- Option 1: MOVE OUT
- To avoid getting an eviction on your record, you should move out of the rental property before the deadline in the Notice to Quit expires.
- If the Landlord claims you owe them money, they still might start a case to try to collect it. But as long as you move out before the deadline, you won’t get an eviction on your record.
- Pay the rent in full. If you pay the all the rent money you owe before the 7-day deadline listed in the Notice to Quit, the Landlord can’t evict you and you don’t have to move. You can move if you want to, but you don’t have to.
- Example: On July 1 at 12 pm Landlord gives Tenant a Notice to Quit for not paying $1000 in rent. The deadline is July 8 at 12 pm (7 days). Tenant pays the full $1000 before July 7. Landlord can’t evict.
- Example 1: On January 1 at 2 pm Landlord gives Tenant a Notice to Quit for not paying $2,000 in rent. The deadline is January 8 at 1 pm (7 days). Tenant goes to Landlord and offers to pay $1,000 right now and $1,000 later in the week. Landlord says “okay” and takes the $1,000 part payment. Landlord can’t evict.
- Example 2: Later in the week…Tenant doesn’t give Landlord the other $1,000 they owe. Landlord can give Tenant a new Notice to Quit and start the process over again.
- Example: On March 1 at 4 pm Landlord gives Tenant a Notice to Quit for not paying $3,000 in rent. The deadline is March 8 at 4 pm (7 days). Tenant goes to Landlord and offers to pay $2,000 right now and $1,000 later in the week. Landlord says “No, I want the full amount.” Landlord can evict.
- Contact Alaska 2-1-1 by dialing 2-1-1 or 1-800-478-2221.
- Check out these resources on Alaska Legal Corporation's webpage.
For not paying utilities
- If you received a Notice to Quit for not paying the utility bill and the deadline hasn't passed, you have two options to avoid getting an eviction on your record:
- Option 1: MOVE OUT
- To avoid getting an eviction on your record, you should move out of the rental property before the deadline in the Notice to Quit expires.
- If the Landlord claims you owe them money, they still might start a case to try to collect it. But as long as you move out before the deadline, you won’t get an eviction on your record.
- Do these things within 3 days of getting the Notice to Quit:
- Pay the utility bill in full within 3 days
- Pay the Landlord back within 3 days if they paid money to keep the service running
- Get the utility service running again within 3 days
- Yes, but: If the utility company stopped service because you didn’t pay and this led to damage to the property, you can’t avoid getting evicted. You have to move out by the 5-day deadline in the Notice to Quit.
- Contact Alaska 2-1-1 by dialing 2-1-1 or 1-800-478-2221.
- Check out these resources on Alaska Legal Corporation's webpage.
For violating the rental agreement
- If you received a Notice to Quit for violating the rental agreement and the deadline hasn't passed, you have two options to avoid getting an eviction on your record:
- Option 1: MOVE OUT
- To avoid getting an eviction on your record, you should move out of the rental property before the deadline in the Notice to Quit expires.
- If the Landlord claims you owe them money, they still might start a case to try to collect it. But as long as you move out before the deadline, you won’t get an eviction on your record.
- The Notice to Quit must tell you how to stop violating the rental agreement. Do what it says within 10 days to avoid getting evicted. If the Notice to Quit doesn't say how to stop violating the rental agreement, talk with your Landlord to find out. You can tell them you'd like a new Notice to Quit that describes how exactly you're violating the rental agreement.
- Yes, but: If you have a history of violating the rental agreement in ways that seriously affect the safety or health of the other Tenants, you may not have this option. Your only option may be to move out before the deadline in the Notice to Quit passes.
For purposely damaging the property
- If you received a Notice to Quit for purposely causing more than $400 in damage on the property and the deadline hasn't passed, your only option to avoid getting an eviction on your record may be to move out:
- MOVE OUT
- To avoid getting an eviction on your record, you should move out of the rental property before the deadline in the Notice to Quit expires.
- If the Landlord claims you owe them money, they still might start a case to try to collect it. But as long as you move out before the deadline, you won’t get an eviction on your record.
For doing certain illegal activities on the property
- If you received a Notice to Quit for doing illegal activity on the property and the deadline hasn't passed, your only option to avoid getting an eviction on your record may be to move out:
- MOVE OUT
- To avoid getting an eviction on your record, you should move out of the rental property before the deadline in the Notice to Quit expires.
- If the Landlord claims you owe them money, they still might start a case to try to collect it. But as long as you move out before the deadline, you won’t get an eviction on your record.
Step 3: See if you can come to an agreement with your Landlord
If your Landlord wants to evict you, it may be helpful to talk with your Landlord before the eviction hearing to try to resolve the issue. This can save you a lot of time and money. It may also help you avoid a bad outcome at the eviction hearing or at the damages trial.
For example, if the judge decides to evict you at the eviction hearing, you will have an eviction on your record. Having an eviction on your record can make it difficult to rent property from someone in the future. It may affect your ability to get a loan and hurt your credit rating. Also, if you're part of a rental assistance program, you may lose your eligibility to receive assistance if you have an eviction on your record. Similarly, if the judge decides against you at the damages trial, you may have to pay the full amount of money damages the Landlord asked for in their Complaint. You may also have to pay for the Landlord's attorney fees.
Here are some ideas that may help you come to an agreement with your Landlord:
- If your Landlord wants to evict you for not paying rent or utilities:
- you could ask them if you can set up a repayment schedule instead of going through with an eviction
- you could ask them if they can help you find a rental or utility assistance program
- Note: If you need help with rent, you can contact Alaska 2-1-1 by dialing 2-1-1 or 1-800-478-2221. They might be able to help you find a rental assistance program. You can also check out these resources on Alaska Legal Corporation's webpage.
- if the Notice to Quit doesn't explain how to fix the violation, you could ask the Landlord specifically what you need to do
- you could ask the Landlord how you can avoid violating the rental agreement in the future
- you could offer to pay for any costs the Landlord had to pay because of the violation
- you could offer to move out by a certain date in exchange for them not to file an eviction case or to drop their case if they already filed one
- you could offer to pay for the damage in full
- you could offer to move out immediately in exchange for them not to file an eviction case or to drop their case if they already filed one
- you could offer to pay for any costs the Landlord had to pay because of the illegal activity
- you could offer to move out by a certain date in exchange for them not to file an eviction case or to drop their case if they already filed one
DO YOU NEED HELP?
- Depending on your income and circumstances, you may qualify for a free lawyer.
- Depending on your income, you may quailify to get free legal answers.
- Many lawyers offer free or flat fee consultations so you don’t have to hire them for the whole case. Find a lawyer.
Step 4: Prepare for the Eviction Hearing
An eviction hearing is where the judge decides if you have to move out. The judge will decide who gets possession of the property, you or your Landlord.
The eviction hearing normally happens 2 to 4 days after the Landlord serves you the Complaint. It’s shorter and less formal than a trial. It may last only 15 minutes or as long as 3 hours. Learn about defenses you can bring up at the hearing. If the judge agrees with your defense, they may stop or postpone the eviction.
- Check the court calendar the day of the hearing
- On the day of your hearing, check the court calendar to know which courtroom to go to. Plan to arrive at the courtroom 5-10 minutes before the scheduled time. The judge may have more than one case scheduled. They will ask you to come forward when it is your turn. Learn about how to dress and act during the hearing.
- Note: Calendars update at 7:30 am every day. Check the calendar on the day of the hearing in case the courtroom changed.
- Note: If you need to postpone the eviction hearing and you have a good reason for it, you can ask the judge to do so by filing a Motion for Continuance.
- Bring your documents with you
- If you have a defense to eviction, the judge will want to see evidence. Some examples of things to bring might be:
- copy of the rental agreement,
- copy of the Notice to Quit you got from the Landlord,
- other documents, like photographs, emails, letters.
- Read below about defenses you can raise at the eviction hearing.
- If you have a defense to eviction, the judge will want to see evidence. Some examples of things to bring might be:
- Tell your side of the story
- The judge will ask you questions about why you think you shouldn't be evicted, including any defenses you may have. If you have witnesses, tell the judge. They will give you an opportunity to ask the witnesses questions to help prove your side of the story.
- Witnesses. If you decide to have a witness, you must arrange for them to show up at the hearing. The judge or court staff won’t do this for you. If your hearing is not over the phone or Zoom, and the witness needs to appear by telephone, ask the judge for permission. Do this before the date of the hearing. Use Request to Appear by Telephone – TF-710 . Note: If you need a witness to testify at an eviction hearing, but they don’t want to show up, you can ask the judge to order them to show up. This type of court order is called a subpoena. Read about how to subpoena a witness .
- The judge will ask you questions about why you think you shouldn't be evicted, including any defenses you may have. If you have witnesses, tell the judge. They will give you an opportunity to ask the witnesses questions to help prove your side of the story.
LEARN ABOUT DEFENSES:
You can bring up one or more defenses at the eviction hearing. If the judge agrees with one of your defenses, they may stop the eviction from happening or postpone the eviction hearing to another date. This can buy you more time and give you another opportunity to come to an agreement with your Landlord.
A Note About Discrimination: If you feel you are being discriminated against because of your race, religion, color, national origin, sexual orientation, gender identity or "expression", or physical or mental disability, you can bring this up as a defense at the eviction hearing. You can also contact the Equal Rights Commission in your community or the Alaska State Commission for Human Rights. The Commission's statewide complaint hot line is (907) 274-4692 or toll free (800) 478-4692. TTY/TDD: (907) 276-3177 or toll free (800) 478-3177. If you live in Anchorage, you can contact the Anchorage Equal Rights Commission.
Why is the Landlord evicting you? Click on the reason below to get information about specific defenses you can raise at the eviction hearing.
- For not paying rent
- For not paying utility bills
- For violating the rental agreement
- For purposely causing more than $400 in damage to the property
- For doing something illegal on the property
Defenses to Eviction for Nonpayment of Rent
- Defense #1: The Notice to Quit contained wrong information
- If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. If the judge accepts this defense, the Landlord will have to give you a new Notice to Quit. The 7-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
- the amount of rent the Landlord listed on the Notice to Quit isn’t right. You owe less than what it says you owe.
- Example: You only owe $2400 in unpaid rent, but the Notice says you owe $3600. You will need proof, like a receipt, to show the judge you only owe $2400.
- Example: The Notice says you owe $2,700 total, but only $2500 is for unpaid rent. The other $200 is for late fees and interest.
- Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
- Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 8 at 12 pm. The deadline should have been listed as February 9 at 12pm. The Landlord must give you 7 days to pay the rent.
- If you tried to give the Landlord the full amount of rent money you owed before the deadline in the Notice to Quit passed, but the they refused your money, this is a defense.
- Note: If you tried to give the Landlord only part of the total amount you owe, that isn’t a defense. They can still evict you if you only tried to make a partial payment.
- Example of full payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $1800 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check with the full $1800, but they say they won’t take it. This is a defense. If the Judge agrees, you won’t be evicted.
- Example of part payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $3,000 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check for only $1000, part of the total $3,000 you owe. But the Landlord says they won’t take it. They don’t have to accept. This is not a defense.
- If you tried to give the Landlord part of the rental money you owed before the deadline in the Notice to Quit passed, and they accepted your money, this is a defense.
- Note: You still have to pay the full amount eventually. If you don’t, your Landlord can post another Notice to Quit and start the eviction process over again.
- Example: The Landlord posted the Notice on your door on February 2 at 12 pm. The Notice says you owe $2400 in unpaid rent and will be evicted unless it’s paid in full by February 9 at 12 pm. You go to the Landlord on February 3 with a check for $1200 and say you will pay the rest next week. The Landlord accepts the payment.
- If there are big problems the Landlord didn’t fix, making the property unsafe and unlivable, this could be a defense. They must be big problems, though. Things like flooding, pest infestations, large leaks, lack of drinkable water, serious electrical or heating problems, etc.
- You may want to argue to the judge that rent should be less than the Landlord says you owe. If the judge agrees, they will stop your eviction. The Landlord will have to give you a new Notice to Quit with the new rent amount. You can also pay the new lower rent amount.
Note: You may want to talk to a lawyer about this. It is not a good idea to just stop paying rent or reducing the amount of rent you pay.- Example: You had a huge rat infestation. You told the Landlord about it, but they didn’t hire an exterminator to fix it for over two months. It was unsafe to live there, so you had to live with a friend. You normally pay $1,000 a month in rent, but you only paid $500 a month for those two months. The Landlord gave you a Notice to Quit for not paying rent. You can argue rent should be $1,000 for the two months. If the judge agrees, this is a defense.
Defenses to Eviction for Nonpayment of Utilities
- Defense: The Notice to Quit contained wrong information
- If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
- The Landlord filed the Complaint before 5-days deadline passed.
- Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
- Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.
Defenses to Eviction for Violating the Rental Agreement
- Defense #1: The Notice to Quit contained wrong information
- If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 10-day notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
- The Landlord filed the Complaint before 10-day deadline passed. Note: If this is the second Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, the deadline only has to be 5 days.
- Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
- Example: The Landlord taped the Notice on your door on February 2 at 5 pm with a deadline of February 11 at 5 pm. The deadline should have been listed as February 12 at 5 pm. The Landlord must give you 10 days if they want to evict you for violating the rental agreement.
- Your Landlord must show that you violated the rental agreement in a big way. Not just a minor violation. It should be something that risks the health and safety of other tenants or visitors. If the Landlord is trying to evict you for only a minor violation, this is a defense.
- Example: You accidentally parked in another tenant’s parking space by accident for a night. This is a minor violation. The Landlord probably can’t evict you for that.
- If the Landlord doesn’t have evidence that you violated the rental agreement, then they can’t evict you. They must have proof.
- If the Landlord accepted your rent money even though they knew you violated the rental agreement, this is a defense.
- The Landlord can’t evict you as payback for doing something you are allowed to do. They can’t evict you as payback for any of the following things:
- because you asked for a copy of the rental agreement
- because you asked them to repair something (heater, oven, air-conditioning, plumbing, other essential service, etc.)
- because you organized or joined a union
- because you complained to a government agency about the property
Defenses to Eviction for Purposely Damaging the Property
- Defense #1: The Notice to Quit contained wrong information
- If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 24-hours’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
- The Landlord filed the Complaint before the 24-hour deadline passed.
- Example: The Notice gave you a deadline of February 3 at 12 pm, but the Complaint was filed before that time.
- The Landlord has to prove that you caused the damage on purpose. If you caused the damage by accident, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
- Example: You accidentally broke a window when you were moving a shelf from your bedroom to the living room. The window will cost $600 to repair. The Landlord gave you a Notice to Quit for intentionally causing more than $400 in damage to the property. Since it was an accident, this is a defense.
- The Landlord has to prove that you caused more than $400 in damage to the property. If the amount of damage was less than that amount, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
- Example: You were angry about something and threw a bottle through your bedroom window. You told the Landlord and had a professional repairman come give you a quote. The professional said it would cost $325 to fix the broken window. This is a defense.
Defenses to Eviction for Doing Illegal Activity On the Property
- Defense #1: The Notice to Quit contained wrong information
- If the Notice to Quit doesn’t have the right information in it, it is improper and the judge can’t evict you at the eviction hearing. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
- The Landlord filed the Complaint before 5-days deadline passed.
- Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
- Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.
- Alaska housing law states that a Landlord can evict a Tenant for the following illegal activities:
- prostitution,
- alcoholic beverages,
- gambling or promoting gambling,
- a controlled substance,
- imitation of a controlled substance, or
- allowing other people to do these activities at the property.
- Example: The Landlord gave you a Notice to Quit to evict you because they claim you stole something from a local store. This type of illegal activity is not listed in Alaska housing law. This may be a defense.
- If the Landlord is trying to evict you for illegal activity that occurred off property, tell the judge at the eviction hearing. This may be a defense.
- Example: The Landlord gives you a Notice to Quit to evict you for illegal activity. They claim you committed a crime at the local grocery store down the street. This is not an illegal activity that happened on the property. This may be a defense.
Step 5: Fill out an Answer form
If you got an eviction Complaint, called a Complaint for Forcible Entry and Detainer, you should respond to it within 20 days by filing a document called an Answer. If you don’t respond within 20 days of when the Landlord served the Complaint, the judge can order you to pay money without hearing your side of the story.
- Use the Answer form
- Answer to F.E.D. Complaint
- Fill out the top of the form (caption)
- Fill out the top of the form the same way the Complaint is filled out:
- same location of the court as listed on the Complaint,
- same name of parties, and
- same case number
- Fill out the top of the form the same way the Complaint is filled out:
- Fill out the rest of the form
- Go through each section of the Answer form very carefully
- If you agree with something, check "I ADMIT" in the box
- If you don't agree with something, check "I DENY"
- Under the "Defenses" section:
- Check the box for any defense you think applies. You have to prove your defenses at trial.
- Read about defenses below.
- Under the "Counterclaims" section:
- Check the box for any counterclaim you think applies. You have to prove your counterclaims at trial.
- Read about counterclaims below.
- Under the "Request for Relief" section:
- Check the boxes to tell the judge what you want the judge to order.
- At the bottom:
- Date and sign the form.
- Include your mailing address and a phone number.
- Under the "Certificate of Service" section:
- Write the mail address of the Landlord or their attorney.
- Write the date you will mail, email, or hand-deliver the form to the Landlord.
- Go through each section of the Answer form very carefully
- Make two copies of the form
- Make two copies of the filled-out form. One copy is for your records. One copy is to send to the Landlord. You will need to file the original form with the court (see below).
DO YOU NEED HELP?
- Depending on your income and circumstances, you may qualify for a free lawyer.
- Depending on your income, you may qualify to get free legal answers.
- Many lawyers offer free or flat fee consultations so you don’t have to hire them for the whole case. Find a lawyer.
LEARN ABOUT DEFENSES TO RAISE IN YOUR ANSWER:
The law allows you to use defenses in your Answer to tell the judge why you don’t owe the Landlord as much money as they say in their Complaint. You can use more than one defense.
If you use a defense, you will have to prove it at trial with evidence. If you can prove your defense at trial, the judge may decide you owe the Landlord less money than they said in their Complaint. Or the judge may decide you don’t owe the Landlord any money.
Below are some of the defenses you can use in your Answer. Check the box in your Answer form if you think you can prove it at trial.
Defense #1: The Notice to Quit was improper
- You can use this defense if the Landlord gave you the Notice to Quit in the wrong way or the Notice to Quit didn’t have the right information in it.
- Examples of Notice to Quit in the wrong way:
- Example: The Landlord gave the Notice to Quit to a neighbor instead of you.
- Example: The Landlord left the Notice to Quit on your doorstep instead of taping it to your door.
- The Landlord gave you a Notice to Quit, but it didn’t say how you could fix the problem. You can only use this defense if Landlord is evicting you for: (1) not paying rent, (2) not paying utilities, or (3) violating the rental agreement.
- Example: Landlord gives you a Notice to Quit for not paying rent. The Notice to Quit didn’t say you could fix the problem by paying the rent in full. This is a defense.
- Example: Landlord gives you a Notice to Quit for violating the rental agreement. But there is no deadline on the Notice to Quit telling you when you have to move out or fix the problem. This is a defense.
- Example: On May 1 at 2pm, Landlord gives you a Notice to Quit for violating Tenant duties. They put the deadline as May 8 at 2pm. They need to give you at least 10 days’ notice to evict you for that reason (or 13 days if they mailed). The deadline should be May 11 at 2pm (or May 14 at 2pm if mailed). This is a defense.
Defense # 2: The Landlord refused to accept the payment I offered or refused to allow me to fix the problem.
- You can use this defense if you tried to give the Landlord the full amount of unpaid rent before the deadline, but they wouldn’t accept it. Or when you could have fixed the problem, but the landlord wouldn’t let you fix it.
- You tried to give the Landlord the full amount of rent money you owe before the deadline, but they wouldn’t take it
- You can only use this defense if the Landlord is evicting you for not paying rent.
- Example: Landlord gives you a Notice to Quit for not paying $1,500 in rent. Before the deadline passes, you try to pay the full $1,500 you owe, but the Landlord won’t take the money. This is a defense to eviction.
- You can only use this defense if the Landlord is evicting you for (1) not paying rent, (2) not paying utilities, or (3) violating the rental agreement.
- Example: Landlord gives you a Notice to Quit for not paying utilities. You get the utility service running again and try to pay back the Landlord for a payment they made to the utility company. The Landlord won’t take the payment. This is a defense to eviction.
Defense # 3: The amount of rent the Landlord claims you owe is incorrect
- You can use this defense if you owe less rent than the Landlord said in the Complaint. This could be because you made rental payments that the Landlord didn’t count. Or you paid for essential repairs to the property. Or the Landlord didn’t provide essential services or keep the property in a safe and healthy condition.
- You made rental payments the Landlord didn’t include
- The Landlord says you owe more rent than you do because they didn’t count rental payments you made. You will have to show proof that you made these payments at trial.
- Example: In the Complaint, the Landlord said you owe $3,000 in rent. You know that you only owe $2,000 because you made a $1,000 payment the Landlord didn’t count. You have proof of the payment you made, like a receipt. This is a defense to money damages.
- The Landlord says you owe money in the Complaint, but they didn’t subtract money you paid to make an essential repair. An essential repair is something like heat, water, sewer, electricity, or plumbing. Before you make an essential repair, you must tell the Landlord in writing that you plan to make the repair and give them time to do it themselves.
- Example: The heater stopped working due to an electrical problem. You told the Landlord in writing about the problem, but they still didn’t fix it. You wrote them again and told them you were going to pay for the repairs to get it fixed. You paid an electrician $600 to repair the heater. This is a defense to money damages.
- The Landlord didn’t provide essential services like heating, plumbing, safe drinking water, or other things. Or they didn’t keep the property in safe and healthy condition by repairing serious issues like broken appliances, leaks, or pest infestations. Because of this the fair rental value should have been lower than what you were paying.
- Example: You found a large hole in your ceiling leaking water into your living room. It caused a lot of damage. You immediately told the Landlord about the leak. You were unable to use your living room for a whole month. The Landlord said they would not charge you rent for that month, but now they say you owe it. This is a defense to money damages.
Defense # 4: No physical damage was done to the property beyond ordinary wear and tear.
- You can use this defense if the Landlord says in the Complaint you damaged the property, but really the damage is just normal wear and tear.
- Example: Landlord says in the Complaint you damaged the carpet. They say you owe them $1,500. The damage is just normal wear from every day use. This is a defense to money damages.
Defense # 5: The rental property was fully cleaned prior to departure
- You can use this defense if the Landlord says in the Complaint you owe them money for moving out of the property and not cleaning it.
- Example: Landlord says in the Complaint you didn’t clean the property before moving out and they had to hire a professional cleaning company. It cost them $300 to hire the company. But you did fully clean the property before you moved out. This is a defense to money damages.
LEARN ABOUT COUNTERCLAIMS TO RAISE IN YOUR ANSWER:
The law allows you to use counterclaims in your Answer to tell the judge why the Landlord owes you money. You can use more than one. A counterclaim is different than a defense. When you use a defense, you say you don’t owe the Landlord money. When you use a counterclaim, you are saying the Landlord owes you money.
If you use a counterclaim, you will have to prove it at trial with evidence. If you can prove it at trial, the judge may decide you owe the Landlord owes you money damages.
Below are some of the counterclaims you can use in your Answer. Check the box in your Answer form if you think you can prove it at trial. Write the amount of money the Landlord (Plaintiff) owes you.
Counterclaim # 1: Landlord entered my home without notice or my permission
- Your Landlord must give you 24 hours’ notice before entering your home for repairs or services. The only exceptions are: (1) there is an emergency (smoke, explosion, water leak), (2) the Landlord has not been able to contact you, or (3) you have been gone from the property for more than seven days and you didn’t tell the Landlord you were leaving.
- If your Landlord entered your home without telling you at least 24 hours before or without your permission, you can ask for money damages. You can ask for an amount equal to one months’ rent for each time they entered your home in this way.
- Example: Landlord enters your apartment while you went grocery shopping to do some maintenance. They never told you they were going to do this, and they didn’t ask your permission. You only know about it because they emailed you and told you after they were done. Your rent cost is $1200 a month. You can ask for $1200 in money damages.
Counterclaim # 2: Landlord’s failed to maintain a habitable dwelling
- Your Landlords has a duty to make necessary repairs to keep the property in a safe and healthy condition. For example, the Landlord needs make sure there are no leaks or large holes in the doors or walls, that the plumbing works, there is no harmful mold, etc.
- If your Landlord did not keep the property safe and healthy, you can ask for money damages equal to the loss in fair rental value. This means you were paying more rent than it was worth because of the unsafe and unhealthy conditions. You will have to prove this at trial.
- Example: Landlord didn’t repair your broken toilet for months even though you asked them to many times. It’s the only toilet in the entire apartment. To use the restroom, you had to drive to your local grocery store or ask your neighbor. Your rent is $1000 a month, but the lack of toilet makes the fair rental value less. You can ask for the difference.
Counterclaim # 3: Landlord entered my home without notice or my permission
- When you move out, you have a right to get back the full security deposit you paid to the Landlord, or an explanation (accounting) for why the Landlord is giving you less than the full amount. If you think the Landlord kept more money from the security deposit than they should have, you can ask for it back.
- However, if damage has been done to the property beyond normal wear and tear or rent has not been fully paid, the landlord can deduct those amounts from the security deposit.
Counterclaim # 4: Any other reasons why you think the Landlord owes you money
Step 6: Give a copy of your filled-out Answer form to the Landlord
Give 1 copy to the Landlord or their attorney by first class U.S. mail, hand-delivery, or by email if they indicated on the Complaint they would accept service by email. This is called serving the other side.
If the Landlord filed the case electronically through the TrueFiling program, you can send them a copy through that program.
Step 7: File your Answer at the court within 20 days
File the original copy with the court listed at the top of the Complaint. You must do this within 20 days of when the Landlord served the Complaint. Choose one of these ways to file with the court:
- Hand-delivery, find the address of the court,
- First-class mail, or
- The Court’s online TrueFiling program
Frequently Asked Questions (FAQs)
- Who do I contact if I think my Landlord is discriminating against me?
- How do I postpone the eviction hearing?
- Who schedules the eviction hearing?
- How should I dress and act during the eviction hearing?
- Is there someone who can help me with this process?
Who do I contact if I think my Landlord is discriminating against me?
- If you feel you are being discriminated against because of your race, religion, color, national origin, sex, physical or mental disability, sexual orientation, or gender identity or "expression", contact the Equal Rights Commission in your community or the Alaska State Commission for Human Rights. The Commission's statewide complaint hot line is (907) 274-4692 or toll free (800) 478-4692. TTY/TDD: (907) 276-3177 or toll free (800) 478-3177.
- If you live in Anchorage, you can contact the Anchorage Equal Rights Commission.
How do I postpone the eviction hearing?
- You can ask the judge to postpone the eviction hearing by filing a document called a Motion for Continuance. You must have a good reason to postpone.
- Use the Motion for Continuance forms
- Expedited Motion for Continuance and Affidavit – CIV-733
- Order on Expedited Motion for Continuance – CIV-734
- Fill out the forms
- Fill out the top of the form the same way the Complaint is filled out (same court location, names, and case number).
- Write the date the eviction hearing was originally scheduled for.
- Write how many days you want to postpone the hearing for (two days or ___ days). Note: If you ask for more than two days, you may have to deposit money to pay for rent during that time. For example, if you ask for a two-week continuance, you may have deposit two weeks of rent money.
- Write why you need to postpone the hearing. You must have a good reason. Examples might be you need more time to (1) speak to an attorney, (2) locate a witness, or (3) get copies of important documents.
- Check one of the boxes to say how you will give a copy to the Landlord or their attorney.
- Make two copies
- Make two copies of the filled-out form. One copy is for your records. One copy is to send to the Landlord.
- Give one copy to the Landlord
- Give one copy to the Landlord or their attorney in the way you said you would on the form. This is called serving the other side. Read about serving the other side.
- File the form
- File the original copy of the motion form at the same court where you filed the Complaint. Find the court address.
- Choose one of these ways to file with the court:
- Hand-delivery,
- First-class mail,
- The Court's online TrueFiling program.
- Use the Motion for Continuance forms
Who schedules the eviction hearing?
- When the Landlord starts the case by filing the Complaint, the court clerk will also schedule the Eviction Hearing. The date and time should be listed on the Summons. The Eviction Hearing can’t be sooner than 2 days after you are served with the Complaint. Under Alaska Housing law, you must get a full 48 hours to prepare for the hearing. Also, the hearing date can’t be more than 15 days after the Landlord files the case in court. Look at these examples:
- Example 1: You are served with Complaint and Summons on October 1 at 12pm. The eviction hearing can’t happen until after October 3 after 12 pm.
- Example 2: Landlord files Complaint forms with her local court on October 1 at 12pm. The eviction hearing can’t be later than October 16 at 12pm.
How should I dress and act during the eviction hearing?
- Be on Time
- Plan to arrive at the courtroom 5-10 minutes before your hearing. Give yourself plenty of time to get to the courtroom. If there isn’t free parking, make sure you have money to park at a meter or use a pay parking lot.
- Dress Professionally
- Dressing professionally helps the judge know you take court seriously. Avoid wearing shorts, hats, or visibly dirty or torn clothing. You don’t have to buy new clothing, but remember a courtroom is a formal place.
- Be Respectful
- Treat everyone with respect, including the Landlord, the judge, any witnesses, and court staff. Address the judge as “your honor.” Stand when the judge enters or leaves the courtroom. Remove your hat and silence your cell phone. Don’t chew gum, eat, sleep, wear a hat, listen to earphones, text, talk on your phone, take photographs, or carry a weapon.
- Wait Your Turn to Speak and Talk Directly to the Judge
- Don’t interrupt anyone and don’t argue with the Landlord. This can be difficult if you think the Landlord is saying something wrong. But it’s always better to wait your turn. The judge will give each of you an opportunity to tell your side of the story.
- When you speak during the hearing, talk directly to the judge. Never talk to the Landlord directly. Speak loud and clear. Ask the judge for permission to speak if you need to say something and think the judge is moving on to something else. You can say, “your honor, may I say something?”
- Prepare and Practice What You Will Say
- Bring notes on what you want to say. If your notes are on your phone, tell the judge so they don’t think you’re using your phone for something else. Before you finish, look back to see if you covered everything. Practice with a friend. If your friend doesn't understand what your point, think about ways to improve.
- Bring Your Documents
- Bring three copies of all documents related to the case. One copy for the judge, one for the Landlord, and one for you. For example, you could bring copies of the Notice to Quit, the Complaint, the lease agreement, photographs, or other relevant documents. Have the documents in front of you during the hearing so you can refer to them. Bring a notepad and pens for taking notes.
- Leave Your Children With a Caretaker
- Plan for someone to take care of your little ones.
- Try to Control Your Emotions
- It is OK to be upset or even cry. But try not to yell, roll your eyes, throw your hands up, pound on the table, or storm out of the hearing. If you need a short break to calm yourself, ask the judge for one.
- Don't Be Afraid to Ask What Happens Next
- Before you leave the courtroom, make sure you understand what happens next. Do you need to come back for another court hearing? Do you need to prepare any written documents to file? Do you need to take other steps or actions? Will the Judge send an order by mail? Politely ask questions if you don’t understand what will happen next. Judges can’t give you legal advice, but they can give you information about the court process.
Is there someone who can help me with this process?
- Depending on your income and circumstances, you may qualify for a free lawyer.
- Depending on your income, you may qualify to get free legal answers.
- Many lawyers offer free or flat fee consultations so you don’t have to hire them for the whole case. Find a lawyer.
- Alaska Legal Services Corporation’s Landlord/Tenant Helpline provides free assistance to both tenants and landlords. Volunteer attorneys take incoming calls and will answer general questions from callers statewide about their particular housing situation.
- Hours: Monday through Thursday from 6:00 – 8:00 pm. In Anchorage call: 743-1000 Outside Anchorage call: (855) 743-1001
- The Landlord says you owe more rent than you do because they didn’t count rental payments you made. You will have to show proof that you made these payments at trial.
- You made rental payments the Landlord didn’t include
- You can only use this defense if the Landlord is evicting you for not paying rent.
- You tried to give the Landlord the full amount of rent money you owe before the deadline, but they wouldn’t take it
- Examples of Notice to Quit in the wrong way:
- MOVE OUT
- MOVE OUT
- Option 1: MOVE OUT
- Option 1: MOVE OUT