[maybeweredead]

Hello everyone, and thank you for viewing my post. I'm an Alaskan resident with a roommate problem. I was foolish enough to only have a verbal agreement with a roommate of mine. The only person on the lease is my girlfriend. (The LL is okay with the roommates)

We have already given him a hand written eviction notice August 15th, and now it is almost October 5th, (the 5th is when rent is due) and he has no signs of leaving. I know I gave him enough time to leave but he hasn't touched any of his things. I asked him to pay a daily amount of 20$/day starting the 5th for rent until the day he moves out, but he flat out refused to pay this much.
Do I need to go to the courts to evict him?
Is he a technically a tenant? Or can I just lock the house and leave a note on the door stating he needs to grab his things when we're at the house?
I've been reading the LL and tenant act but I'll be honest, I'm still really confused. And I'm getting mixed advice, so now I'm here..

Sincerely,
An aggravated renter.

PS. (LL said it was okay to have roommates and to evict them when it comes time to choose.)

[ScottGem]

Of course you have to evict. Not sure where you got the idea you could illegally lock him out. But YOU can't do anything. Your girlfriend is the leaseholder, therefore, she is his landlord. She has give the vacate notice and she has to file for the eviction.

You did not give him an eviction notice on Aug 15, you gave him a vacate notice. Only a court can issue an eviction. What was the deadline in the notice?

[maybeweredead]

Locking him out was just a phrase said out of anger. :p

She did give him a vacate notice, and it said to be out by the 15th of September (realized that wasn't possible obviously) and have waited until now.
We went down and got some courthouse papers and are going to show him the papers we need to fill out to file, maybe he'll just go. Or at least pay what he needs to pay like we (Girlfriend and I) told him he needs to.

[ScottGem]

That might help. If he realizes you mean business, he may vacate. But if he doesn't leave immediately, file. The filing fee should be minimal and if he sees you have filed, he may leave before the court hearing.

The fact that you didn't file on Sept 16 told him you were being wishy washy about it.

[maybeweredead]

Thank you for your help Scott.

He WAS a friend, but now I just want him out of my life. For good.

[AK lawyer]

OP should use the following forms:
http://www.courts.alaska.gov/forms/civ-720.pdf
http://www.courts.alaska.gov/forms/civ-725.pdf
http://www.courts.alaska.gov/forms/civ-730.pdf
http://www.courts.alaska.gov/forms/civ-105.pdf (or use specific forms if in Anchorage or Fairbanks.) See this link for all forms.

.... The filing fee should be minimal and ...

$90. Plus whatever it costs for service of process.

"AS 22.15.030. - Civil jurisdiction.
(a) The district court has jurisdiction of civil cases, including ... as follows:
...
(6) for the recovery of the possession of premises in the manner provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to the property does not exceed $100,000;
..." Sec. 22.15.030. - Civil jurisdiction. - Alaska Statutes

" ...
(c) Filing Fees -- District Court:
(1) Filing fees, district court jurisdiction
$90.00
..." Alaska Rules of Administration

Also see Alaska Statute Chapter 34.03. - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT, and in particular:

"AS 34.03.210. - Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, sanitary, or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed one and one-half times the actual damages.If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under AS 34.03.070 . "

[maybeweredead]

Okay so, I think he might be done with trying to argue and he might be actually beginning the moving out process.
I really hope so.
Thank you AK lawyer for the forms, I'll just see what he says here when I'm able to ask him about what he's doing..