North Dakota Eviction Process & Laws | Free ND Eviction Notices

A North Dakota eviction starts with the landlord signaling to their tenant that there is an issue or they would like to cancel a month to month lease arrangement through the notice to quit. After the form has been served, and the tenant has not cured or vacated, the landlord may begin the process by following the Eviction Instructions. The landlord will be required to complete the Complaint and Summons and return to the District Court Clerk's Office. Afterwards, the tenant will be served the papers and may defend themselves by using an attorney or by reading the information located within their Rights & Responsibilities.

NonPayment Laws - 3 days § 47-32-01(4)

NonCompliance Laws - No statute

Month to Month Laws - 30 days § 47-16-07

Eviction Laws - Title 47, Chapter 32

Types of Notice

North Dakota 3 Day Notice to Pay or Quit | NonPayment of Rent

The North Dakota three (3) day notice to pay or quit, according to Chapter 47-32, can be used to evict a tenant for failing to pay rent, breaching the lease agreement, damaging property, disturbing the peace, or conducting illegal activity on the premises of the rental property. The notice cannot…

North Dakota 30 Day Notice to Quit | Tenancy at Will

The North Dakota thirty (30) day notice to quit, in accordance with 47-16-07, is to be served on a month-to-month tenant to notify them of the landlord’s intention to terminate the rental/lease agreement. The notice cannot be served by the landlord (it must be served by a third party such as…

Process How to Evict a Tenant

North Dakota State law requires that tenants receive a minimum of three (3) days notice before a landlord can file an eviction action in court against a tenant. Although evictions are usually due to non-payment of rent, tenants can also be evicted if they damage property, commit illegal activity, fail to vacate after the rental period expires, or disturb the peace. The three day notice to quit/pay cannot be served to the tenant by the landlord, it must be served by a third party. The notice can be served personally, through certified mail, or by the Sheriff. If the notice is served personally or via mail, an affidavit of service must be filled out.

Step 1 – The first step to evicting a tenant is serving them the notice. If the tenant fails to take any action (i.e. pay rent, vacate the unit, cure the violation), the landlord can file an eviction lawsuit.

Step 2 – File a Summons and Complaint in the district court of the county where the rental property is located. After filing the forms and paying the filing fee, a copy of the Summons and Complaint must be served on the tenant. Again, the notice must be served by a third part and an affidavit of service must be completed by the server.

Step 3 – After the Complaint/Summons have been served on the tenant the following forms must be filed with the clerk:

– Summons

– Complaint

– Summons/Complaint Affidavit of Service

– Eviction Notice

– Eviction Notice Affidavit of Service

– “Findings of Fact, Conclusions of Law, Order and Judgement”

– Judgement

Step 4 – Both the landlord and tenant must show up on the date of the hearing. Bring any relevant documentation (lease agreement, payment history, etc.) and evidence. If the Judge rules in favor of the landlord, the tenant will be required to vacate the rental unit (and may be ordered to pay any back rent/legal fees to the landlord). If the tenant does not move out within the time frame specified by the Judge, the landlord can make a request in court that the Sheriff evict the tenant from the premises of the rental property.