Guidance On Rental Evictions As Moratorium Ends
Updated August 27, 2021
Editor's note: The eviction moratorium enacted through the Centers for Disease Control and Prevention (CDC) to temporarily suspend the eviction of covered persons from residential property for nonpayment of rent was blocked by a Supreme Court ruling on August 26, 2021.
This means that there will no longer be a suspension of evictions from residential property for nonpayment of rent. Tenants and landlords still retain all existing rights and protections against eviction under applicable state law. To learn more about evictions during the COVID-19 Pandemic, click here.
The eviction moratorium enacted through the Centers for Disease Control and Prevention (CDC) to mitigate the spread of COVID-19 will expire on July 31, 2021. This means that there will no longer be a suspension of evictions from residential property for nonpayment of rent.
The following offers up-to-date information for both renters and landlords, including guidance on eviction, information about legal rights & aid, and resources for those with immediate need. Read on to learn more, and to find out what steps you can take to keep your housing secure.
Did you apply for ALASKA HOUSING RENT RELIEF?
If you applied and were approved for Alaska Housing Rent Relief, you have certain protections as well as certain obligations. Your application for Alaska Housing Rent Relief insures that rental assistance can be paid for up to 12 months, addressing past due, current and future obligations up to three months at a time. To check the status of your application, click here.
If you did not apply or were not approved for Alaska Housing Rent Relief, you can check your eligibility for future rent relief and be added to a waitlist here.
What You Need To Know About The Likelihood of Eviction
If you are unable to make rental payments, your landlord may have the legal right to implement eviction proceedings.
- A landlord is allowed to evict a tenant for failing to pay rent on time.
- In Alaska, rent is considered late the day after it’s due. Grace periods (if any) are addressed in the rental agreement/lease.
- Once rent is past due, the landlord must provide tenants with a "7-Day Notice to Pay" if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within seven days (or move out) in order to avoid eviction.
- If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
- You may also be evicted for: engaging in criminal activity while on the premises; threatening the health or safety of other residents; damaging or posing an immediate and significant risk of damage to property; violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or violating any other contractual obligation of a tenant’s lease.
- Under federal law, your landlord cannot discriminate based on race, ethnicity, family status, disability, or other factors. Some localities and states also prohibit unequal treatment based on the tenant’s source of income (housing assistance, child support, disability payments, etc).
- Learn more about the eviction process in Alaska courts here.
Steps You Can Take To Avoid Eviction
CONTACT YOUR LANDLORD TO DISCUSS A PLAN FOR REPAYMENT
If you are struggling to pay your rent, you should contact your landlord before your next rent payment is due. With tenants unable to pay rent due to reduced income or other factors, many landlords or property management offices are allowing a repayment agreement. Repayment agreements outline a plan for the tenant to come back into compliance with the terms of their tenancy, and ensure that families may continue to be housed. Learn more here.
PRIORITIZE PAYING YOUR RENT
Review your finances and develop a plan to keep your housing secure. To learn more about making a budget and how to reduce your expenses in other areas, click here.
AHFC Families: Learn about Safety Net
If you are behind on rent there are resources available. Please contact us to work on a solution other than eviction. Alaska Housing Finance Corporation has implemented a special hardship process to provide immediate rent relief to our families affected by income loss due to COVID-19. If you live in AHFC Public Housing or have a Housing Choice Voucher, you may be eligible for temporary reduced rent through AHFC's Safety Net and we encourage you to apply. Learn more here.
Access additional RESOURCES
Get immediate assistance with food, child care, and more from an organization in your area. Find help here.
Understand Your Rights & Responsibilities
There are many federal and state housing laws. For more information about your rights, to get legal advice about eviction, or to report a case of housing discrimination, please refer to the legal resources listed here. For a quick summary of your rights, click here.
Specific Guidance & Resources for Landlords
AHFC has specific guidance for landlords about the eviction process, how to secure a repayment plan with your tenants, and your legal rights. There is also information available about keeping up on your own mortgage payments, requesting forbearance, and avoiding foreclosure. For more information, click here.