Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 3 . Commerce, Community, and Economic Development
Chapter 90 . (Relocated)
Section 125. Eviction complaints by tenants

3 AAC 90.125. Eviction complaints by tenants

(a) Upon delivery of a notice of eviction, an aggrieved tenant who believes that the proposed eviction is not valid or consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter may file a complaint with the board so long as formal eviction proceedings have not been filed against the tenant in a court of competent jurisdiction.

(b) Complaints may be on forms provided by the board, but any written statement which clearly delineates the complaint of the tenant shall be accepted as a properly filed complaint. A person who is unable to prepare a written complaint may make an oral statement to the board which clearly delineates his or her complaint, and this complaint shall be accepted by the board. The board shall prepare a memorandum of an oral complaint which shall be signed by the complaining party.

(c) Within five days after a tenant has filed a complaint with the board regarding a proposed eviction, the board, acting through its designated staff, shall review the notice of eviction and the complaint to determine if there is reasonable cause to believe that the reasons for the eviction are not valid or not consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter. It shall be presumed that there is reasonable cause to believe that the reasons given for the eviction are not valid or are not consistent with the purposes of AS 34.06 if the proposed eviction involves a tenant who has previously filed a complaint against the same landlord pursuant to sec. 30 of this chapter.

(d) If it is determined that there is not reasonable cause to believe that the reasons for the eviction are not valid or not consistent with the purposes of AS 34.06, the board, acting through the staff, shall notify the complaining tenant that the complaint will not be heard by the board, but that this determination does not preclude the tenant's pursuing his legal remedies in court under AS 34.03 or AS 34.06.

(e) If it is determined that there is reasonable cause to believe that the reasons for the eviction are not valid or are not consistent with the purposes of AS 34.06, the board shall send to the landlord a notice of the filing of the complaint and a copy of the complaint. A hearing shall then be held in accordance with sec. 85 of this chapter to determine if the reasons for the eviction are valid and consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter. After receiving notice of the complaint, the landlord may not implement the proposed eviction until issued a certificate of eviction specifying that the reasons for the eviction are valid and consistent with the purposes of AS 34.06.

History: Eff. 11/15/75, Register 56

Authority: AS 34.06.030


Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006