May 5, 2015
by Mark Skolnick
RCO Legal-Alaska, Inc.
USFN Member (Arkansas, Oregon, Washington)
Alaska law makes no distinction between tenants and former owners in terms of the “notice to vacate” to which they are entitled. As such, with the sunset of PTFA, there is no state equivalent. The statute is AS 09.45.090, which defines “unlawful holding by force” and divides the situation into cases to which the Landlord Tenant Act applies and those to which it does not. Foreclosures usually fall in the second category, but both subsections read very similarly and further subdivide each category into subcategories based on the reason the tenancy is being terminated: failure to pay rent (7 days); violation of lease provision (10 days); deliberate infliction of substantial damage (24 hours); use for illegal purpose (5 days); or termination of an estate at will, expiration of lease term, or without the consent of the landlord and without a lease or agreement (0 days).
The number of days mentioned is the amount of time the occupant has to vacate after being served a written notice to quit. Default servicers typically see the zero days’ category, because after the foreclosure, the occupancy would be without a written lease or agreement and without the consent of the landlord. However, due to the lack of clarity in the law, as well as the courts’ historic concern for tenants being evicted unbeknownst to them for lack of notice by their foreclosed landlords, the courts have settled on 7-14 days as the appropriate time to allow for holdover tenants to vacate.
Copyright © 2015 USFN. All rights reserved.
Spring USFN Report