North Dakota Eviction Laws

There are numerous reasons for a landlord to begin the North Dakota eviction process against a tenant. The most common reason is for nonpayment of rent but others include a tenant who has violated a material provision of the lease. These include the following:

  • Conduct that substantially interferes with the rights of other tenants to enjoyment of their units or apartments
  • Unreported pets
  • Unauthorized persons living in the unit
  • Unlawful activity on the premises

Unlawful Tenant Evicition

A A landlord may not take action outside of the judicial process to legally evict a tenant for any reason, no matter if the tenant is engaged in unlawful conduct or has not paid the rent for months. A landlord may never forcibly evict a tenant for any reason. If a tenant is forcibly removed they need to contact the police.

3-Day Notice of Intention to Evict

For nonpayment of rent the landlord must serve an eviction Notice called a 3-Day Notice of Intention to Evict. The notice must be served by the sheriff or process server on the tenant or be left in a conspicuous location such as being posted on the door.

The notice must state that the tenant is permitted 3 days to pay the rent, or remedy the specific lease provision being violated.

This notice is not a legal requirement that the tenant move within 3 days since only a court order can force the tenant to vacate.

30-Day Notice to Vacate

If there is no written lease, or the lease term has expired or it has become a month-to-month lease, the landlord must serve a 30-day notice to evict the tenant. No reason for the eviction may be given in this instance.

For more information about North Dakota eviction please visit:

http://www.ag.nd.gov/Brochures/FactSheet/TenantRights.pdf

http://portal.hud.gov/hudportal/HUD?src=/states/north_dakota/renting


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