🏛️ Courthouse Information and Locations for North Dakota
North Dakota Eviction Laws: Notice Requirements, Process, and Timelines
North Dakota handles evictions through District Court using proceedings governed by the North Dakota Century Code (NDCC) Chapter 33-06 (Forcible Entry and Detainer) and Chapter 47-16 (Landlord and Tenant). The state requires a 3-day notice for nonpayment of rent and has a streamlined process typical of less-populated states. North Dakota allows landlords to recover reasonable attorney’s fees in eviction cases. Below you’ll find everything landlords need to know.
North Dakota Eviction Laws
Comprehensive guide to North Dakota's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in State District Court - Eviction Action (NDCC Ch. 47-32).
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: North Dakota is very landlord-friendly. 3-day notice for nonpayment after rent is 3 days past due. No cure right beyond the 3-day notice period. Eviction law strictly limits combining eviction with other lease claims. Court issues judgment for immediate restitution if landlord prevails (§ 47-32-04). Hardship exception: if tenant shows immediate removal causes substantial hardship (except for disturbing peace), court may stay writ up to 5 days. Tenant can request case be heard by District Court judge (rather than judicial referee) within 7 days. Security deposit may be applied to unpaid rent/fees by court. NEW (2025): SB 2238 allows tenants to petition for sealing eviction records 7 years after satisfying judgment (no subsequent evictions); DV victims can seal immediately.
📋 Lease Violation
North Dakota is VERY landlord-friendly for lease violations. 3-day notice to quit for ANY material lease violation - NO cure period required. Landlord does not need to give tenant opportunity to fix the violation. Grounds include: violating material lease term; using property contrary to lease; holding over after lease ends; property sold during tenancy. Holdover after month-to-month: 30-day notice required. DV victims may terminate lease immediately with written notice (§ 47-16-17.1). Entities MUST be represented by attorney.
📬 Service of Process
Neither landlord nor attorney may serve documents. Personal service: at least 3 days before hearing within county; 7 days if service outside county or by other method. Sheriff fee: $30 service; $50 writ execution.
🏛️ Court & Legal Information
Minimal - fastest eviction process among batch 9 states; hardship stay up to 5 days; appeal (30 days + bond)
⚖️ Appeals & Post-Judgment
Sheriff executes writ of execution; removes tenant and restores possession to landlord
📦 Tenant Property & Abandonment
No detailed statute on abandoned property in eviction context. Landlord should use reasonable care. General property law applies.
🏦 Security Deposits
30-day return after tenant surrenders premises. Must hold in interest-bearing or checking account. Interest paid to tenant if occupancy 9+ months. Move-in checklist required (both parties sign). Court may apply deposit to judgment amounts in eviction. NEW (2025): eviction record sealing available 7 years after judgment satisfaction.
💵 Late Fees
No state limit. Must provide at least 3-day grace period (§ 47-16-07(2)). Late fee must be stated in lease. Cannot charge late fee until after grace period expires.
🛡️ Tenant Protections
No rent control. No state preemption. 30-day notice for rent increase on month-to-month.
🏙️ Local Overrides & City-Specific Rules
Very limited local variations. ND is landlord-friendly. Oil boom areas (Williston Basin) may have special housing pressures but no additional tenant protections.
Underground Landlord📝 North Dakota Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the State District Court - Eviction Action (NDCC Ch. 47-32). Pay the filing fee (~$$80).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for North Dakota
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified North Dakota attorney for specific legal guidance.
Governing Law and Court System
North Dakota evictions are governed by:
- NDCC Chapter 47-32: Eviction procedures
- NDCC Chapter 47-16: Landlord and tenant relationships
- North Dakota Rules of Civil Procedure Rule 4: Service requirements
All eviction cases are filed in District Court in the county where the property is located. Cases may be heard by a District Court Judge or a Judicial Referee (whose orders have the same effect as a judge’s).
Filing fees: Approximately $80-$100 (varies by county)
Important note for business entities: If the property is owned by a corporation, LLC, or other legal entity, only a licensed North Dakota attorney can represent the entity in court. Documents signed by non-lawyer agents of legal entities are void. (Wetzel v. Schlenvogt, 2005 ND 190)
Self-Help Eviction Prohibited
Self-help evictions are illegal in North Dakota. Landlords cannot:
- Change the locks
- Shut off utilities
- Remove tenant belongings
Penalty: Landlord is liable for up to three times the tenant’s damages for forcible ejection or exclusion. (NDCC § 32-03-29)
Legal Grounds for Eviction
Under NDCC § 47-32-01, landlords may evict for:
- Nonpayment of rent
- Material violation of lease terms
- Illegal activity on the premises
- Health or safety violations
- Property damage
- Holdover after lease expiration
- Termination of periodic tenancy
- Property sold through foreclosure, execution sale, or judicial process
Notice Requirements by Violation Type
Nonpayment of Rent: 3-Day Notice to Pay or Quit
When a tenant fails to pay rent when due:
- Serve 3-Day Notice of Intention to Evict
- Notice must state the amount of unpaid rent and the date tenancy will terminate (not less than 3 days)
- No statutory grace period—rent is late the day after it’s due
- Lease may provide a grace period that must be honored
- If tenant pays all rent due within 3 days, eviction stops
(NDCC § 47-32-01(4), § 47-32-02)
Lease Violations: 3-Day Notice to Quit
For material violations of the lease agreement:
- Serve 3-Day Notice of Intention to Evict
- Must specify the breach and termination date (not less than 3 days)
- No cure right required: Unlike many states, North Dakota does NOT require landlords to give tenants an opportunity to fix lease violations
- Landlord has discretion whether to allow cure
Common lease violations include:
- Unreasonable peace disturbances
- Unauthorized pets
- Unauthorized occupants
- Property damage
- Subletting without permission
- Failure to maintain sanitary conditions
(NDCC § 47-32-01, § 47-32-02)
Illegal Activity: 3-Day Unconditional Notice to Quit
For illegal activity on the premises (drug activity, violence, criminal offenses):
- Serve 3-Day Notice to Quit
- No opportunity to cure
- Document with police reports or witness statements
(NDCC § 47-32-01(6))
Termination of Month-to-Month Tenancy: 30-Day Notice
To end a month-to-month tenancy without cause:
- Serve 30-day written notice before the next rental period begins
- No specific reason required
End of Fixed-Term Lease
For a fixed-term lease that has expired:
- No renewal required by law
- If tenant holds over, landlord may file eviction action
Foreclosure/Judicial Sale: 3-Day Notice
When property is sold through foreclosure, execution sale, or judicial process:
- New owner can serve 3-day notice to vacate
- Federal protections may apply in some foreclosure situations
Service of 3-Day Notice of Intention to Evict
The 3-day notice must be served properly under NDCC § 47-32-02:
- Personal service: By sheriff or process server directly to tenant
- Posting: If tenant cannot be found, post conspicuously on the premises
Service can be arranged through the county sheriff or a private process server.
Filing the Eviction Complaint
After the notice period expires without compliance, file a Complaint for Eviction (Forcible Detainer action) in District Court.
Required documents:
- Complaint for Eviction
- Summons
- Copy of lease (if written)
- Copy of 3-day notice
- Proof of service of notice
Complaint must include:
- Type of lease (oral or written)
- Rent rate, late fee amount, and lease term
- Grounds for eviction
- Amount owed (if applicable)
Service of Summons and Complaint
After filing, the court issues a Summons that must be served on the tenant by:
- Sheriff or deputy sheriff
- Any adult (18+) not party to the action
Sheriff service fee: $30
Service timing requirements:
- Personal service within the county: At least 3 days before hearing
- Service outside county or by other methods: At least 7 days before hearing
Alternative service: If personal service fails after at least one attempt between 6:00 p.m. and 10:00 p.m., an affidavit can be filed and copies mailed to tenant’s last known address, or summons posted on the door.
The Summons informs the tenant:
- Date, time, and location of hearing
- Right to request a District Court Judge instead of Judicial Referee (must request in writing within 7 days)
The Court Hearing
The hearing is scheduled 3 to 15 days after the summons is issued. (NDCC § 47-32-02)
At the hearing:
- Both parties present evidence and testimony
- Landlord should bring lease, notices, proof of service, rent ledger, and documentation of violations
- If tenant doesn’t appear, judge may rule by default in landlord’s favor
- Tenant may file written Answer before hearing if contesting
Judgment is typically issued within a few days, though some judges decide immediately.
Judgment and Writ of Execution
If the landlord prevails, the court issues:
- Judgment for Possession: Confirms landlord’s right to property
- Writ of Execution: Authorizes sheriff to remove tenant
The Writ of Execution may be issued the same day as the hearing or within a few days.
Sheriff’s execution fee: $50
Tenant’s Move-Out Period and Hardship Stay
Once the writ is served, the tenant typically has 24 hours to 5 days to vacate.
Hardship stay: Tenant may request up to 5 additional days if immediate eviction would cause significant hardship. (NDCC § 47-32-04)
If tenant doesn’t leave voluntarily, the sheriff will return to physically remove them.
Appeals
Tenant has 30 days to file an appeal. To delay enforcement during appeal, tenant must post any required bond.
Attorney’s Fees
For all evictions, landlords may recover actual damages and reasonable attorney’s fees if the lease contains an attorney’s fees provision. (NDCC § 47-16-13.1(d))
Abandoned Property
Personal property left behind by tenant is not considered abandoned until 28 days have passed. If total estimated value is less than $2,500, landlord may dispose of property without notifying tenant.
Security Deposits
- Must be held in interest-bearing or checking account
- If tenant occupied 9+ months, tenant is entitled to accrued interest
- Judge may apply security deposit to outstanding fees/damages in eviction judgment
(NDCC § 47-16-07.1)
Tenant’s Ongoing Rent Obligation
Even after eviction, the tenant remains responsible for rent through the end of the lease term. However, the landlord must make reasonable efforts to find a replacement tenant (mitigate damages). (NDCC § 47-16-13.7)
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, or defective service
- Payment: Tenant paid rent within 3-day period
- Habitability: However, nonpayment of rent is generally not excused by needed repairs
- No lease violation: Alleged conduct doesn’t violate lease terms
Note: Unlike most states, North Dakota does not have statutory protection against retaliatory evictions.
Record Sealing (2024 Law)
A new law allows tenants to petition to seal eviction records:
- If case was dismissed or ruled in tenant’s favor
- For nonpayment or property damage: 7 years after satisfying all claims (if no subsequent eviction)
- Goal is to prevent permanent harm from short-term financial hardship
Typical Timeline
- Notice period: 3-30 days (depending on grounds)
- Filing to hearing: 3-15 days
- Writ issuance: Same day to a few days after judgment
- Move-out after writ: 24 hours to 5 days (up to 10 days with hardship stay)
- Total (uncontested): 2-4 weeks
- Contested with appeal: Several additional weeks to months
Best Practices for North Dakota Landlords
- Use official court forms from ndcourts.gov
- Serve 3-day notice properly before filing complaint
- If you’re a business entity (LLC, corporation), hire a licensed attorney
- Include attorney’s fees clause in lease
- Document all violations with photos, dates, and written records
- Don’t accept partial payments during eviction—may waive the eviction
- Serve summons at least 3 days before hearing (7 days if outside county)
- Bring all documentation to hearing
- Never attempt self-help eviction—3x damages liability
- Wait 28 days before disposing of abandoned property (or if value <$2,500)
Quick Reference: North Dakota Eviction Rules
- Nonpayment of rent: 3-day notice
- Lease violations: 3-day notice (no cure required)
- Illegal activity: 3-day notice (no cure)
- Month-to-month termination: 30-day notice
- Foreclosure: 3-day notice
- Hearing scheduled: 3-15 days after summons
- Service before hearing: 3 days (in county), 7 days (other)
- Move-out after writ: 24 hours to 5 days
- Hardship stay: Up to 5 additional days
- Appeal deadline: 30 days
- Abandoned property: 28 days
- Self-help penalty: 3x damages
- Sheriff service fee: $30
- Writ execution fee: $50
- Filing fees: ~$80-$100
- Governing law: NDCC Chapters 47-32, 47-16
Bottom line: North Dakota’s eviction process is designed to be accelerated and moves quickly. The 3-day notice requirement applies to most evictions, and landlords are NOT required to give tenants an opportunity to cure lease violations. Business entities must use a licensed attorney. Self-help evictions carry treble damages liability. The process from notice to possession typically takes 2-4 weeks for uncontested cases, making North Dakota one of the faster states for evictions.