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Divide County North Dakota
Divide County · North Dakota

Divide County Landlord-Tenant Law

North Dakota landlord guide — Crosby, far northwestern ND, Montana border, Williston Basin Bakken oil core, Canadian border, Tioga oilfield history, high per-capita energy income & NDCC Ch. 47-16 / 47-32

🏛️ County Seat: Crosby
👥 Population: ~2,400
🏛️ State: ND

Landlord-Tenant Law in Divide County, North Dakota

Divide County occupies the far northwestern corner of North Dakota, sharing borders with Montana to the west and Saskatchewan, Canada to the north. With a population of approximately 2,400 and its county seat of Crosby serving as the regional hub, Divide County punches well above its demographic weight economically — it sits squarely within the Williston Basin’s most productive Bakken formation territory, and oil and gas production has made it one of the highest per-capita income counties in the state for much of the past two decades.

The Tioga oilfield, which extends into Divide County from neighboring Williams County, was the site of one of the first major Bakken discoveries in North Dakota history, and the county’s subsurface geology has sustained active production through multiple commodity cycles. This oil heritage gives Divide County a rental market character that is distinct from agricultural-only counties: energy sector workers, pipeline crews, production supervisors, and oilfield services staff create demand that is well-paying but cyclically variable, layered on top of a stable agricultural base of wheat, sunflowers, and cattle ranching that has always been the county’s permanent economic foundation.

All residential landlord-tenant matters in Divide County are governed by NDCC Ch. 47-16 and Ch. 47-32. Eviction actions are filed at the Divide County District Court in Crosby, part of the Northwest Judicial District. No rent control exists. No just-cause eviction requirement applies.

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📊 Divide County Quick Stats

County Seat Crosby
Population ~2,400
Major Cities Crosby (~1,000), Noonan, Ambrose
Median Rent ~$700–$1,100 (oil-influenced)
Major Employers Oil & gas operators (Bakken/Williston Basin), Divide County, Crosby Public Schools, St. Luke’s Medical Center, pipeline & midstream companies, grain & cattle agriculture
Median HH Income ~$80,000+ (among highest in ND, oil royalties)
Rent Control None
Landlord Rating 8/10 — Bakken oil income drives high rents and strong tenant incomes; cyclical risk but full ND landlord protections and recoverable attorney fees

⚖️ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Pay or Quit
Lease Violation 3-Day Notice to Quit (no cure right)
Month-to-Month 30-Day Written Notice
Court Divide County District Court (Northwest Judicial District)
Courthouse Address 300 N. Main St., Crosby, ND 58730
Court Phone (701) 965-6831
Court Hours Mon–Fri 8:00 a.m.–5:00 p.m.
Filing Fee ~$80
Hearing Set 3–15 days after summons served
Hardship Stay Up to 5 days (court discretion)
Avg Timeline 2–5 weeks
Attorney Fees Recoverable by prevailing landlord (§ 47-32-04)

Divide County Local Ordinances & Landlord Rules

County and municipal rules that apply alongside North Dakota state law

Category Details
Rental Registration No mandatory landlord licensing or rental registration in Divide County or Crosby. Code enforcement is complaint-driven. No short-term rental licensing framework at the local level. State law governs all landlord-tenant relationships directly. Oil boom periods have historically created demand for informal and short-term accommodations; standard NDCC provisions apply to any tenancy of sufficient duration.
Rent Control No rent control in Divide County. During active drilling periods, market rents in Crosby and surrounding communities can substantially exceed statewide averages for comparable units. For month-to-month tenancies, landlords must provide at least 30 days’ written notice prior to a rent increase. Rent may not be raised during a fixed-term lease unless the lease expressly permits it (NDCC § 47-16-07).
Security Deposit Cap of one month’s rent for standard tenancies (NDCC § 47-16-07.1). Pet deposit permitted up to the greater of $2,500 or two months’ rent. Felony conviction tenants: landlord may require up to two months’ rent as deposit. Return required within 30 days of tenant surrendering premises. Interest required on deposit if occupancy is 9 months or more. Move-in checklist required — both parties must sign. Given higher oil-market rents, thorough move-in documentation is especially important.
Landlord Entry No specific statutory notice period in North Dakota, but entry must occur at reasonable times and for legitimate purposes. Emergency entry permitted without advance notice. Lease terms should define entry procedures. Courts apply a reasonableness standard.
Late Fees Must be stated in the written lease. Mandatory 3-day grace period applies (§ 47-16-07(2)) — no late fee may be charged until after the grace period expires. No statutory cap on the late fee amount, but it must be disclosed in the lease.
Legal Entities in Eviction LLCs, corporations, and other legal entities must be represented by a licensed North Dakota attorney in all eviction proceedings. Pro se representation is available only to individual natural persons. (Wetzel v. Schlenvogt, 2005.) Counsel will typically travel from Williston or Minot for Divide County proceedings.
2025 Eviction Record Sealing (SB 2238) Tenants may petition to seal eviction records 7 years after satisfying judgment, provided no subsequent evictions. Dismissals and tenant-favorable outcomes may be sealed immediately. In an oil patch county where worker mobility is high, direct employer verification and contract confirmation are the most reliable screening tools alongside court records.
Just-Cause Eviction No just-cause eviction requirement in Divide County. Month-to-month tenancies may be terminated with 30 days’ written notice without cause. Fixed-term leases end at expiration without renewal obligation.

Last verified: May 2026 · Source: NDCC Ch. 47-16 · NDCC Ch. 47-32

🏛️ Courthouse Information

Where landlords file eviction actions in Divide County

🏛️ Courthouse Information and Locations for North Dakota

💸 Eviction Cost Snapshot

Typical fees for a Divide County eviction

💰 Eviction Costs: North Dakota
Filing Fee $80
Total Est. Range $150-350
Service: — Writ: —

North Dakota Eviction Laws

NDCC Ch. 47-16 and Ch. 47-32 statutes, notice requirements, and landlord rights that apply in Divide County

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
14-30
Avg Total Days
$$80
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit
Notice Period 3 days
Tenant Can Cure? Yes - tenant can pay all rent within 3-day notice period to stop eviction
Days to Hearing 3-15 (hearing set 3-15 days after summons served) days
Days to Writ Immediate after judgment (5-day hardship stay possible) days
Total Estimated Timeline 14-30 days
Total Estimated Cost $150-350
⚠️ Watch Out

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.

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📝 North Dakota Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the State District Court - Eviction Action (NDCC Ch. 47-32). Pay the filing fee (~$$80).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about North Dakota eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified North Dakota attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: North Dakota landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in North Dakota — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need North Dakota's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

Calculate your required notice period and earliest filing date

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Cities in Divide County

Major communities within this county

📍 Divide County at a Glance

Crosby (county seat, St. Luke’s Medical Center, Tioga oilfield region), Noonan, Ambrose (Canadian border crossing). Far northwestern ND, Montana & Saskatchewan borders. Williston Basin Bakken core — among highest per-capita oil income in ND. Wheat, sunflower, cattle agriculture as permanent base. 3-day pay or quit, no rent control, no just-cause eviction.

Divide County

Screen Before You Sign

Core tenant profiles: oil field production workers, drilling and completion crew members, pipeline and midstream employees, energy company supervisors and engineers, St. Luke’s Medical Center staff, Divide County government workers, school district employees, and agricultural operators. For energy sector tenants, confirm contract length, employer stability, and whether employment is direct hire or contractor. Verify income at 3x rent — oil patch incomes are high but can be interrupted by layoffs. Run ND District Court eviction records.

Run a Tenant Background Check →

A Landlord’s Guide to Renting in Divide County, North Dakota

Divide County is oil country — genuinely, historically, and in ways that have shaped the physical landscape, the economic culture, and the rental market of this remote northwestern corner of North Dakota for decades. When the Bakken formation became economically viable with horizontal drilling and hydraulic fracturing in the 2000s, Divide County was already familiar with what it meant to have oil beneath the ground. The Tioga oilfield, extending from Williams County into Divide County, had been producing since the 1950s. What changed with the Bakken boom was the scale, the speed, and the income levels — and for landlords, that transformation created one of the most lucrative small-market rental environments in the northern plains.

The Bakken Economy: High Income, Cyclical Risk

Divide County sits within the Williston Basin’s most prolific Bakken territory, and oil and gas production has generated per-capita income levels that place the county among the wealthiest in North Dakota by that measure. Energy company employees, drilling contractors, completion crews, pipeline operators, midstream facility workers, and the broader ecosystem of oilfield services businesses create rental demand from workers earning well above the statewide median — workers who are generally less price-sensitive about housing than other rental segments and who need accommodations close to their worksites.

The cyclical nature of oil employment is a reality that Divide County landlords learn to manage. When crude oil prices are strong, drilling activity accelerates, workers flood in, vacancy approaches zero, and rents rise sharply. When prices fall, activity contracts, workers move on, and vacancy can climb quickly. Landlords who structure leases with appropriate flexibility — pricing for the cycle, maintaining property quality to retain stable long-term tenants, and not over-leveraging during boom periods — will outperform those who treat every boom as permanent.

Crosby: The County Hub

Crosby is Divide County’s county seat and only community of meaningful size, with roughly 1,000 permanent residents and a commercial and service infrastructure that punches above its size due to oil revenue and the trade area it serves. St. Luke’s Medical Center provides healthcare services for the county and draws medical professionals whose incomes and employment stability make them among the most reliable tenants in any oil patch community. County and municipal government, the school district, and agribusiness services round out the permanent employment base that sustains demand even between energy cycles.

Agriculture: The Permanent Foundation

Wheat, sunflowers, flax, and cattle ranching have characterized Divide County’s agriculture since the homestead era, and farm and ranch operations remain a genuine economic presence beneath the energy sector’s more visible footprint. Agricultural landowners in Divide County frequently benefit from both farming income and oil royalty payments from leases on their land — a combination that can produce very strong household incomes and makes rancher-renters among the most financially stable tenants in the market. Farm operators who maintain a residence in Crosby for school and service access while working outlying land represent a stable, low-turnover rental segment.

Montana and Canadian Border Dynamics

Divide County borders Montana to the west and Saskatchewan to the north, giving it a genuine frontier character. The Ambrose Port of Entry on the Canadian border handles local and agricultural traffic and creates modest cross-border economic activity. Montana proximity means that some workers commute across state lines for oil field employment, and Crosby occasionally serves as a base for workers whose job sites straddle the state line. These cross-border dynamics create small but consistent rental demand segments that landlords should be prepared to accommodate with appropriate income documentation and, for international tenants, work authorization verification.

North Dakota Law in Divide County

Divide County landlords operate under NDCC Ch. 47-16 and Ch. 47-32. The 3-Day Notice to Pay or Quit for nonpayment (after the mandatory 3-day grace period under § 47-16-07(2)), the 3-Day Notice to Quit for lease violations with no cure right, and the 30-Day Written Notice for month-to-month terminations are the operative notice timelines. The Divide County District Court at 300 N. Main St. in Crosby, part of the Northwest Judicial District, handles eviction filings. Hearings are typically set within 3 to 15 days of summons service. LLCs and other entities must retain licensed North Dakota counsel — typically traveling from Williston or Minot. Attorney fees are recoverable by the prevailing landlord under § 47-32-04.

Divide County landlord-tenant matters are governed by NDCC Ch. 47-16 and Ch. 47-32. Nonpayment notice: 3-day pay or quit (after 3-day grace period). Lease violation: 3-day quit (no cure). Month-to-month termination: 30-day written notice. Security deposit cap: 1 month’s rent; pet deposit up to $2,500 or 2 months. Deposit return: 30 days; interest required if occupancy 9+ months. Late fees must be in lease; no charge during 3-day grace period. Legal entities must use licensed ND attorney in eviction. Attorney fees recoverable by prevailing landlord (§ 47-32-04). Hardship stay: up to 5 days. Eviction filed at Divide County District Court, 300 N. Main St., Crosby, ND 58730, (701) 965-6831. Filing fee ~$80. Northwest Judicial District. 2025 SB 2238: eviction record sealing after 7 years. No rent control. No just-cause eviction requirement. Last updated: May 2026.

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Disclaimer: This page provides general information about landlord-tenant law in Divide County, North Dakota and is not legal advice. Laws change frequently. Always verify current requirements with a licensed North Dakota attorney before taking legal action. Last updated: May 2026.

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