Evicting a tenant in North Dakota can take around 2 to 8 weeks, depending on the reason for the eviction. If tenants request a stay of execution, the process could take longer.
Grounds for an Eviction in North Dakota
In North Dakota, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 3 Days | Maybe |
| Illegal Activity | 3 Days | No |
Nonpayment of Rent
In North Dakota, a landlord can evict a tenant for not paying rent within the 3 day grace period of the day rent is due.
To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant an opportunity to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in North Dakota the day immediately after its due date. North Dakota landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on March 1st, it will be considered late starting on March 4th, unless the lease specifically states there is a longer grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In North Dakota, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In North Dakota, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under North Dakota landlord tenant law. To do so, the landlord must first serve the tenant a 3 days’ notice to comply or vacate.
Landlords are not legally required to allow tenants to correct the violation. So, at the discretion of the landlord, the tenant can either fix the issue or move out.
Examples of lease violations include:
- Allowing an unauthorized occupant or pet to reside in the rental unit
- Causing minor property damage
- Failing to maintain the rental unit in a clean and sanitary manner
- Disturbing the peaceful enjoyment of other tenants
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In North Dakota, a landlord can evict a tenant for committing an illegal activity. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate.
The tenant does not have the option to correct the violation and must move out within the 3 day period.
In North Dakota, illegal activity includes:
- Causing substantial property damage
- Threats of force or violence
- Intimidation or menacing conduct
- Failing to move out after receiving notice about the sale of the premises
- Unlawfully holding or keeping possession of the premises
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in North Dakota
In North Dakota, there are a few different types of evictions that are illegal. If a landlord is found liable for a self-help eviction, they could be liable for attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
While in most states it is illegal for a landlord to evict a tenant in response to exercising a legally protected right, there are no anti-retaliation statutes in North Dakota.
North Dakota has no statutes prohibiting landlord retaliation when a tenant exercises a legal right such as:
- Joining a tenant’s union
- Making a complaint to a governmental agency
- Filing a complaint against the landlord
In North Dakota, all eviction processes follow the same steps:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court for unresolved issues
- Court holds a hearing and issues a judgement.
- Writ of execution is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit
In North Dakota, if a tenant is late on paying rent and the balance due is not paid within the 3 day grace period (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in North Dakota, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice does not change.
3-Day Notice To Comply or Vacate
In North Dakota, if a tenant commits a violation of the terms of their lease or legal responsibilities, the landlord can serve them a 3-Day Notice To Comply or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.
3-Day Notice To Vacate
In North Dakota, if a tenant causes substantial property damage or commits an illegal activity, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, North Dakota landlords must file a complaint in District Court. In the state of North Dakota, this costs $80 in filing fees.
The summons and complaint may be served on the tenant by a sheriff or anyone else over the age of 18 who isn’t part of the case, at least 3 days prior to the hearing by delivering a copy to the tenant in person.
If the tenant cannot be found in the county, a sheriff or anyone else over the age of 18 who isn’t part of the case must show proof that there was at least one attempt to serve the tenant in person between the hours of 6:00 pm to 10:00 pm.
The landlord, or the landlord’s representative, shall file an affidavit and must send a copy of the summons and complaint to the tenant’s last known address. The sheriff or process server must post the summons on the door of the residential unit. This service must be completed at least seven days prior to the hearing.
The summons and complaint must be served on the tenant 3 to 7 days prior to the eviction hearing.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing will be held 3-15 days after the date the summons was issued by the court.
If the tenant fails to appear for the hearing, the judicial officer may issue a default ruling in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord, a writ of execution will be issued, and the eviction process will continue.
The eviction hearing will be held no earlier than 3 days, nor later than 15 days, after the date the summons was served on the tenant.
Step 4: Writ of Execution is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and may be issued at the hearing. It will not be enforced, however, until after the move-out date on the order for eviction.
For example, if the order for eviction states that the tenant has three days to move out of the rental unit, the tenant will not be forcibly removed before the 3 days is up.
The writ of execution may be issued the same day as the hearing, but will not be enforced until the court-ordered deadline to move out has expired.
Step 5: Possession of Property is Returned
The judicial officer will select an eviction date at the hearing, and the tenant must move out of the rental unit on or by that date or the sheriff will return to forcibly remove the tenant.
Tenants can request a 5-day stay of execution if moving out immediately would create a hardship for the tenant and/or members of the tenant’s family.
Possession of the property will be returned within 5 days, unless a stay of execution is granted.
North Dakota Eviction Process Timeline
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 outside the control of landlords for cases that go uncontested.
| 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 North Dakota Eviction Process
North Dakota Eviction Court Fees
The average cost of an eviction in North Dakota for all filing, court, and service fees is $190. Eviction cases shall be filed in 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 |
Sources
- 1 ND Century Code §47-32-01 (2019)
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4. 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.
- 2 ND Century Code §47-32-02 (2019)
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In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days’ written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted.
- 3 ND Century Code §47-16-15 (2019)
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1. A lease of real property for a term not specified by the parties…unless one of the parties gives notice to the other of an intention to terminate the lease…not exceeding one calendar month.
2. In tenancies from month to month…either party may terminate the tenancy by giving at least one calendar month’s written notice…
- 4 ND Century Code §47-32-01 (2019)
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7. A lessee or a person on the premises with the lessee’s consent acts in a manner that unreasonably disturbs other tenants’ peaceful enjoyment of the premises.
8. The lessee violates a material term of the written lease agreement between the lessor and lessee.
- 5 ND Century Code §47-32-01 (2019)
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5. A party continues in possession after a sale of the real property under mortgage,
execution, order, or any judicial process and after the expiration of the time fixed by law for redemption, or after the execution and delivery of a deed, or after the cancellation and termination of any contract for deed, bond for deed, or other instrument for the future conveyance of real estate or equity in the real estate. - 6 ND Century Code §47-32-01 (2019)
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1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same.
2. A party, after peaceably entering upon real property, turns out by force, threats, or
menacing conduct the party in possession.3. A party, by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the possession was acquired peaceably or otherwise.
- 7 Kipp v. Lipp, 495 N.W.2d 056 (N.D. 1993)
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It is illegal for a landlord to physically lock a tenant out of his/her unit.
- 8 ND Century Code §47-32-02 (2019)
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…If the person cannot be found in the county…and service has been attempted at least once between the hours of six p.m. and ten p.m. …and a copy of the summons has been mailed to the defendant at the defendant’s last-known address…service of the summons may be made…by…posting the summons upon the door of the residential unit…
- 9 ND Century Code §47-32-02 (2019)
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In any action for eviction the time specified in the summons for the appearance of the defendant may not be fewer than three nor more than fifteen days from the date on which the summons is issued…
- 10 ND Century Code §47-32-04 (2019)
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Upon a showing by the defendant that immediate restitution of the premises would work a substantial hardship on the defendant or the defendant’s family, except in cases in which the eviction judgment is based in whole or in part on a disturbance of the peace, the court may stay the special execution for a reasonable period, not to exceed five days.
- 11 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 - 12 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
