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Pay or Quit – Notifies the tenant that rent has not been paid. It gives a final opportunity to resolve the issue before eviction.
Cure or Quit – Used when lease terms are violated. The notice explains the issue and what the tenant must do to fix it.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly rental with proper notice. It allows time for relocation.
Notice to Quit for Illegal Activity – Issued when unlawful conduct occurs at the rental. These notices often move straight to eviction.
Eviction Laws
- Rent Grace Period: None.
- Non-Payment of Rent: 3 days.[1]
- Non-Compliance: 3 days.[2]
- Substantial Damage to Property: 3 days.[2][3]
- Termination of Month-to-Month Lease: 30 days.[4]
- Eviction Lawsuit Type: Evictions.[5]
- Utility Shutoff – A landlord may not attempt to force a tenant out by shutting off utilities. Cutting off essential services as a means of eviction is illegal under North Dakota law.[6][7]
- Changing the Locks – A landlord who forcibly removes or excludes a tenant without a court order may be held liable for up to three times the amount of damages suffered by the tenant.[8]
Any attempt to bypass the court process can result in significant financial penalties.
How to Evict a Tenant in North Dakota (Step-by-Step)
Step 1: Serve the Eviction Notice
Before filing in court, the landlord must serve the tenant with written notice. The notice must give three days to cure the violation or vacate, unless the eviction is for ending a month-to-month tenancy. Acceptable service methods include personal service, mail, or service by the sheriff. The landlord should retain proof of service for the court. Common notices include:
- 3-Day Notice to Quit
- 30-Day Notice to Quit (Month-to-Month Tenancy)
Step 2: File the Summons and Complaint
If the tenant fails to comply, the landlord may file a Summons and Complaint for Eviction in the district court where the property is located. These documents must also be properly served on the tenant.
Step 3: File Proof of Service and Court Documents
After service is completed, the landlord must file:
- Proof of service for the notice
- Proof of service for the summons and complaint
- Findings of Fact
- Judgment
The required filing fee is $80.[9]
Step 4: Attend the Court Hearing
The court will schedule a hearing. If the tenant does not appear or the judge rules in favor of the landlord, the court will issue a judgment ordering the tenant to vacate.
Step 5: Obtain a Writ of Eviction
If the tenant remains after judgment, the landlord must request a Writ of Eviction. Once issued, the sheriff is authorized to remove the tenant from the property.
Court Forms & Resources
- All Eviction Forms and Instructions – A comprehensive packet containing the forms and instructions needed to begin an eviction case.
- Complaint for Eviction – Filed by the landlord to explain the reason for eviction and formally start the case.
- Summons – Filed with the court and served on the tenant, providing notice of the lawsuit and trial date.
- Findings of Fact – Prepared by the landlord before trial and completed by the court once a decision is made.
- Judgment – Reflects the court’s final ruling in the eviction case.
- Writ of Eviction – Required if the tenant does not vacate voluntarily after judgment. This authorizes the sheriff to remove the tenant.
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