Alaska Stat. § 09.45. § 09.45.135
Action against tenant occupying premises abated as nuisance
Operative Text
In an action under AS 09.45.060 — 09.45.160 against a tenant or person in possession of premises for which an order of abatement has been entered under AS 09.50.210(a), a certified copy of the order of abatement is prima facie evidence of unlawful holding of the premises by force by a person who remains on the premises.
Alaska Statute AS 09.45.135 addresses eviction proceedings involving premises that have been officially declared a nuisance and subjected to a court-ordered abatement. Under this provision, a certified copy of an abatement order issued under AS 09.50.210(a) serves as prima facie evidence that any person who remains on those premises is unlawfully holding them by force. In practical terms, this means the existence of the abatement order itself carries significant legal weight in an eviction action, shifting the initial burden in the proceeding.
Plain English — not legal advice.
Property owners and managers involved in eviction actions under AS 09.45.060–09.45.160 should be aware that AS 09.45.135 allows a certified copy of an abatement order to function as prima facie evidence of unlawful occupancy. Compliant operators typically obtain and preserve certified copies of any abatement orders entered under AS 09.50.210(a) and present them in court proceedings as part of their documentation. Maintaining organized records of official orders is a standard practice for operators navigating nuisance-related eviction actions in Alaska.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under AS 09.45.135, a tenant or occupant of premises subject to an abatement order should understand that a certified copy of that order can be introduced in court as prima facie evidence that their continued presence constitutes unlawful holding by force. This does not mean the matter is automatically decided — prima facie evidence can be rebutted, and tenants generally have the opportunity to present their own evidence or arguments in the proceeding. Individuals in this situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Alaska eviction law to understand what options may be available in court.
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.
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Rules and statutes that cite this regulation