A North Dakota eviction notice is essential for property owners, landlords, or property management companies initiating the eviction process due to tenant violations of lease terms, including rent non-payment. This notice is tailored to North Dakota state law, providing a formal starting point for addressing lease breaches and allowing tenants the required time to respond or vacate the premises.
North Dakota Eviction Notices by Type
Eviction Laws & Requirements
- Eviction Laws: North Dakota Century Code Chapter 47-32.
- Rent Payment Grace Period: No statute.
- Late or Non-Payment of Rent Notice: 3 days (NDCC § 47-32-01).
- Violation of Material Lease Term Notice: 3 days (NDCC § 47-32-01).
- Lease Termination (Month-to-Month): 30 days (NDCC § 47-16-07).
How to Evict a Tenant in North Dakota?
Chapter 47-32 of the North Dakota Century Code governs the eviction process in North Dakota. Before filing an eviction lawsuit against your tenants, you must serve them a state law-compliant notice.
Step 1: Serve Notice
To begin the eviction process, you must first serve your tenant with the appropriate notice (via first-class mail, registered or certified mail, process server, or personal service).
Service of process in eviction cases is governed by Rule 4 of the North Dakota Rules of Civil Procedure.
The eviction notice must contain the tenant’s full name and sufficient information to inform the tenant of the lease term they’ve violated and how to avoid evicting.
Step 2: File and Serve Eviction Summons and Complaint
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 the tenant doesn’t meet the demands stated in the notice within the given time period, the landlord can start the court eviction process.
The landlord files the Eviction Summons and Complaint with the district court in the county where the rental property is located and serves a copy of the Summons and Complaint on the tenant.
Step 3: Eviction Hearing
The court will schedule a hearing after the landlord files the Eviction Summons and Complaint and pays the filing fee.
The Summons will notify the tenant of the hearing date, time, and location and that they must attend.
The case could be dismissed if the landlord fails to attend the hearing. The court could enter a default judgment in the landlord’s favor if the tenant fails to attend.
Step 4: Outcome
If the district court finds that the landlord has proven the 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.
This is particularly true if the landlord must return to court to seek a writ of possession or writ of execution.
Related Court Forms
- Instructions: Informational packet to help landlords understand what to do and expect during the eviction.
- Notice of Intention to Evict (Form 1a): This form demands payment of rent by a tenant, or else they must vacate the property.
- Notice of Intention to Evict (Form 1b): This form states that the tenant has violated the lease agreement and they must move out.
- Affidavit of Identification: This document sets forth the landlord’s identification information, the tenant’s identification information, and whether the tenant is in the military.
- Statement of Costs & Disbursements: This document allows the landlord to collect damages associated with the eviction action and those associated with the underlying eviction itself.
The summons and complaint forms below are court documents used when the notice goes unheeded and the landlord seeks a court order to remove the tenant.