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Mountrail County North Dakota
Mountrail County · North Dakota

Mountrail County Landlord-Tenant Law

North Dakota landlord guide — Stanley, NW ND, Bakken oil production, New Town, Fort Berthold Reservation, Lake Sakakawea, grain agriculture & NDCC Ch. 47-16 / 47-32

🏛️ County Seat: Stanley
👥 Population: ~10,500
🏛️ State: ND

Landlord-Tenant Law in Mountrail County, North Dakota

Mountrail County occupies northwestern North Dakota at the intersection of two powerful economic forces: the Bakken oil formation that has transformed western ND, and the Fort Berthold Reservation — home of the MHA Nation (Mandan, Hidatsa, and Arikara) — whose own substantial oil production and tribal governance create a complex jurisdictional landscape unlike any other county in the state. The county seat of Stanley, with roughly 2,700 residents, grew significantly during the Bakken boom. New Town, the MHA Nation’s principal community located on the Fort Berthold Reservation along Lake Sakakawea, has also experienced dramatic growth and functions as a separate economic center.

Mountrail County’s rental market is shaped by oil production demand, tribal employment at New Town, Lake Sakakawea recreation, and the traditional grain farming economy that predates all of it. The critical legal distinction for landlords is jurisdictional: properties on fee-simple land within the county are governed by NDCC Ch. 47-16 and Ch. 47-32, while properties on Fort Berthold trust land are governed by MHA tribal law and the MHA Tribal Court. Given the significant overlap between the reservation and the county, this jurisdictional question is not theoretical — it is the first thing any landlord must determine before entering into a lease.

Eviction actions for state-jurisdiction properties are filed at the Mountrail County District Court in Stanley, part of the Northwest Judicial District. No rent control exists. No just-cause eviction requirement applies on fee land.

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📊 Mountrail County Quick Stats

County Seat Stanley
Population ~10,500
Major Cities Stanley (~2,700), New Town (~2,600, on Fort Berthold), Parshall, Plaza
Median Rent ~$800–$1,500 (oil-influenced)
Major Employers Oil & gas operators (Bakken), oilfield services, MHA Nation tribal government (New Town), Mountrail County, public schools, grain agriculture, Lake Sakakawea recreation
Median HH Income ~$80,000+ (oil & tribal revenue)
Rent Control None (state jurisdiction properties)
Landlord Rating 8/10 — strong Bakken demand, two distinct markets (Stanley fee land / New Town tribal), dual jurisdiction awareness critical, premium rents, full ND protections on fee land

⚖️ 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 Mountrail County District Court (Northwest Judicial District)
Courthouse Address 101 Main St. S., Stanley, ND 58784
Court Phone (701) 628-2915
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)

Mountrail County Local Ordinances & Landlord Rules

County and municipal rules that apply alongside North Dakota state law

Category Details
Tribal Jurisdiction — Critical Notice A significant portion of Mountrail County overlaps with the Fort Berthold Reservation, home of the MHA Nation (Three Affiliated Tribes). New Town, the reservation’s principal community, is located within Mountrail County. Properties on tribal trust land are governed by MHA tribal law and the MHA Tribal Court — not NDCC Ch. 47-16 or Ch. 47-32. The reservation has its own significant oil production and tribal government employment. Landlords must confirm fee vs. trust land status before assuming state law governs any property in Mountrail County. Consult a licensed ND attorney with tribal law experience for any trust land property.
Rental Registration No mandatory landlord licensing or rental registration in Mountrail County or Stanley for state-jurisdiction properties. Code enforcement is complaint-driven. Workforce housing and man camp facilities may require separate county permitting.
Rent Control No rent control in Mountrail County. Oil patch demand drives rents well above statewide averages. 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. Return required within 30 days. Interest required if occupancy is 9 months or more. Move-in checklist required — both parties must sign.
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.
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, but amount must be disclosed.
Legal Entities in Eviction LLCs, corporations, and other legal entities must be represented by a licensed North Dakota attorney in all state court eviction proceedings. Pro se representation is available only to individual natural persons. (Wetzel v. Schlenvogt, 2005.)
2025 Eviction Record Sealing (SB 2238) Tenants may petition to seal eviction records 7 years after satisfying judgment. Dismissals and tenant-favorable outcomes may be sealed immediately. In an oil patch market, direct employer verification and contract confirmation are the most critical screening tools.
Just-Cause Eviction No just-cause eviction requirement in Mountrail County for state-jurisdiction properties. 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 Mountrail County

🏛️ Courthouse Information and Locations for North Dakota

💸 Eviction Cost Snapshot

Typical fees for a Mountrail 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 Mountrail 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 Mountrail County

Major communities within this county

📍 Mountrail County at a Glance

Stanley (county seat, fee land, oil services hub), New Town (Fort Berthold Reservation, MHA Nation HQ, tribal oil production), Parshall, Plaza. Bakken oil production. Lake Sakakawea northern shore. Dual jurisdiction — confirm fee vs. trust land. 3-day pay or quit, no rent control, no just-cause eviction (fee land).

Mountrail County

Screen Before You Sign

Core tenant profiles: oil production and services workers, MHA Nation tribal government employees (New Town), drilling and completion crews, pipeline workers, school district staff, county government workers, Lake Sakakawea recreation workers, agricultural operators. Confirm jurisdictional status of property first. For energy workers, verify contract length and employer directly. Verify income at 3x rent and run ND District Court eviction records.

Run a Tenant Background Check →

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

Mountrail County is one of the most economically complex counties in North Dakota, a place where the Bakken oil boom, tribal sovereignty, federal land management, and traditional agriculture all intersect on the same landscape. The county contains two distinct economic centers — Stanley, the county seat on fee land, and New Town, the headquarters of the MHA Nation on the Fort Berthold Reservation — and the legal framework governing rental properties differs fundamentally depending on which side of the fee/trust land boundary a property sits on. For landlords, Mountrail County offers significant opportunity, but it demands a level of jurisdictional awareness that most North Dakota markets do not require.

Stanley: The Fee Land Oil Hub

Stanley, with roughly 2,700 residents, grew substantially during the Bakken boom as oilfield workers, services companies, and support businesses established themselves in the county seat. Stanley’s rental market is driven primarily by oil production employment, with drilling crews, completion specialists, production operators, pipeline workers, and the broad ecosystem of oilfield services companies all generating housing demand. The city also serves as the governmental center for Mountrail County and supports a school district, healthcare clinic, and agricultural services businesses. Properties in Stanley are on fee-simple land and governed by NDCC — the standard North Dakota landlord-tenant framework.

New Town and Fort Berthold: Tribal Jurisdiction

New Town is the principal community of the Fort Berthold Reservation and the administrative headquarters of the MHA Nation. With approximately 2,600 residents and significant oil production on tribal lands, New Town has experienced its own boom-driven growth parallel to but legally distinct from Stanley’s. The MHA Nation operates its own tribal government, tribal courts, and tribal law enforcement, and properties on trust land within the reservation are governed by MHA tribal law — not NDCC. This means that eviction procedures, deposit rules, notice requirements, and court jurisdiction may differ from state law. Landlords operating in or near New Town must determine whether a property sits on fee land (state jurisdiction) or trust land (tribal jurisdiction) before entering into any lease. This determination requires a title search or consultation with an attorney experienced in tribal land issues.

Lake Sakakawea: Recreation Economy

Lake Sakakawea’s northern shore runs along Mountrail County, and the lake’s world-class walleye and northern pike fishing draws anglers from across the Midwest. Van Hook Arm, one of the lake’s most productive fishing areas, is particularly popular. The recreational economy supports marinas, guides, bait shops, and lodging businesses that create seasonal employment and short-term housing demand. Some landlords find supplemental income from seasonal or short-term rentals to fishing groups, though the oil economy provides far more substantial year-round demand.

Agricultural Base

Before oil, Mountrail County was a productive wheat, canola, and sunflower farming region, and agriculture remains a significant part of the county’s economy even as oil production has eclipsed it in revenue terms. Grain elevators in Stanley, Parshall, and Plaza serve the surrounding farm country, and agricultural services employment provides year-round work. Farm operators who maintain town residences represent a stable, long-tenured rental segment whose income documentation follows the standard agricultural pattern.

North Dakota Law in Mountrail County

Mountrail County landlords operating on fee-simple land 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 Mountrail County District Court at 101 Main St. S. in Stanley, part of the Northwest Judicial District, handles eviction filings for fee land properties. Hearings are typically set within 3 to 15 days of summons service. LLCs and other entities must retain licensed North Dakota counsel. Attorney fees are recoverable by the prevailing landlord under § 47-32-04.

Mountrail County landlord-tenant matters on fee-simple land are governed by NDCC Ch. 47-16 and Ch. 47-32. Trust land properties on Fort Berthold Reservation are subject to MHA tribal law — confirm jurisdictional status before leasing. 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. Legal entities must use licensed ND attorney in state court eviction. Attorney fees recoverable by prevailing landlord (§ 47-32-04). Hardship stay: up to 5 days. Eviction filed at Mountrail County District Court, 101 Main St. S., Stanley, ND 58784, (701) 628-2915. Filing fee ~$80. Northwest Judicial District. 2025 SB 2238: eviction record sealing after 7 years. No rent control. No just-cause eviction requirement (fee land). Last updated: May 2026.

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Disclaimer: This page provides general information about landlord-tenant law in Mountrail County, North Dakota and is not legal advice. Tribal jurisdiction questions require specialized legal counsel. 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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