North Dakota Statewide Rule
North Dakota Eviction Notice Requirements
Key Facts
- Nonpayment trigger
- Rent unpaid 3 days after due (§ 47-32-01(4))
- Notice required
- 3 days' written notice of intention to evict (§ 47-32-02)
- Appearance window
- 3 to 15 days from summons issuance
- Hardship stay
- Court may stay execution up to 5 days (§ 47-32-04)
Summary
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.
47-32-02. Appearance - Notice of intention to evict - When required - When and how served. In any action for eviction the time specified in the summons for the appearance of the defendant may not be fewer than three nor more than fifteen days from the date on which the summons is issued. If the person cannot be found in the county, of which the return of the sheriff or process server is prima facie proof, and service has been attempted at least once between the hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's attorney stating that the defendant cannot be found or on belief that the defendant is not in this state and a copy of the summons has been mailed to the defendant at the defendant's last-known address if any is known to the plaintiff, service of the summons may be made upon the defendant by the sheriff or process server posting the summons upon the door of the residential unit. 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, subtenant, or party in possession, before proceedings can be instituted.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How many days' notice is required to evict in North Dakota?
When can a North Dakota landlord evict for unpaid rent?
Sources
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