Eviction In North Dakota

Eviction, known formally as the repossession of rental property, occurs when a tenant fails to uphold the terms of their lease agreement. Landlords in North Dakota have the right to terminate a lease early and reclaim their property for a variety of lawful reasons, but the process must follow specific legal procedures, including adherence to state laws.

Tenants in North Dakota, like tenants in every state, have rights that allow them to contest an eviction in court. These protections ensure that neither party is taken advantage of or treated unfairly. Landlords should be prepared for the possibility that an eviction may not end with a simple notice to vacate. If a tenant refuses to leave, the landlord must file an eviction action in court. These legal proceedings can often take time and involve hefty costs, but if your case is valid, you may be able to recover some of these expenses.

If you own and rent properties in the state of North Dakota, you are responsible for complying with North Dakota eviction laws. Regulations can change, so it’s wise to be informed about any pending legislation that could affect the eviction process. By operating within the law and following each procedural step carefully, you’ll protect your business interests and minimize legal risks. In this article, we break down each step of the legal eviction process in North Dakota.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. North Dakota’s eviction laws can be found at NDC § 47-32-01 to 47-32-04.

Reasons for Eviction in North Dakota

In North Dakota, a tenant can be evicted for nonpayment of rent, violating the lease or rental agreement, engaging in illegal activity, or committing other acts specified in state law (N.D. Cent. Code § 47-32-01). Below, we’ll cover different reasons for eviction and what property owners need to know.

Nonpayment of Rent

In North Dakota, rent is due on the date specified in the lease agreement. If a tenant fails to pay rent on time, landlords may issue a three-day written notice to either pay the overdue rent or vacate the premises (N.D.C.C. § 47-32-02(4)). If the tenant does not comply within that period, the landlord may proceed with filing an eviction action in district court.

Partial payments during the eviction process can complicate a case and, in some instances, may be interpreted by the court as waiving the eviction. It’s best to follow a clear policy and seek legal advice before accepting them.

Lease Violations

Under NDC § 47-32-01_ _, a tenant may be evicted for violating any substantial term of the lease agreement or for failing to meet legal obligations as a tenant. This includes:

• Causing substantial damage to the property
• Creating a nuisance or disturbing other tenants
• Keeping unauthorized occupants or animals on the premises
• Failing to maintain the rental unit in a safe and clean condition

When a lease violation happens, the landlord may serve the tenant with a three-day notice to correct the violation or vacate. If the tenant fails to cure the issue in time, the landlord may file for eviction.

Illegal Activity

North Dakota law permits eviction if the tenant engages in unlawful conduct on the rented property, including illegal drug activity, violent crimes, or other criminal offenses (N.D.C.C. § 47-32-01(6)). In cases of illegal activity, landlords are generally not required to give the tenant an opportunity to correct the behavior before proceeding with eviction.

Examples of illegal activity include:

• Manufacturing, possessing, or distributing controlled substances
• Using or discharging a firearm unlawfully
• Committing assault or other violent acts on the property

Illegal activity is typically addressed with an unconditional three-day notice to quit, requiring the tenant to vacate without the option to remedy the violation.

Additional Reading: North Dakota Landlord Tenant Rental Laws & Rights [2025]

Step-By-Step North Dakota Eviction Process

1. Landlord serves a three-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Landlord and tenant attend court hearing and receive judgment.
5. Writ of restitution is served and tenant must move out.
6. Sheriff returns to forcibly remove the tenant.

In North Dakota, tenants can be evicted for any of the following reasons (NDC § 47-32-01):

• Entering and taking possession of a property via force, intimidation, fraud, or stealth
• Menacing conduct or threats
• Unlawfully holding over and keeping possession by force or by menaces and threats of violence
• Failing to pay rent for three days after rent is due
• Continuing in possession after the property has been sold and having received a termination notice
• Continuing wrongly in possession after a judgment in partition or after a sale under an order or decree of a district court
• Unreasonably disturbing other tenants’ peaceful enjoyment of the premises
• Violating a material term of the written lease agreement

1. Landlord Serves a Three-Day Eviction Notice

If any of the above lease violations occur, the landlord must first serve a North Dakota eviction notice (also known as a Notice of Intention to Evict) and state that the tenant has the appropriate number of days to remedy or cure the violation. There are two possible eviction notices a landlord may send in North Dakota:

• Rent Demand Notice: 3 days to pay or quit (downloadable here). If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than three days after receipt of the notice) (NDC § 47-32-01(4)).
• Lease Violation Notice: 3 days to quit (downloadable here). If a tenant violates another lease term, the landlord must deliver this notice stating the breach and the date on which the lease will terminate (not less than three days after receipt of the notice) (NDC § 47-32-02). The landlord is not required to give the tenant an opportunity to cure or fix the violation.

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file a Complaint for Eviction (downloadable here) in North Dakota District Court. The complaint form includes the following:

• The county and case number
• The names and information of both parties
• The type of lease (oral or written. If written, a copy of the lease should be attached)
• The rent rate, late fee amount, and corresponding lease term
• The tenant’s lease violation or reason for eviction
• Any damages and delinquent rent the landlord is claiming
• The landlord’s signature, address, and the date

The landlord will also need to pay an $80 filing fee at this time.

Note that North Dakota eviction laws strictly limit landlords’ ability to combine other claims with eviction claims besides claims for rent or damages. If you are seeking to file other claims related to the tenancy, you will need to file those separately.

3. Court Serves Tenant a Summons

After the landlord files a claim, the court will issue a Summons (downloadable here) which must be completed. The summons demands the tenant’s presence at a court hearing, which will be scheduled three to 15 days after the summons issuance date (NDC § 47-32-02). The summons also includes:

• The county and case number
• The names and information of both parties
• The courthouse and city of the hearing
• The rental property’s address
• A warning that failure to appear may result in a default judgment in the landlord’s favor
• A statement that the tenant has the right to have their case heard and decided by a judge of the District Court instead of a judicial officer like a Judicial Referee, and that the tenant must file a written request within seven days to use this right
• The date and landlord’s signature

This summons must be served with a copy of the complaint to the tenant by the sheriff or other authorized process server (the fee to have the sheriff serve the summons is $30). If the sheriff/process server cannot serve the documents personally after attempting at least once between 6:00 p.m. and 10:00 p.m., an affidavit will be filed, and copies will be mailed to the tenant at their last known address. The sheriff will also post a copy on the front door of the rental unit (NDC § 47-32-02).

The court documents must be served at least three days before the hearing date for personal service within the county, or at least seven days before the hearing if service is made elsewhere or by any other mode (NDC § 47-32-02).

4. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterward issue a judgment. If the judge rules in the landlord’s favor, a judgment will be entered for the landlord’s immediate restitution of the premises. A writ of execution will also be issued, authorizing the tenant’s removal from the premises (NDC § 47-32-04).

5. Writ of Restitution is Served and Tenant Must Move Out

Once issued, the writ must be served to the tenant by the sheriff’s office for a fee of $30. North Dakota law does not specify how long tenants have to move out of the property after the sheriff serves the writ to the tenant. Typically, tenants get between 24 hours to a few days to move out.

However, North Dakota law does state that if a tenant can show that their immediate removal would cause a substantial hardship on them or their family (except in cases in which the tenants were disturbing others’ peace), the court may “stay” (delay) the execution of the writ for a reasonable period no longer than five days (NDC § 47-32-04). If granted, the tenant will have additional time to move out of the property.

6. Sheriff Returns to Forcibly Remove the Tenant

If the tenant does not move out within the timeframe provided by the writ and/or the court, the sheriff will return to forcibly remove the tenant and restore possession of the property to the landlord. The sheriff can charge a fee of $50 for the execution of the writ.

Evicting a Squatter in North Dakota

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In North Dakota, squatters must have lived in the property for 20 continuous years (or ten years if the squatter also has had color of title and paid property taxes) to invoke North Dakota squatters rights and claim right of possession (NDC § 28-01-04; 47-06-03). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in North Dakota to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in North Dakota, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per North Dakota eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: North Dakota Squatter's Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in North Dakota?

This chart shows estimates of the approximate cost of an eviction in North Dakota, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in North Dakota?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips For Landlords

Eviction is rarely the preferred solution—preventing it is almost always the best route. By taking proactive measures, you can reduce the likelihood of needing to remove a tenant and avoid the stress, time, and expense that comes with the process. Consider the following strategies:

• Screen applicants thoroughly to identify potential red flags before they become problems
• Run credit, criminal, and eviction history checks to get a complete picture of each prospective tenant.
• Conduct regular property inspections to ensure units are being maintained and lease terms are being followed.
• Use clear, straightforward lease agreements that avoid overly technical or confusing language. This helps tenants fully understand their responsibilities from the start.
• Offer reasonable grace periods when possible—a little flexibility can help maintain positive landlord-tenant relationships and prevent issues from escalating.
• Maintain open communication so tenants feel comfortable bringing problems to your attention early, when they can still be resolved.
• Avoid jumping straight to eviction if a workable solution exists. Options like payment plans or temporary lease adjustments may help resolve the situation without legal action.

Additional Reading: North Dakota Background Checks & Screening Online

If eviction does become necessary, make sure you’re on solid legal ground by:

• Following all court deadlines and procedures to avoid delays or dismissal of your case.
• Keeping detailed records of communications, payments, notices, and evidence of any violations for use in court.
• Avoiding “self-help” evictions, such as removing tenant belongings, changing locks, or shutting off utilities. These actions are illegal in North Dakota and can lead to serious legal consequences.
• Using property management tools to automate rent collection, track notices, and store records securely.
• Not accepting partial rent payments during the eviction process unless you have a written agreement in place, as doing so could undermine your case.
• Consulting a qualified eviction attorney who can guide you through North Dakota’s specific landlord-tenant disputes laws and ensure your case is handled correctly.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and North Dakota laws on eviction, you can feel more confident pursuing an eviction in this state.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

FAQs

What are the main reasons for eviction in North Dakota?

The primary reasons for eviction include nonpayment of rent, lease violations, and illegal activity on the property. Tenants can be evicted if they fail to comply with the terms set forth in their lease agreement.

How much notice must a landlord give for nonpayment of rent?

Landlords are required to provide a three-day written notice for nonpayment of rent, allowing the tenant time to either pay the overdue amount or vacate the premises.

Can a tenant contest an eviction?

Yes, tenants have the right to contest an eviction in court. This ensures that neither party is treated unfairly and allows the tenant to present their case before a judge.

What costs are associated with filing an eviction?

The costs can include a filing fee of $80, service of court summons for $30, and legal fees ranging from $500 to $10,000. Other costs may vary depending on the case specifics.

How long does the eviction process typically take?

The total process usually takes between 2 to 8 weeks, depending on the complexity of the case and the court's schedule.

Are landlords allowed to perform "self-help" evictions?

No, any form of "self-help" eviction, such as changing locks or removing tenant belongings, is illegal in North Dakota and can lead to serious legal consequences.

What can landlords do to prevent evictions?

To prevent evictions, landlords should thoroughly screen applicants, maintain open communication, and use clear lease agreements. Proactive measures can help avoid the need for eviction and maintain positive relationships with tenants.

Court Documents

• 3-Day Notice of Intention to Evict: Demand for Rent or Possession of the Premises
• 3-Day Notice of Intention to Evict (Other)
• Complaint for Eviction
• Summons

Additional Resources

• Overview of North Dakota eviction process and forms—This packet may be provided to you when you ask the clerk to file an eviction action. It provides instructions for filling out eviction forms and completing the legal process.
• Eviction for Landlords – A page about eviction on the state of North Dakota Courts website.
• Eviction Forms packet – This pdf includes all the forms required for eviction complaints, including instructions on how they should be completed and filed.