explicit lease authorization is risky and can expose the landlord to liability. Always obtain a court order.

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