A North Dakota 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a tenancy, both periodic (e.g., week-to-week or month-to-month) and fixed-term. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
When To Use a North Dakota 30 Day Notice To Vacate
A North Dakota 30 Day Notice To Vacate terminates the following types of tenancy:
- A fixed-term lease
- Any periodic tenancy (e.g., week-to-week or month-to-month)
- An expired lease
- A rental with no written lease
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 30 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
- 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 30 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 §47-16-15
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Notice of termination of lease. 1. 2. A lease of real property for a term not specified by the parties is deemed to be renewed as stated in section 47-16-06 at the end of the term implied by law, unless one of the parties gives notice to the other of an intention to terminate the lease, at least as long before the expiration of the lease as the term of the hiring itself, not exceeding one calendar month.
In tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate Page No. 63. the tenancy by giving at least one calendar month’s written notice at any time.
If the notice is not initialed by the lessee at the time of executing the lease, the lessee may terminate the lease on the last day of a month with at least one calendar month’s notice.
If a lease converts to a month-to-month tenancy under section 47-16-06 or 47-16-06.1, either party may terminate the lease on the last day of a month with at least one calendar month’s notice.
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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