How to Stay a Sheriff Lockout After an Eviction in Alaska

Facing eviction in Alaska can be overwhelming, especially if you're worried about being locked out by the sheriff. If you've lost an eviction case, you may have the right to appeal and temporarily pause ("stay") a lockout. This guide explains what a sheriff lockout is, how the appeals process works, and the steps you can take as a renter to stay in your home during appeal.

Understanding the Sheriff Lockout in Alaska

Once an Alaska court rules for your landlord in an eviction (also called a "forcible entry and detainer" or FED action), you may receive a "writ of assistance," which authorizes the local sheriff or police to physically remove you from your rental. This is known as the sheriff lockout.

• Writ of Assistance: This official court order allows law enforcement to remove a tenant from the property.
• The lockout usually happens a short time after the court judgment, depending on local scheduling.

Alaska law gives renters the right to request a stay (delay) of the lockout if you file an appeal.

Can You Stay in Your Rental While Appealing an Eviction?

Under Alaska law, yes: if you appeal your eviction judgment and meet certain requirements, you can ask the court to "stay" the enforcement of the lockout.^[1] This means the sheriff cannot evict you until the appeal is decided or the stay is lifted. However, you must follow strict procedures and deadlines.

Alaska Forms for Staying a Lockout During Appeal

• Notice of Appeal (Form TF-500): Used to officially appeal your eviction case.
  Example: If you lost your eviction trial and received a judgment against you, you must file this form with the court to begin your appeal. It must be filed within 15 days of the judgment.
  Access the Notice of Appeal (TF-500) from the Alaska Court System
• Motion for Stay of Execution (no official form, but accepted as a written motion): Ask the court to "stay" (pause) the sheriff's lockout while your appeal is pending.
  Example: After filing your appeal, submit a written motion to the court that issued the eviction, requesting a stay. You should do this as soon as possible, preferably with or immediately after your appeal.
  See Alaska Court System guidance on stays during appeal
• Bond or Deposit Payment: The court may require you to pay a bond (or deposit) to stay in the home during your appeal. This bond protects the landlord if the appeal fails. Details are covered under Alaska Statutes.
  Read Alaska Statute 09.45.840 on bonds for stay during appeal

Contact the court where your eviction was filed if you need help accessing these forms.

Step-by-Step: How to Delay a Sheriff Lockout through Appeal in Alaska

Here is a clear summary of the key steps renters need to take to request a stay of lockout during appeal:

• File a Notice of Appeal (Form TF-500) with the court within 15 days of the eviction judgment.
• At the same time, file a written Motion for Stay of Execution with the same court.
• Be prepared to pay the required bond or deposit, which the court will set. This may be an amount equal to rent that will accumulate during the appeal.
• If the court grants your stay, provide a copy of the order to the local sheriff to prevent a lockout.

If you fail to file for a stay or do not pay the bond if required, the sheriff’s lockout can proceed even while your appeal is pending.

The Alaska Court System is the official tribunal handling eviction and appeal proceedings for renters in Alaska. Most eviction appeals are heard by the Superior Court.

Important Time Limits and Practical Tips

• You must act quickly—file your appeal and motion to stay as soon as possible after judgment (within 15 days).
• Check your court documents for deadlines and required forms.
• If you are unable to pay the bond due to low income, ask the court about a "waiver of bond" or similar financial hardship request. This is not always granted, but it's worth requesting if you qualify.

Key Legislation Covering Appeals and Stays in Alaska

• Alaska Statute 09.45.840: Stay of execution during appeal
• Alaska Uniform Residential Landlord and Tenant Act (AS 34.03): Rights and duties of landlords and tenants

Be sure to review these statutes or consult with legal aid for specific questions about your situation.

FAQs: Staying a Sheriff Lockout Through Appeals in Alaska

1. How fast must I act to appeal an eviction in Alaska?
   You have 15 days from the date of the judgment to file your Notice of Appeal and request a stay.
2. What happens if I don’t pay the required bond for the stay?
   If you don’t pay the bond set by the court, the court may deny your stay, and the sheriff can lock you out while your appeal is pending.
3. Can I still be locked out during my appeal?
   Yes, unless the court grants your stay of execution and you fulfill any bond or conditions required. Otherwise, the sheriff’s lockout may proceed even if you have appealed.
4. Where can I get help filling out the Notice of Appeal or stay paperwork?
   Contact your local court clerk, the Alaska Court System Self-Help Service, or eligible legal aid services for assistance with forms and instructions.
5. Is there a fee to file a Notice of Appeal in an eviction case?
   Yes, but if you can’t afford the fee, you may ask the court for a fee waiver by submitting the appropriate financial hardship request form.

Key Takeaways

• Appealing an eviction in Alaska can postpone the sheriff lockout—but you must file both a Notice of Appeal and request a stay quickly.
• The court may require you to pay a bond as a condition of staying in your home pending appeal.
• Use official forms and follow Alaska court deadlines to preserve your rights.

Need Help? Resources for Renters in Alaska

• Alaska Court System Self-Help Center: Eviction Information
• Alaska Legal Services Corporation – free or low-cost legal help for qualifying renters
• Alaska Court System: Guide to Staying an Eviction During Appeal
• Contact your local courthouse or clerk for form access and guidance on filing procedures

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1. See Alaska Statute 09.45.840 - Stay of execution
2. See Alaska Uniform Residential Landlord and Tenant Act
3. Alaska Court System - Landlord and Tenant Information

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