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
North Dakota law is not specific on requirements for serving an initial eviction notice other than requiring some written notice, so landlords may use any method which conveys the necessary information in an effective manner. The following methods, used for serving official court business, represent the legal gold standard in the state:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion living at the tenant’s address, who can accept the notice on behalf of the tenant
- Delivery by mail or courier service, return receipt requested, addressed and delivered to the tenant
Notice periods begin counting from when notice is delivered, not when sent.
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
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 |
Sources
- 1 ND Century Code §47-32-01
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A lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the lessee’s term, or fails to pay rent for three days after the rent is due.
Source Link - 2 North Dakota Court Rules of Civil Procedure - Rule 4
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How Service Made Within the State. Personal service of process within the state must be made as follows:
(A) Serving an Individual Fourteen Years of Age and Older. Service must be made on an individual 14 or more years of age by:
(i) delivering a copy of the summons to the individual personally;
(ii) leaving a copy of the summons at the individual’s dwelling or usual place of residence in the presence of a person of suitable age and discretion who resides there;
(iii) delivering, at the office of the process server, a copy of the summons to the individual’s spouse if the spouses reside together;
(iv) delivering a copy of the summons to the individual’s agent authorized by appointment or by law to receive service of process; or
(v) any form of mail or third-party commercial delivery addressed to the individual to be served and requiring a signed receipt and resulting in delivery to that individual.
Source Link - 3 North Dakota Court Rules of Civil Procedure - Rule 6(e)
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Additional Time After Service Made by Mail or Third-Party Commercial Carrier.
If service is made by mail or third-party commercial carrier under Rule 4, the prescribed period begins running upon delivery.
Source Link
