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The landlords use North Dakota eviction notices to legally terminate a tenancy agreement and ask tenants to leave their property. To ensure a fair and transparent process, the state has established laws and regulations governing the eviction notice procedure.
Landlords can serve notices for reasons such as non-payment of rent, lease violations, property damages, or engaging in illegal activities on the property. Tenants who receive an eviction notice are granted a specific amount of time to respond or vacate the premises, depending on the type of notice served.
Types of Eviction Notice in North Dakota
In North Dakota, there are several types of eviction notices that landlords can use to legally terminate a tenancy, such as:
Notice to Pay Rent or Quit
This type of North Dakota eviction notice is used when a tenant fails to pay the rent on time. In such a case, the landlord notifies them through a written eviction notice that they have three days to pay the rent or vacate the premises.
Violating the Terms of the Lease
Suppose a tenant violates a material term of the lease, such as damaging the property, having unauthorized occupants, engaging in illegal activity on the premises, or violating pet or noise policies.
In that case, the landlord can give the tenant an eviction notice. The eviction notice specifies the violation and provides the tenant with three days to cure the breach or vacate the premises.
Overstaying in Possession
A tenant who continues to occupy a property after the sale of that property through a mortgage, order, or any other legal process, including a judgment in partition or after a sale under an order of a district court, may face a 3-day eviction notice to vacate the property.
Month-to-Month/Change of Terms
Landlords in North Dakota have the right to change the terms of a month-to-month lease at the end of each month. They must provide written notice to the tenant at least 30 days prior to the end of the month, specifying the changes in the terms, rent, and conditions.
Eviction Laws and Requirements in North Dakota
Laws & Requirements
Non-payment of rent: 3 days. (§ 47-32-01(4))
Violating the terms of the lease: 3 days. (§ 47-32-01(8))
Overstaying in possession: 3 days. (§ 47-32-01(5, 6))
Month-to-month/change of terms: 30 days. (§ 47-16-07)
When is Rent Late in North Dakota?
Rent is considered late if it is not paid within the timeframe specified in the lease agreement (e.g., by the 5th of the month or the last day of the month). If the tenant fails to pay the rent within that time frame, the landlord has the right to serve them a 3-day eviction notice with the option to either pay the rent or vacate the property.
Grounds for Eviction in North Dakota
There are several grounds for eviction in North Dakota, including:
Grounds for Eviction
Non-payment of rent
Violation of lease terms
Tenant holding over after the lease has ended
Failure to vacate after a court order or sale of property
Eviction Process in North Dakota
The eviction process in North Dakota involves several steps that must be taken before a legal eviction can occur.
#1. Write a Notice
Prior to taking any eviction action against a tenant, the landlord must provide a valid reason for the eviction, serve the tenant with a notice explaining why the eviction is being sought and the reasons for it, and give the tenant three days to either vacate the property or remedy the violation.
#2. File the Complaint
If the tenant doesn't comply with the eviction notice, the landlord can start the eviction process by filing a complaint and summons.
The complaint must state the eviction parties, reasons for the eviction, facts supporting the eviction, and the action that the landlord is requesting from the court. Along with the complaint, a summons is also filed, which contains the date, time, and location of the trial.
#3. Serve the Tenant
The summons and complaint must be served on the tenant, usually through a sheriff or process server.
If the tenant cannot be located, an affidavit is completed indicating that an attempted delivery was made, and the summons and complaint are emailed to the tenant's last known address. The summons and complaint are also posted on the leased property.
#4. Wait for Court’s Judgment
A trial is held in which the parties present the facts and evidence supporting their case, and the court renders a verdict.
Other Eviction-Related Forms in North Dakota
In addition to the eviction notice, various other documents play a crucial role in the eviction process, namely:
Other Eviction-Related Forms
Affidavit of Identification. The form is used by a plaintiff to identify a defendant in legal action and to confirm whether or not the defendant is currently on active military duty.
Writ of Eviction. After a landlord wins a judgment of eviction against a tenant, the court will issue an eviction order authorizing the tenant's removal from the leased property.
Judgment. This form includes information such as the case number, the names of the plaintiff (landlord) and defendant (tenant), and the judgment ordered by the court.
Findings of Fact, Conclusions of Law, and Order for Judgment. This form is used to document the court's decision after a hearing regarding a dispute between a landlord and tenant where the landlord is seeking to evict the tenant.
Statement of Costs and Disbursements. This form provides a clear record of the costs and expenses associated with legal action and allows you to request reimbursement for those expenses from the other party.
Eviction Information for Landlords in North Dakota
Before initiating the eviction process to remove a tenant, the landlord must provide valid grounds for doing so.
This involves the tenant being properly served with an eviction notice informing them that the landlord believes there has been a breach of the lease agreement, which constitutes a reason for eviction.
In addition, a 3-day period must elapse during which the tenant does not comply with the eviction notice.
At this point, the landlord gains the right to initiate the eviction process by filing a complaint and summons. During the eviction process, the landlord must prove that there has been a violation of the lease agreement and that the tenant is unjustly occupying the leased property.
With a writ of possession, the landlord can legally evict the tenant.
Eviction Information for Tenants in North Dakota
Crucial tenant rights include the right to receive a proper and legal North Dakota eviction notice before beginning the eviction process. After receiving an eviction notice and being informed of the reason for the landlord's demand for their eviction, the tenant is obligated to comply with the request stated in the eviction notice.
If the tenant does not remedy the breach of the lease term within a reasonable period, the landlord may file a complaint with the court, and then the eviction process begins.
When it comes to the court process, tenants have the right to answer the landlord's complaint and contest the eviction in court in order to try to win the case and stay at the leased property.
How to Write an Eviction Notice in North Dakota
North Dakota Eviction Notice Checklist
North Dakota Eviction Notice FAQ
You can file a North Dakota eviction notice when a tenant violates the lease agreement, fails to pay rent when it's due, or refuses to leave the premises after a sale or court order.
A North Dakota eviction notice is required by law to begin the process of evicting a tenant. It informs the tenant that they have a certain amount of time to either pay the past-due rent or correct the lease violation, or they will be required to vacate the property.
The time it takes to evict someone in North Dakota can vary depending on the circumstances and how quickly the court system moves.
In general, the eviction process can take between 4 and 8 weeks from the time the eviction notice is served to the tenant to when the sheriff physically removes the tenant and their belongings from the property.
In North Dakota, a 3-day eviction notice is legal for most reasons for eviction, including nonpayment of rent, lease violations, and criminal activity on the premises.