North Dakota Statewide Rule
North Dakota Eviction Procedure Statewide Standard
Key Facts
- Statute
- N.D.C.C. ch. 47-32
- Nonpayment notice
- 3 days to evict (47-32-02)
- Month-to-month notice
- One calendar month, no cause
- Just cause required
- No
- Self-help
- Not permitted
Summary
North Dakota Century Code Chapter 47-32 governs eviction actions uniformly statewide. North Dakota does not require just cause for non-renewal; a landlord may end a month-to-month tenancy with at least one calendar month's written notice under N.D.C.C. 47-16-15.
An action of eviction to recover the possession of real estate is maintainable in the proper district court when: 1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same. 2. A party, after peaceably entering upon real property, turns out by force, threats, or menacing conduct the party in possession. 3. A party, by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the possession was acquired peaceably or otherwise. 4. A lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the lessee's term, or fails to pay rent for three days after the rent is due.
Full Breakdown
Eviction procedures in North Dakota are governed by N.D.C.C. chapter 47-32 and apply uniformly statewide. Grounds for eviction, including nonpayment of rent three days after it is due, are set in N.D.C.C. 47-32-01, and N.D.C.C. 47-32-02 requires three days' written notice of intention to evict before an action is filed. Month-to-month tenancies may be terminated by either party with at least one calendar month's written notice under N.D.C.C. 47-16-15, without stating cause. North Dakota has no just-cause eviction statute, and eviction is a court process - self-help lockouts and utility shutoffs are not permitted.
Violations & Penalties
Self-help eviction is not allowed. A landlord who uses lockouts or utility shutoffs instead of the court process risks dismissal and liability; possession must be recovered through a district-court eviction action.
Frequently Asked Questions
Does North Dakota require just cause to evict a tenant?
How long is the notice for nonpayment of rent?
Sources
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