A North Dakota eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. North Dakota landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of North Dakota Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit | Unpaid Rent | Yes |
| 3 Day Notice To Comply or Vacate | Lease Violation | Maybe |
| 3 Day Notice To Vacate | Illegal Activity /
Substantial Property Damage |
No |
| 30 Day Notice To Vacate | End of / No Lease | No |
North Dakota 3 Day Notice To Quit
A North Dakota 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In North Dakota, a landlord can file this notice three (3) calendar days after rent is due. The tenant must then pay the past due balance or else move out within three (3) calendar days.
North Dakota 3 Day Notice To Comply or Vacate
A North Dakota 3 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The landlord decides whether the tenant gets an opportunity to cure the issue. If the landlord decides against it, or the tenant fails to take appropriate corrective action, the tenant must move out within three (3) calendar days.
North Dakota 3 Day Notice To Vacate
A North Dakota 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. This might be for things like substantial property damage, refusing to move out after receiving a sale of property notice or engaging in illegal activity on the premises. The tenant must move out within three (3) calendar days after receiving notice.
North Dakota 30 Day Notice To Vacate
A North Dakota 30 Day Notice To Vacate terminates a periodic tenancy (e.g., week-to-week or month-to-month) or a fixed-term rental agreement, as well as an expired lease or a situation with no written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in North Dakota
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in North Dakota
The clock for an eviction notice period starts the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in North Dakota
North Dakota law is not specific on requirements for serving an initial eviction notice other than requiring some written notice, 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 North Dakota Court Rules of Civil Procedure - Rule 6
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Computing Time. The following rules apply in computing any time period specified in these rules, or in any local rule, court order, or statute that does not specify a method of computing time.
Source Link(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
- 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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(e) Additional Time After Service Made by Mail or Third-Party Commercial Carrier.
Source LinkIf service is made by mail or third-party commercial carrier under Rule 4, the prescribed period begins running upon delivery.
