Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of North Dakota and understand their responsibilities.
Quick Facts for North Dakota
- Grounds for Eviction: Failure to pay rent, lease term violations, causing undue disturbance to other tenants’ “peaceful enjoyment” of property & remaining on property after lease expiry
- Notice Required for Nonpayment of Rent: 3-Day Unconditional Notice to Quit
- Notice Required for Eviction without Cause: 30-Day Notice to Quit for month-to-month tenants
- Notice Required for Lease Violations: 3-Day Unconditional Notice to Quit
- Fastest a Landlord Can Evict for Illegal Acts: 3 days, via Unconditional Notice to Quit
How Long Does it Take to Evict a Tenant in North Dakota?
An eviction in the state of North Dakota may be expected to take less time than evictions in many other states. This is due to the fact that state law does not require the landlord to provide his/her tenant with an opportunity to remedy violations to the terms of a written lease, and allows the landlord to provide a minimum 3-Day Unconditional Notice to Quit in most cases. If the landlord seeks to reclaim a rental property from an “at-will” tenant, he/she must provide his/her “at-will” month-to-month tenant with a written 30-Day Notice to Quit.
If the tenant fails to vacate the rental property within the time provided in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer.
Ultimately, the amount of time it will take for a landlord to evict a tenant in the state of North Dakota, will depend on whether the tenant has a written lease or is an “at-will” tenant and the tenant’s willingness to fight the eviction.
Reasons for Eviction in North Dakota
The state of North Dakota has established eight reasons for which a person may be evicted from a property. These include four reasons that are directly related to the landlord/tenant relationship. These reasons are:
- Failure to pay rent (N.D. Chapter 47-32-01 (4))
- Violation of the terms of the written lease (N.D. Chapter 47-32-01 (8))
- Causing undue disturbance, or allowing other household members or guests to cause undue disturbance, to other tenant(s) “peaceful enjoyment” of the property (N.D. Chapter 47-32-01 (7))
- The tenant remains on the rental property after his/her lease has expired (N.D. Chapter 47-32-01 (4))
The landlord’s required response when seeking to evict a tenant for any of these offences is to provide the tenant with a written 3-Day Unconditional Notice to Quit. Only in the case of unpaid rent is there a delay in this process. A landlord is not allowed to send a 3-Day Unconditional Notice to Quit to a tenant for failure to pay rent until the rent is three days past due. If the tenant fails to vacate the rental property within the three days provided, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
Eviction for Failure to Pay Rent
If a tenant fails to pay owed rent within three days of the agreed upon due date, the landlord shall provide his/her tenant with a written 3-Day Unconditional Notice to Quit. This notice will provide the tenant with notice of the landlord’s intention to reclaim the rental property and provide the tenant with three days to vacate the rental property. If the tenant fails to vacate the property within the three days provided, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
Eviction if Rent has Been Paid
In the state of North Dakota, a landlord may seek to evict a tenant who is renting without the benefit of a written lease, referred to as an “at-will” tenant, without cause. In order to evict a month-to-month “at-will” tenant, the landlord is required to provide the tenant with a written 30-Day Notice to Quit. If the tenant remains on the rental property beyond the thirty days provided in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
Evicting a Tenant For Violation of Rental Agreement/Lease
In the state of North Dakota, a landlord is not required to provide his/her tenant with an opportunity to correct a material violation to the terms of the rental agreement. A landlord must, however, provide his/her tenant with a 3-Day Unconditional Notice to Quit. If the tenant remains on the rental property beyond the three days provided in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
Evicting a Tenant for Illegal Behavior
The state of North Dakota provides no special recourse to landlords who are seeking to evict a tenant for illegal activity. The landlord must provide the tenant with a 3-Day Unconditional Notice to Quit as with any other violation of the terms of the lease or rental agreement. If the tenant fails to vacate the property within the three days provided, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
How Does a Landlord Evict a Tenant in North Dakota When There is no Lease?
When dealing with an “at-will” tenant, a North Dakota landlord, must provide the tenant with notice of his/her intention to discontinue the rental arrangement. If the landlord is renting on a month-to-month basis, the landlord must provide the tenant with a 30-Day Notice to Quit. If the tenant remains on the property past the amount of time allowed, the landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court.
When Can a Tenant Not Be Evicted in North Dakota?
It is illegal in the state of North Dakota for a landlord to attempt to evict a tenant in retaliation for joining a tenant’s group or union, or for exercising his/her rights to file a claim with the appropriate governing agency. It is also illegal for a landlord to attempt to evict a tenant based on his/her sex, sexual orientation, race, nation of origin, religion, disability status, or familial status.
Once a Notice has Expired
The landlord may proceed with the eviction process by filing a Summons and Complaint in Unlawful Detainer with the court. The hearing will generally be held between three and 15 days after the Summons and Complaint is served. The Summons and Complaint must be served by the sheriff or a process server. Service may be made by personal delivery or, if the tenant cannot be located, a copy may be posted on the door of the rental unit and a second copy mailed to the tenant’s last known address.
The hearing will be held in front of a judge, and the landlord has the burden of proving his/her claim.
Once Eviction Occurs
If the court rules in favor of the landlord, the court will issue a judgement granting the landlord permission to reclaim the property and providing the tenant with five days to vacate the rental property. If the tenant fails to vacate the property within the five days provided by the court, the landlord may request a Writ of Restitution. The landlord may give the writ to the sheriff who will physically evict the tenant from the rental property. If the tenant fails to remove all of his/her personal property at the time of eviction, the landlord is required to store these remaining items for 30 days. The landlord is required to provide the tenant with the opportunity to reclaim his/her personal property. The tenant is required to pay all storage costs for items left behind at the rental property after his/her eviction.
Make sure to read the North Dakota Century Code §§ 47-32-01 to 47-32-04 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.