North Dakota eviction laws

Notices, deadlines, court and tenant rights in North Dakota — in plain English.

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Overview

The court case: Eviction action
Court: North Dakota District Court for the county where the property is located
Main laws: N.D.C.C. Chapter 47-32 (Eviction), esp. §§ 47-32-01, 47-32-02, 47-32-04; Chapter 47-16 (Leasing of Real Property), esp. § 47-16-15

Just-cause protection

No statewide law

North Dakota has no just-cause eviction law. A landlord can end a month-to-month tenancy without a reason with one calendar month's notice, except for retaliation or discrimination. (N.D.C.C. § 47-16-15)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — Notice of Intention to Evict (3-Day)

Once rent has been unpaid for 3 days after it was due, the landlord must serve a written 3-Day Notice of Intention to Evict before filing. The statute does not give the tenant a right to stop the eviction by paying, but a landlord may accept full payment and drop the case.

Notice of Intention to Evict (3-Day)

Notice period

3 days

Counting

Rent must first be more than 3 days late. Then give at least 3 full days' notice before starting the eviction; do not count the day of service. Double-check with the court: whether weekends/holidays are excluded is not stated; N.D.R.Civ.P. 6 excludes them for periods under 11 days in court filings, so allowing 3 business days is safest.

Tenant can fix it?

Must include

Tenant name(s) and rental address
Statement that the tenant has failed to pay rent and the amount owed
Statement of the landlord's intention to begin an eviction action if the tenant does not vacate within 3 days
Date and landlord signature

How to serve

Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable; Post it on the door. Serve it the same way a summons is served (personally by a sheriff or any adult who is not a party, or by leaving it at the tenant's dwelling with a person of suitable age), OR by having the sheriff post it conspicuously on the premises. Keep the return/affidavit of service.

Law

N.D.C.C. §§ 47-32-01(4), 47-32-02

Accepting rent after serving the notice can waive it.
If the tenant pays in full before the hearing, courts may dismiss if the landlord accepts the payment.

The tenant broke the lease or rules — Notice of Intention to Evict (3-Day)

For a violation of a material term of the lease, the landlord serves a 3-Day Notice of Intention to Evict. North Dakota law does not give the tenant a right to cure.

Notice of Intention to Evict (3-Day)

Notice period

3 days

Counting

At least 3 full days before filing; day of service not counted. VERIFY treatment of weekends/holidays (allow 3 business days to be safe).

Tenant can fix it?

Must include

Tenant name(s) and rental address
The material lease term violated and the facts
Statement of the landlord's intention to begin an eviction action if the tenant does not vacate within 3 days
Date and landlord signature

How to serve

Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable; Post it on the door. Serve as a summons is served (sheriff or adult non-party, personally or by leaving with a suitable-age person at the dwelling), or by sheriff posting on the premises.

Law

N.D.C.C. §§ 47-32-01(8), 47-32-02

Disturbing other tenants' peaceful enjoyment is a separate ground (§ 47-32-01(7)). Double-check with the court: the statute lists the 3-day notice for grounds 4, 5, 6 and 8 only, so a notice may not be strictly required for disturbance cases, but serving the 3-day notice is the safer practice.

The lease ended and the tenant stayed — Notice of Intention to Evict (3-Day)

If the tenant stays after the lease has ended, the landlord serves a 3-Day Notice of Intention to Evict before filing. If the lease renewed month-to-month, the landlord must first end it with one calendar month's notice.

Notice of Intention to Evict (3-Day)

Notice period

3 days

Counting

Serve after the lease ends; give at least 3 full days before filing; day of service not counted.

Tenant can fix it?

Must include

Tenant name(s) and rental address
Statement that the lease ended on a specific date and the tenant is holding over
Statement of the landlord's intention to begin an eviction action if the tenant does not vacate within 3 days
Date and landlord signature

How to serve

Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable; Post it on the door. Serve as a summons is served, or by sheriff posting on the premises.

Law

N.D.C.C. §§ 47-32-01(4), 47-32-02

Accepting rent after the lease ends may create a month-to-month tenancy (N.D.C.C. § 47-16-06).

Ending a month-to-month tenancy (no fault) — Notice of Termination of Tenancy (One Calendar Month) → Notice of Intention to Evict (3-Day)

A month-to-month tenancy is ended by written notice of at least one full calendar month. If the tenant stays after the termination date, the landlord then serves the 3-Day Notice of Intention to Evict.

Notice of Termination of Tenancy (One Calendar Month)

Notice period

30 days (month-to-month: 30 days)

Counting

At least one calendar month's written notice; ending the tenancy at the end of a rental month is the safest practice.

Tenant can fix it?

Must include

Tenant name(s) and rental address
Statement that the tenancy is terminated and the termination date
Date and landlord signature

How to serve

Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); First-class mail; Certified mail (return receipt). The statute requires written notice; hand delivery or certified mail gives the best proof.

Law

N.D.C.C. § 47-16-15

Notice of Intention to Evict (3-Day)

Notice period

3 days

Counting

Serve after the termination date passes; at least 3 full days before filing.

Tenant can fix it?

Must include

Tenant name(s) and rental address
Statement that the tenancy terminated on a specific date
Statement of intention to begin an eviction action if the tenant does not vacate within 3 days
Date and landlord signature

How to serve

Law

N.D.C.C. §§ 47-32-01(4), 47-32-02

Illegal activity, violence or serious damage — Notice of Intention to Evict (3-Day)

Illegal activity or serious damage is usually handled as a violation of a material lease term (or disturbance of other tenants), using the 3-Day Notice of Intention to Evict.

Notice of Intention to Evict (3-Day)

Notice period

3 days

Counting

At least 3 full days before filing; day of service not counted.

Tenant can fix it?

Must include

Tenant name(s) and rental address
The illegal activity, damage or disturbance and the lease term violated, with facts
Statement of intention to begin an eviction action if the tenant does not vacate within 3 days
Date and landlord signature

How to serve

Law

N.D.C.C. §§ 47-32-01(7), (8), 47-32-02

How a tenant responds

The summons sets a hearing 3 to 15 days after it is issued. The tenant may file a written answer before the hearing or answer at the hearing, and should appear with any defenses. If the tenant does not appear, the landlord usually gets judgment. If the landlord wins, the tenant may ask for a stay of up to 5 days if moving immediately would cause hardship.

Deadline: at the hearing (no fixed written-answer deadline) · N.D.C.C. §§ 47-32-02, 47-32-04

Official court forms

Landlords

Form 1a — Notice to Evict (3-day, rent or possession)
Eviction Complaint
Eviction Summons
Writ of Eviction

All North Dakota forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.