Steps of the eviction process in North Dakota:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing & issues judgement.
- Writ of execution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in North Dakota can take around two to eight 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 lease terms or sale of a rental unit. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 3 Days | Maybe |
End of / No Lease | 1 Month | No |
Lease Violation | 3 Days | No |
Sale of Rental Unit | 3 Days | No |
Eviction for Nonpayment of Rent
In North Dakota, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in North Dakota the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days); however, weekends and legal holidays are excluded.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In North Dakota, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (1 month for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease Terms or Responsibilities
In North Dakota, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities. To do so, the landlord must give 3 days’ notice to move out. The tenant does not have the opportunity to correct the issue and must vacate.
Tenant responsibilities include:
- Complying with all building and housing codes that materially affect health and safety.
- Keeping the dwelling unit safe and clean.
- Removing all ash, garbage, rubbish and other waste from the dwelling unit and disposing it in a clean and safe manner.
- Keeping all plumbing fixtures clean.
- Using all appliances and facilities in a reasonable manner.
- Not deliberately or negligently destroying, damaging, impairing or removing any part of the unit.
- Not disturbing the neighbor’s peaceful enjoyment of the premises.
Examples of lease violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Damaging the rental unit.
- Creating an unreasonable peace disturbance.
- Allowing trash to pile up in the rental unit.
- Disturbing the peaceful enjoyment of other tenants.
- Threatening others.
- Entering the dwelling unit with force, intimidation, fraud, violence or stealth.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Sale of Rental Unit
In North Dakota, a landlord can evict a tenant if the rental unit is being sold , and the tenancy will not continue under the new owners. To do so, tenants must be given 3 days’ notice to vacate without the option to stay in the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in North Dakota
In North Dakota, certain actions by landlords can make an eviction illegal.
“Self-Help” Evictions
No matter the situation, 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 (i.e., joining a tenant’s union or making a complaint to a governmental official regarding a habitability issue).

Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in North Dakota by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving it to the tenant in person.
- Mailing the notice to the tenant’s last known address.
- Posting a copy of the notice in a conspicuous place at the rental unit if the tenant cannot be found.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in North Dakota, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 calendar days to pay the entire remaining balance or vacate the premises.
1-Month Notice to Quit
For a tenant with no lease or a month-to-month lease in North Dakota, the landlord must serve them a 1-Month Notice to Quit to end the tenancy. This eviction notice allows the tenant 1 month to move out.
For tenants that don’t pay monthly, the amount of notice does not change.
3-Day Notice to Quit
In North Dakota, if a tenant commits a violation of the terms of their lease or the rental unit is being sold and the tenancy will end, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar 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 three 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. Next, the landlord (or the landlord’s attorney) shall file an affidavit and must send a copy of the summons and complaint to the tenant’s last known address. Lastly, 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.

Step 3: Court Holds Hearing & 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.

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.

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 five-day stay of execution if moving out immediately would create a hardship for the tenant and/or members of the tenant’s family.
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
For additional questions about the eviction process in North Dakota, please refer to the official legislation, North Dakota Century Code §47-32-01 to 47-32-04, and §§47-16-01 to 47-16-27, for more information.
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.