North Dakota eviction notices relay to a tenant that their landlord intends to terminate their lease while providing them with a notice period during which they can move out before any legal action is taken. The notice also informs the tenant of the cause for the termination of their lease, either for non-payment of rent or for a lease violation. Month-to-month tenancies can be terminated without cause.
In cases of non-payment of rent, the tenant can avoid eviction by paying the landlord the full amount that is owed to them within three (3) days. If a tenant has broken the terms of their lease, state law does not require the landlord to give them an opportunity to correct their violation(s). For month-to-month leases, both the landlord and tenant are legally permitted to cancel their lease agreement as long as they give the other party at least one (1) month’s notice.
3-Day Notice to Quit for Non-Payment – Informs a tenant that they have three (3) days to pay delinquent rent or move out before facing eviction.
3-Day Notice to Quit for Non-Compliance – Relays a tenant’s breach of their lease’s terms and gives them three (3) days’ notice to vacate the premises or be evicted.
1-Month Notice to Terminate Month-to-Month Lease – The landlord or tenant in a monthly tenancy can use this document to give the other party one (1) month’s notice that the agreement will terminate with one (1) month’s notice.
- Grace Period: Not mentioned in state statutes.
- Non-Payment of Rent (§ 47-32-01(4) and § 47-32-02): Three (3) Days
- Lease Non-Compliance (§ 47-32-01(8) and § 47-32-02): Three (3) Days
- Periodic Tenancy Termination (§ 47-16-15(2)): One (1) Month
- Illegal Activity: Not mentioned in state statutes.
In North Dakota, landlords are not legally permitted to perform “self-help” evictions by forcibly removing a tenant from their property, changing the locks, or turning off utilities. Landlords must instead serve a written notice to their tenants in accordance with state requirements before an eviction can take place. Furthermore, legal action can only be pursued if the tenant fails to comply with such notice within the allotted period. In an eviction lawsuit, the landlord can recoup unpaid rent, court fees, and other damages if the court’s verdict is in their favor.
Step 1 – Download and Complete Notice to Quit
Before a tenant can be evicted from a landlord’s property, the landlord must give them written notice in accordance with state law. The forms provided below can be downloaded and filled-out to be used for cases of non-payment of rent, breach of the rental agreement, or to terminate a month-to-month lease.
- 3-Day Notice to Quit for Non-Payment
- 3-Day Notice to Quit for Non-Compliance
- 1-Month Notice to Terminate Month-to-Month Lease
Step 2 – Deliver the Notice to the Tenant
The landlord cannot serve an eviction notice on a tenant themselves. Instead, they are required to hire a professional process server, law enforcement officer, or have an adult (eighteen years of age or older) to deliver the document in person or by mail. After service has been completed, the server must fill out and sign an Affidavit of Service by Personal Delivery or Affidavit of Service by Mail. This affidavit, along with a copy of the notice, will need to be kept by the landlord in case an eviction lawsuit becomes necessary.
Step 3 – File Eviction Complaint with District Court
If the tenant does not comply with an eviction notice, the landlord can begin legal action to have them removed from the property. To accomplish this, the landlord must fill out and sign the Eviction Complaint and Summons forms. These forms, together with the expired eviction notice, Affidavit of Service, and a copy of the lease, must be filed with the District Court associated with the county in which the rental property is located. The Findings of Fact, Conclusions of Law, Order and Eviction Judgment forms must also be filed with the landlord’s Complaint (to be completed by the judge at the eviction hearing). When the Complaint is filed, the Clerk of Court will set a hearing date which will be indicated on the Summons form.
The filing fee for an eviction case is $80 (see District Court Fees for a list of all possible fees).
Step 4 – Serve Complaint and Summons
After filing the lawsuit, the landlord will need to serve a copy of the Complaint along with the Summons form on the tenant. Again, the documents must be served by a third party. After delivering the Summons, the server will need to fill out an Affidavit of Service by Personal Delivery or Mail, depending on the method of service. The Affidavit of Service will also need to be filed with the court.
Step 5 – Defendant’s Response
If the tenant disagrees with the landlord’s Complaint, they can file an Answer with the court to provide their defense. The tenant must serve a copy of the Answer on the landlord and file an Affidavit of Service as described above. In some cases, the tenant may be required to file an Answer in order for the hearing to take place.
Step 6 – Attend Hearing
Both parties must appear at the eviction hearing on-time. If the tenant misses the hearing, the case will be judged in the landlord’s favor. If the landlord does not appear at the hearing or is late, the hearing will proceed without them and the case will likely be dismissed. At the hearing, the judge will hear both sides present their case, as well as any witnesses, and review the evidence.
Step 7 – Verdict
Upon reaching a verdict, the judge will complete the Findings of Fact, Conclusions of Law, Order and Eviction Judgment forms to record their conclusions. If a judgment is made in favor of the landlord, they may be required to complete and file a Statement of Costs & Disbursements (to be compensated for court costs) and/or an Affidavit of Identification (which attests to the landlord’s knowledge of the defendant’s military service or lack thereof). The Judgment form will state the date by which the tenant must vacate the premises and any monetary rewards that must be paid to the landlord (if a money judgment is granted). If the tenant wins the case, they will be able to continue their tenancy and may receive damages from the landlord to cover court fees.
Step 8 – Writ of Eviction
If the tenant does not move out by the date assigned in the judgment against them, the landlord can request a Writ of Eviction from the Court Clerk. Once the Writ has been filed, the County Sheriff will be ordered to remove the tenant from the landlord’s property.
- Affidavit of Service by Personal Delivery
- Signing: Server
- Affidavit of Service by Mail
- Signing: Server
- Affidavit of Identification
- Signing: Plaintiff
- Answer Form
- Signing: Defendant
- Eviction Complaint
- Signing: Plaintiff
- Eviction Judgment
- Signing: Judge/Clerk of Court
- Eviction Summons
- Signing: Plaintiff
- Findings of Fact, Conclusions of Law, Order
- Signing: Judge
- Statement of Costs & Disbursements
- Signing: Plaintiff/Defendant, Notary Public, Clerk of Court, and Server
- Writ of Eviction
- Signing: Clerk of Court