A North Dakota 3 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation. The landlord has the option of allowing the tenant to correct the violation. If the landlord declines, or the tenant fails to take appropriate action, the tenant must move out within three (3) calendar days of receiving notice.
When To Use a North Dakota 3 Day Notice To Comply or Vacate
A 3 Day Notice To Comply or Vacate begins the eviction process:
Failure to maintain the rental unit in a clean and sanitary manner
Parking in an unauthorized area on the property
Other lease violations
At the landlord’s discretion, the tenant may (but not must) be allowed an opportunity to “cure” (i.e., correct) the violation.
Some types of North Dakota lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a North Dakota 3 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Vacate:
Use the full name of the receiving party, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis for terminating the tenancy, and (if applicable) the corrective action(s) required to avoid termination
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a North Dakota 3 Day Notice To Comply or Vacate
North Dakota landlords may deliver a Notice To Comply or Vacate using any of these methods:
Hand delivery to the other party
Delivery by first class mail, with a certificate of mailing
Only after delivery by hand (including at least one attempt between 6PM-10PM) AND delivery by mail fail: posting the notice to a conspicuous place at the premises
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
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.
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.
…If the person cannot be found in the county…and service has been attempted at least once…and a copy of the summons has been mailed to the defendant at the defendant’s last-known address…service…may be made…by the sheriff or process server…posting the notice conspicuously upon the premises.