Evicting a tenant in North Dakota starts with a tenant neglecting to pay rent or violating their lease.1 In any instance other than terminating a month-to-month contract, a landlord must use the state’s 3-Day Notice to Quit document, found below, to notify the tenant of their violation and the landlord’s intent to evict. If the tenant fails to comply, the landlord may choose to then file a complaint in the Local District Court and obtain a Writ of Execution in order to have the tenant removed from the property.
How to Evict
- Step 1: Send an Eviction Notice
- Step 2: Wait to Hear from the Tenant
- Step 3: File in Court
- Step 4: Serve the Tenant
- Step 5: Attend a Hearing
- Step 6: Obtain a Writ of Execution and Repossess the Property
There are a few legal ways by which a landlord may recover their property from a tenant.
- Noncompliance and Nonpayment of Rent (3-Day Notice to Quit) – A landlord is not required to offer options to cure for any material noncompliance of the lease (which includes illegal activities) but they must allow the tenant three days to vacate.2 Rent is considered late if it is not received within 3 days of its due date. Once the landlord serves a notice to quit, the tenant has the notice period to pay in full and maintain the lease or leave the property.
- Month-to-Month (30-Day Notice to Quit) – Unless parties have otherwise agreed in writing to a longer notice, both landlords or tenants are required to give the other party a full month’s notice if they intend to end a month-to-month tenancy.4
- Sale of Rental Unit (3-Day Notice) – A landlord may utilize this notice if the rental unit is being sold and the tenancy will cease to continue under new ownership. Tenants must be given three (3) days notice; tenants shall not have the option to correct (or “cure”) any issues in these cases.2
Evictions for nonpayment of rent may be avoided if the tenant pays the amount due by the notice deadline. Noncompliance evictions may not require an option to remedy, but in either circumstance, landlords must wait the full notice period before taking any further action towards eviction.
At the expiration of the eviction notice period, landlords may next choose to file a complaint in their Local District Court.
Forms to File:
A sheriff or any person 18 years of age or older who is not involved in the case may serve the tenant the Summons and Complaint in person. If the tenant can’t be found and served in person within the county, the landlord will file an affidavit verifying that the tenant couldn’t be served and the Summons was instead mailed to their last known address. If served personally, service of Summons must happen at least 3 days before the scheduled eviction hearing, otherwise, service has to be completed within 7 days of the scheduled hearing.7
Any improper service of the Summons and Complaint on the tenant does not automatically stop the eviction, however, this may still be presented in a hearing if and when the tenant defends their case.
A judicial referee will be assigned to eviction cases but either case may request a District Court Judge for their case instead within 7 days of service of the Summons and Complaint.7 If the judge rules in favor of the landlord, the tenant may request up to 5 additional days to prepare to move out.8
When the court rules in favor of the landlord, the tenant must move out by the deadline date given on the eviction order. If they do not leave by that date, a Writ of Execution takes effect and the sheriff will be directed to remove the tenant from the property.7
Video: Evictions in North Dakota
- § 47-32-02
- § 47-32-01
- § 47-16-15.2
- § 47-32-02
- § 47-32-04