If you’re a landlord seeking to evict a tenant, use a North Dakota (ND) eviction notice to begin the process. Your eviction notice must be written according to North Dakota state law, and give your tenant the legally required amount of time to respond or move out.
In North Dakota, eviction lawsuits are governed by Chapter 47-32 of the North Dakota Century Code. Before filing a lawsuit against your tenants, you need to serve them a state-approved eviction notice like those offered below.
An eviction notice in North Dakota is also known as:
- North Dakota Notice of Intention to Evict
- North Dakota Demand for Rent
- North Dakota Lease Termination
- North Dakota Notice to Vacate
- North Dakota Notice to Quit
North Dakota Eviction Notices by Type
Download a free eviction notice customized for North Dakota state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month to month lease, and that they must prepare to leave your property. In North Dakota, landlords must give tenants 30 days’ notice to move out if they’re on a month to month lease.
3-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In North Dakota, landlords must give tenants 3 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In North Dakota, landlords must give tenants 3 days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Laws: North Dakota Century Code Chapter 47-32
- Rent Payment Grace Period: 3 days § 47-32-01
- Late or Non-Rent Payment Notice: 3 days § 47-32-01
- Violation of Material Lease Terms Notice: 3 days § 47-32-01
- Wrongful Possession of Property or Force of Threat: No notice required.
What is the Eviction Process in North Dakota?
Step 1: Serve an Eviction Notice
To begin the eviction process in North Dakota, you first need to serve your tenant with the appropriate North Dakota eviction notice. Service of process in eviction cases is governed by Rule 4 of North Dakota’s Rules of Civil Procedure.
The eviction notice must contain sufficient information to let the tenant know which lease provision(s) they’ve violated, and what they can possibly do to avoid being evicted.
Step 2: File an Eviction Lawsuit with the Court
At this point, the tenant has three choices:
- Pay their late rent (if applicable)
- Fix (or “cure”) the violation (if applicable)
- move out of the property,
If they don’t meet the demands of the eviction notice within the given timeframe, the landlord can file an eviction lawsuit in court. The court the landlord files for the eviction is determined by the district the rental property is located.
Step 3: Attend the Court Hearing
After the landlord files the case and pays the filing fee, the trial court will schedule a hearing. The tenant will be served with a summons notifying them of the hearing date and requesting them to attend.
If the landlord fails to attend the hearing, the case could be dismissed. If the tenant fails to attend, the court could enter a default judgment in the landlord’s favor.
Step 4: Wait for the Outcome
If the district court finds that the landlord has proven their right to repossess the property and collect damages, it will enter a judgment for possession. A tenant’s failure to promptly vacate the property after this judgment has been entered can result in additional financial sanctions, particularly if the landlord must return to court to seek a writ of possession.
Related North Dakota Court Forms
Instructions: Informational packet to help landlords understand what to do and expect during the eviction process.
Notice to Evict (Form 1a): This form demand payment of rent by a tenant or else they must give up the property.
Notice to Evict (Form 1b): This form states that the tenant has violated the lease agreement and they must move out.
Affidavit of Identification: Sets forth the landlord’s identification information, the tenant’s identification information, and whether the tenant is in the military.
Statement of Costs & Disbursements: Allows the landlord to collect damages associated with the eviction action, as well as those associated with the underlying eviction itself.
The summons and complaint forms below are used when the eviction notice goes unheeded and the landlord seeks a court order removing the tenant.
Eviction Information for North Dakota Landlords and Tenants
The North Dakota Apartment Association (NDAA) has prepared a brochure detailing landlord and tenant rights and responsibilities under state law. Meanwhile, the North Dakota Legal Self-Help Center has many sample forms, complaints, and instructions to help you get started if you’ve never issued a North Dakota eviction notice before.
The Legal Self-Help Center has also prepared a tenants’ rights booklet containing much of the same information covered here. Depending on the circumstances, tenants may be able to fight back against eviction to stay in the home.
It’s extremely important to read all notices that arrive at your home, even if you’d rather not think about eviction at that time. Only by reading these notices will you know what comes next and what you should do.
For tenants facing eviction, the following websites can provide more extensive information on how to access legal help: