North Dakota Eviction Process

Last Updated: September 14, 2022 by Elizabeth Souza

Steps of the eviction process in North Dakota:

1. Landlord serves tenant written notice.
2. Landlord files complaint with court (if unresolved).
3. Court holds hearing & issues judgement. 
4. Writ of execution is issued.
5. 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.

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’ 
[1]
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.
[2]

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).
[3]

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’
[2]
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
[4]
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. 
  [6]
  
• 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
[5]
, and the tenancy will not continue under the new owners. To do so, tenants must be given 3 days’
[2]
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.

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
[8]
, 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
[9]
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
[10]
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.

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.