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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How to get my sister to move her trailer from my property

Customer Question

how to get my sister to move her trailer from my property
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Is your sister living in the trailer?


What state is your property, and the trailer, located in?

Customer: replied 1 year ago.
in alaska
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If she is living in the unit, you must go through the forcible entry and detainer ("eviction") process.

So you will need to give her 30 days notice to quit (30 days to leave), if she does not leave you can then file an eviction ("forcible entry and detainer") action.

The overall process works like this:

  • "Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:

    Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

To help keep everything in line, (make sure you meet all of the statutory requirements and a place to get all of the forms), you can use a commercial "pay for use" site such as this one:

But the State of Alaska also has free resources to help you navigate this process, such as this publication by the state court system: which includes forms as well.

Customer: replied 1 year ago.
this works even when she dose not pay a space rent ? she needed some wear to go till she got a job but things have not worked out and she dose not want to leave. causing lots of problems. the form i need is a notice to quit ?
Expert:  CalAttorney2 replied 1 year ago.

Yes, this is the procedure that you use to regain possession of your property from a tenant/occupant.

Unfortunately, I could not find a quick link to a form for you (there are a couple of downloadable forms that you can find quickly with an internet search, but I am unable to send links).

The specific type of form you will be looking for is an "Alaska 30 day notice of lease termination"

Customer: replied 1 year ago.
thank you for you time
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.