Under N.D. Cent. Code § 47-32-01, a landlord may evict when a tenant holds over or 'fails to pay rent for three days after the rent is due.' Section 47-32-02 then requires three days' written notice of intention to evict for nonpayment, holdover, and lease-violation cases before a court action can be filed.
Section 47-32-01 makes an eviction action maintainable when a lessee 'holds over after the termination of the lease... or fails to pay rent for three days after the rent is due' (subsection 4) or 'violates a material term of the written lease agreement' (subsection 8). Section 47-32-02 then requires that 'in all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given to the lessee... before proceedings can be instituted.' After notice, the summons sets an appearance 'not... fewer than three nor more than fifteen days' from issuance. Personal service must occur at least three days before the appearance date. A court may stay execution up to five days for substantial hardship (§ 47-32-04). North Dakota's expedited eviction is a court process — self-help lockouts are not permitted.
No specific statutory penalty. Skipping the required three-day notice or using self-help can result in dismissal of the eviction; a landlord must proceed through district court to recover possession.
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