How to Serve an Eviction Notice in North Dakota

How to Serve an Eviction Notice in North Dakota

Last Updated: March 27, 2023 by Marnie Snyder

In North Dakota, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in North Dakota?

In North Dakota, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in North Dakota?

In North Dakota, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.

For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, the landlord can serve notice anytime after the legal grace period. In North Dakota, rent is late starting the day after the three (3) calendar day grace period expires.  

Acceptable Forms of Service in North Dakota

A landlord can deliver eviction notices in North Dakota using any of the below acceptable methods:

  1. Handing the notice to the tenant in person;
  2. Handing the notice to a person of suitable age and discretion (age 14 or older) AND mailing the notice by certified mail with a signed return receipt;
  3. Posting the notice in a conspicuous place at the premises AND mailing the notice by certified mail with a signed return receipt.

If multiple attempts to deliver the eviction notice in person have failed, with at least one attempt between the hours of 6pm-10pm, the eviction notice may be posted at the premises.

If the eviction notice is sent by certified mail, the notice takes effect the same day the notice is delivered by mail.

Obtaining Proof of Service in North Dakota 

Landlords can show proof that the eviction notice was delivered through the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery.
  • Certified Mail – by keeping the signed return receipt and completing a Declaration of Service.
  • Posting at the Premises – by taking a photograph of the notice and completing a Declaration of Service.

North Dakota Eviction and Lease Termination Notice Forms

Notice Form Grounds
3 Day Notice to Quit Eviction for Unpaid Rent
3 Day Notice to Comply or Vacate Eviction for Lease Violation
3 Day Notice to Vacate Eviction for Illegal Activity

Eviction for Substantial Property Damage

30 Day Notice to Vacate End of / No Lease