North Dakota landlords seeking to remove tenants need clear guidance on the eviction process and laws, especially when rental issues threaten their portfolio. To help, this guide explains common grounds for eviction, every required legal step, typical timelines, and key protections outlined in North Dakota landlord-tenant laws.
How North Dakota Law Defines Eviction
An eviction in North Dakota occurs when a landlord uses the court system to remove a tenant after meeting all requirements in state law. The process must follow strict protocols, since any shortcut can disrupt the landlord’s ability to regain possession.
North Dakota places its eviction rules in the North Dakota Century Code (NDCC) Chapter 47-32, which outlines the legal grounds for eviction, required notices, and the procedural steps landlords must follow.
Eviction With Just Cause
Just cause in North Dakota means a landlord relies on a legally recognized reason to remove a tenant through the court process.
Landlords in North Dakota may evict tenants with just cause when tenants stop paying rent, breach a material lease term, commit waste, engage in unlawful activity, remain after the tenancy ends, or commit another evictable act.
These rules create firm expectations for both landlords and tenants. When trying to evict a tenant, landlords strengthen their position by documenting each just cause reason, as detailed records support their case in court and demonstrate full compliance with state requirements.
Applicable law: NDCC Chapter 47-32, NDCC Chapter 47-16
No-Fault Evictions
Landlords in North Dakota may end a fixed-term tenancy without just cause upon the lease’s stated expiration date. State law does not require landlords to renew a fixed-term agreement, thereby meaning the tenancy ends when the term finishes. If a tenant stays past that date, the landlord may file an eviction action for holding over.
Month-to-month tenants follow a different structure. Landlords end a month-to-month tenancy by giving written notice at least 30 days before the next rental period begins, which state law permits without just cause. After the notice period runs, the tenancy ends, and the landlord may seek possession if the tenant refuses to leave.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Grounds for Eviction in North Dakota
Landlords in North Dakota may remove tenants for several legally recognized reasons, including nonpayment of rent, violations of a material lease term, substantial damage to the property, unlawful activity, or holding over after the tenancy ends.
These grounds give landlords full authority to act when a tenant’s behavior disrupts the rental relationship.
Non-Payment of Rent
North Dakota law does not require a statutory grace period, so the lease controls when rent becomes late. If a tenant exceeds any grace period in the agreement (or if the lease includes no grace period at all), the landlord can issue a 3-Day Notice to Quit that demands full payment or orders the tenant to leave the property.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Lease Violations
A rental agreement sets the rules of the landlord-tenant relationship. When a tenant breaks those rules, landlords in North Dakota have cause to begin eviction proceedings.
A few examples of lease violations include:
- Hosting short-term paid guests every weekend in violation of a no-subletting clause.
- Keeping a large dog after signing a strict no-pet lease agreement.
- Installing an outdoor surveillance system that drills into the siding without written approval.
Lease agreements exist to protect both parties, so landlords and tenants benefit when they understand the terms clearly and avoid conduct that breaks these obligations.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Illegal Use of the Premises
Under North Dakota law, landlords may evict tenants who use the rental property for illegal activity. Whether a tenant operates an unlicensed cannabis grow in the garage, sells stolen goods from the living room, distributes drugs, or runs illegal gambling machines in a back bedroom, each illegal act creates valid grounds for eviction.
These violations threaten property safety and disrupt lawful use of the premises. Landlords protect their investment and the community when they act quickly to address criminal conduct.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Tenant Actions that Threaten Health or Safety
North Dakota law gives landlords the right to act when a tenant’s behavior creates a health or safety risk on a rental property. These violations can involve damage, neglect, or conduct that makes the unit unsafe or unfit for occupancy under the state’s warranty of habitability.
Common examples of health and safety violations in North Dakota include:
- Failing to dispose of garbage properly, attracting pests or mold.
- Disabling smoke or carbon monoxide detectors.
- Allowing unsanitary conditions that cause damage to floors, walls, or plumbing.
Landlords should document these issues immediately and give the tenant written notice to correct the problem. If the tenant ignores the notice or fails to resolve the violation, the landlord may move forward with eviction to protect the property and maintain a safe environment.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Destruction or Neglect of the Rental Unit
North Dakota law gives landlords the right to evict tenants who cause significant property damage or neglect the basic maintenance duties required by the lease. Damage beyond normal wear and tear, such as broken windows, stained flooring, or holes in walls, provides clear grounds for eviction.
Strong evidence builds a solid case if the issue goes to court and helps landlords recover repair costs or possession of the property.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Tenant is in a Month-to-Month Rental Contract
North Dakota landlords can end a month-to-month rental agreement without providing a specific reason. To do so, they must give the tenant a 30-day written notice using a valid 30-Day Notice to Terminate Tenancy.
If the tenant remains after the notice period expires, the landlord can file an eviction case in court to regain possession of the property and restore complete control of the rental unit.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
Step-by-Step Eviction Process in North Dakota
The eviction process in North Dakota follows a specific legal procedure that landlords must complete before regaining possession of a rental property.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
North Dakota landlords must initiate the eviction process by identifying the grounds for removal and serving the proper notice to the tenant. The type of notice depends on the situation, whether the tenant failed to pay rent, violated the lease, or remained after the lease expired. In some cases, tenants can correct the problem within the timeframe allowed by law to avoid further action. There are considered “curable” situations.
Certain violations, such as illegal activity or severe property damage, cannot be fixed, however. In those cases, landlords can move directly to filing an eviction case in court. North Dakota law requires that landlords serve notices properly, either by delivering them in person, leaving a copy at the tenant’s home, or mailing them to the tenant’s last known address. Correct service ensures the eviction process stays legally valid.
Notice Forms & Timelines
- 3-Day Notice to Quit for Nonpayment of Rent: Used when a tenant fails to pay rent. The tenant must pay the full balance within 3 days or vacate the property.
- 3-Day Notice to Quit for Lease Violation: Used when a tenant breaks a material lease term, such as keeping an unauthorized pet or damaging the unit.
- Immediate Notice to Quit for Illegal Activity: Used when a tenant engages in criminal conduct or behavior that threatens others’ safety.
- 30-Day Notice to Terminate Tenancy: Used to end a month-to-month rental agreement without cause.
Applicable law: NDCC Chapter 47-16, NDCC Chapter 47-32
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends, or the tenant fails to correct a curable violation, the landlord will file a Complaint for Eviction (forcible detainer action) with the North Dakota district court in the county where the property is located. This complaint asks the court to return legal possession of the rental unit to the landlord.
The landlord will pay a filing fee that usually ranges from $80 to $100 (depending on the county). After filing, the court clerk will issue a summons and set a hearing date. In the meantime, the landlord should prepare documents, photos, and witness statements to present the case and prove the tenant’s violation in court.
Applicable law: NDCC Chapter 47-32
3. Serve Court Summons Paperwork to the Tenant
Once the North Dakota court clerk sets a hearing date for the eviction, the landlord will arrange for the sheriff, deputy sheriff, or any adult over 18 who is not part of the case to serve the tenant with the Summons and Complaint for Eviction. The process server will then complete an Affidavit of Service that records when and how the documents were delivered. The landlord must file this affidavit with the court to confirm that service was made correctly.
The tenant will have the chance to respond before the hearing. If the tenant decides to contest the eviction, they will file a written Answer with the district court before the scheduled date. Both the landlord and tenant will appear in court on the assigned day to present their evidence and testimony.
Applicable law: NDCC Chapter 47-32, North Dakota Rules of Civil Procedure Rule 4
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant, or their attorneys, will appear before a North Dakota district court judge. Each side will present its case. The landlord will explain the grounds for eviction and provide supporting documents, while the tenant will have an opportunity to present defenses or evidence.
During the hearing, the judge will review everything submitted to the court. The judge may request additional proof, such as rent receipts, the lease agreement, photographs, or witness statements. After hearing both sides, the judge will consider all the information before deciding the outcome.
Applicable law: NDCC Chapter 47-32
5. Court Reaches a Ruling
After reviewing all testimony, documents, and evidence, the North Dakota district court judge will reach a ruling. This decision usually occurs within a few days of the eviction hearing, though some judges may decide immediately in the courtroom. The court will issue a written Judgment for Possession that confirms who has the legal right to occupy the property.
If the judge rules in favor of the tenant, they will remain in the rental unit under the lease terms. If the judge rules in favor of the landlord, the landlord will receive a court order granting possession of the property. The tenant will have 30 days to file an appeal and must post any required bond to delay enforcement during that process.
Applicable law: NDCC Chapter 47-32, North Dakota Rules of Appellate Procedure Rule 4
6. Judge Issues a Judgment for Possession
When the judge rules in favor of the landlord, the court will issue a Judgment for Possession. This document gives the landlord the legal right to retake the rental property and signals the next phase of the eviction process. The tenant will have a brief window, usually a few days, to vacate voluntarily before law enforcement becomes involved.
If the tenant stays beyond that deadline, the landlord will request a Writ of Execution from the district court. This writ authorizes the sheriff to remove the tenant and return the property to the landlord. The writ ensures that the court’s decision is carried out properly under North Dakota law.
Applicable law: NDCC Chapter 47-32, North Dakota Rules of Civil Procedure Rule 69
7. Law Enforcement Executes the Writ of Execution
If the deadline passes and the tenant still has not vacated the rental property, the landlord will contact the county sheriff to enforce the Writ of Execution. In North Dakota, only the sheriff or a deputy sheriff can carry out the physical eviction and return the property to the landlord. Law enforcement will set a date for removal and ensure that the process follows state law.
Once law enforcement removes the tenant, the landlord will regain full possession of the property. North Dakota law does not provide statewide rules for handling personal belongings left behind after an eviction. As such, landlords may use reasonable discretion when storing or disposing of abandoned property, but should document their actions carefully to avoid later disputes.
Applicable law: NDCC Chapter 47-32
Tenant Defense Against Eviction in North Dakota
An eviction can impact nearly every part of a tenant’s life. It can lower credit scores, limit future housing options, and create financial and emotional strain. Even so, tenants in North Dakota have rights and can take steps to protect themselves during the eviction process.
Tenants who act quickly often reduce the risk of removal. Paying what is owed, correcting a lease violation, or maintaining communication with the landlord can help prevent the situation from escalating. Keeping detailed records of notices, payments, and correspondence also helps tenants build a stronger defense if the case reaches court.
When the process becomes difficult to manage, tenants should seek legal assistance. Free or affordable guidance is available through Legal Services of North Dakota, which provides housing and eviction defense support for qualifying residents.
Timelines to Expect
In North Dakota, an eviction can be completed in 2 to 8 weeks, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session, and other various possible delays.
Below are the parts of the North Dakota eviction process that are outside landlords’ control for uncontested cases.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-31 Calendar Days |
| Court Issuing/Serving Summons | 3-7 Business Days |
| Court Ruling | 3-15 Business Days |
| Court Serving Writ of Execution | ~1-3 Calendar Days |
| Final Notice Period | 3-5 Calendar Days |
Flowchart of the North Dakota Eviction Process
North Dakota Eviction Court Fees
The average cost of an eviction in North Dakota, including all filing, court, and service fees, is $190. Eviction cases shall be filed in the District Court where the dwelling unit is located.
| Fee | District |
| Initial Court Filing | $80 |
| Summons Service | ~$30+ |
| Writ of Execution Service | $30 |
| Writ of Execution Enforcement | $50 |
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