A well-prepared and legally compliant ND eviction notice is the first step to a successful eviction. Create your own printable notice for free today, with step-by-step help and personalized templates.
Last Update January 5th, 2022
North Dakota Eviction Notice Types
A legal eviction in North Dakota can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct North Dakota legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
3-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit (§ 47-32-01.4). This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent, then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
3-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 3-Day Notice to Quit for Non-Compliance (§ 47-32-01(8) and § 47-32-02). This gives the resident a chance to correct the violation within 72 hours, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter.
If this is used, the tenant must leave the property within 30 days of this notice being delivered.
Be aware, however, if you continue to accept rental payments during this period, the notice will be considered null and void. This also does not include any payments of owed back rent.
North Dakota Eviction Laws
An eviction notice in North Dakota is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with ND law.
In North Dakota, you may evict someone for the following reasons:
|Nonpayment of rent||3 days' notice (§ 47-32-01.4)|
|Lease violations||3 days' notice (§ 47-32-01(8) and § 47-32-02)|
|Lease termination||30 days' notice (§ 47-16-07)|
North Dakota Eviction Process
There are a number of crucial steps to follow when evicting a tenant in North Dakota. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in North Dakota with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for eviction with their local District Court if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in District Court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Execution.
If the Writ of Execution has been granted and the tenant does not move out as instructed by the eviction order, the document can be given to your local law enforcement agent. They will then remove the tenant and their property from your real estate.
Eviction Notice Sample
When you prepare your own North Dakota eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About North Dakota Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about North Dakota’s eviction notices in our FAQs below and learn how to use these forms effectively.
How Long Does It Take to Evict a Tenant in North Dakota?
In many cases, a North Dakota eviction can be completed in a few days in some cases. Once the eviction notice is served, the tenant will have between 3 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 2 months, depending on how busy the district or housing court system is at the time.
How to File for Eviction in North Dakota
If a tenant doesn’t comply after being served with a legally valid North Dakota eviction notice, it will be necessary to file an eviction case against them. To do this, the landlord will need to visit their local District Court, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone in ND?
How much evicting a tenant costs depends on how long the removal process lasts. If you serve the North Dakota eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.