Alaska Stat. § 09.45. § 09.45.630
Actions for recovery of real property
Operative Text
A person who has a legal estate in real property and has a present right to the possession of the property may bring an action to recover the possession of the property with damages for withholding it; however, recovery of possession from a tenant shall be made under AS 09.45.060 — 09.45.160.
Alaska Statute AS 09.45.630 establishes that a person holding a legal estate in real property—and who currently has the right to possess it—may file a lawsuit to reclaim possession and seek damages for the period during which possession was wrongfully withheld. Importantly, the statute carves out a specific exception: when the occupant is a tenant, the recovery of possession must follow the separate procedures set out in AS 09.45.060–09.45.160, which govern eviction and related proceedings. This means the general real-property recovery action and the landlord-tenant eviction process are treated as distinct legal tracks under Alaska law.
Plain English — not legal advice.
Under AS 09.45.630, property owners and managers who need to recover possession from a tenant are directed to a specific set of statutes—AS 09.45.060 through AS 09.45.160—rather than the general real-property recovery action. Compliant operators typically ensure they follow the notice requirements, timelines, and procedural steps outlined in those tenant-specific provisions before pursuing any court action. Using the correct legal track from the outset is a standard part of managing a lawful eviction process in Alaska.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
AS 09.45.630 is significant for tenants because it requires landlords seeking to remove a tenant from a property to proceed under the tenant-specific statutes at AS 09.45.060–09.45.160, not under the broader real-property recovery action. This means tenants have the benefit of the procedural protections built into those dedicated eviction statutes, such as required notices and defined timelines. Tenants who believe a landlord is attempting to bypass these procedures may find it useful to raise that issue as a defense in any court proceeding or to consult a tenant-rights organization familiar with Alaska housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation