How to Evict a Roommate in Alaska (and Other Household Situations)
What Alaska law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: A 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others. Per the Alaska Department of Law's guide, the Landlord and Tenant Act covers roommates only if all are on the lease or the landlord consented to a sublease; a roommate who moves in and pays the tenant without the landlord's consent gets no rights as a tenant against the landlord, and a person who stays for free is not a tenant. AS 34.03.360(19), (22); AS 34.03.220(f); Alaska Dept. of Law, 'The Alaska Landlord & Tenant Act: What It Means to You' (2024)
| Roommate not on the lease | A 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others. Per the Alaska Department of Law's guide, the Landlord and Tenant Act covers roommates only if all are on the lease or the landlord consented to a sublease; a roommate who moves in and pays the tenant without the landlord's consent gets no rights as a tenant against the landlord, and a person who stays for free is not a tenant. An unapproved roommate may still have a claim against the tenant they paid. If the landlord ends the main tenancy, the roommate must move out too. |
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| Removing a roommate or subtenant | A tenant who subleases to a roommate is that roommate's 'landlord' under the Act. If the roommate does not leave after the required written notice to quit, the leaseholder must file a forcible entry and detainer (FED) case in court; lockouts and other self-help are not allowed, and police should not remove a tenant without a court order. A person in possession without a valid rental agreement and without the landlord's consent can also be removed by FED after a written notice to quit (AS 09.45.090(a)(2)(H)). |
| Guests who won't leave | No statute sets a number of days after which a guest becomes a tenant. The Act does not apply to guests or squatters staying without paying rent. A person who stays without a valid rental agreement and without the owner's consent can be removed through a court FED case after service of a written notice to quit. Threatening criminal trespass to remove a tenant without a court hearing is an abuse of the law; a guest who pays rent under an agreement may be a tenant. Re-verified 2026-10-27. |
| Removing a family member or partner | No statute specifically addresses removing a family member or partner. A person in possession without a valid rental agreement and without the owner's consent can be removed through a court FED case after a written notice to quit. Where there is domestic violence, a protective order may also address who stays in the home. Re-verified 2026-10-27. Source: AS 09.45.090(a)(2)(H) |
| Renting a room in your own home (lodgers) | No special statute for a lodger in the owner's home. The Act's exclusions cover transient occupancy in a hotel, motel, lodgings or other transient facility but do not exclude renting a room in an owner-occupied home, so a paying roomer under a rental agreement is generally covered. Whether a room rental is 'transient lodgings' or a tenancy depends on the facts. Re-verified 2026-10-27. Source: AS 34.03.330(b)(4) |
| Tenancy at will | For property not covered by the Residential Landlord and Tenant Act, a person who stays after a tenancy based on an estate at will ends commits unlawful holding by force and can be removed by an FED case. Residential periodic tenancies end with written notice of 30 days (month-to-month) or 14 days (week-to-week). Re-verified 2026-10-27. |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel, lodgings or other transient facility is excluded from the Residential Landlord and Tenant Act unless the arrangement was created to avoid the Act. The Department of Law guide says the Act does not apply to hostels, hotels, motels or Airbnbs. No statute sets a number of days after which a hotel guest becomes a tenant. Re-verified 2026-10-27. Source: AS 34.03.330(b)(4) |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Alaska eviction laws · Free legal help in Alaska · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.