A North Dakota 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” lease violation (i.e., one which the tenant isn’t allowed an opportunity to correct), such conducting illegal activity on the premises. The tenant must move out within three (3) calendar days of receiving notice.
When To Use a North Dakota 3 Day Notice To Vacate
A North Dakota 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Causing substantial property damage
- Refusal to move out after notice that the premises are being sold
- Threats of force or violence
- Involvement with illegal activity on the property
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 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
- 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 Vacate
North Dakota law is not specific on requirements for serving a Notice To Vacate, 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.
Sources
- 1 ND Century Code §47-32-01
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A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same.
A party, after peaceably entering upon real property, turns out by force, threats, or menacing conduct the party in possession.
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.
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.
A party continues wrongfully in possession after a judgment in partition or after a sale under an order or decree of a district court.
Source Link - 2 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 - 3 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.
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