Section 09.45.100. Notice to quit.

   (a) Except where service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except when notice to quit is not required by AS 09.45.090(a)(3) or (b)(3), a person entitled to the premises who seeks to recover possession of the premises may not commence and maintain an action to recover possession of premises under AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit to the person in possession.
   (b) To recover possession of premises after a tenant or person in possession has failed or refused to pay rent due, service of the written notice required by AS 34.03.220(b) or of a demand in writing for possession of the premises
        (1) constitutes notice to quit, and service of a separate notice to quit is not required; and
        (2) satisfies the requirements of (c) of this section and AS 34.03.310(c).
   (c) A notice to quit shall be in writing and shall be served upon the tenant or person in possession by being
        (1) delivered to the tenant or person;
        (2) left at the premises in case of absence from the premises; or
        (3) sent by registered or certified mail.

Authorities

9.45.090;29.35.125;34.03.090;34.03.220;34.03.225;34.03.290;34.03.310

Notes

References

AS 9.45.090 .090">Sec. 09.45.090. Unlawful holding by force.
AS 29.35.125 Fees for police protection services.
AS 34.03.090 Landlord to supply possession of the dwelling unit.
AS 34.03.220 Noncompliance with rental agreement; failure to pay rent.
AS 34.03.225 Limitations on mobile home park operator's right to terminate.
AS 34.03.290 Periodic tenancy and holdover.
AS 34.03.310 Retaliatory conduct prohibited.

History

(Sec. 17.05 ch 101 SLA 1962; am Sec. 2 ch 121 SLA 1994)