The North Dakota thirty (30) day notice to quit, in accordance with 47-16-07, is to be served on a month-to-month tenant to notify them of the landlord’s intention to terminate the rental/lease agreement. The notice cannot be served by the landlord (it must be served by a third party such as a private process server, or the sheriff). The notice provides the tenant with thirty (30) days to vacate the rental property. If the tenant does not vacate the property by the end of the 30th day of the notice period, the landlord can file an eviction action in the district
North Dakota Eviction Process & Laws | Free ND Eviction Notices
The North Dakota three (3) day notice to pay or quit, according to Chapter 47-32, can be used to evict a tenant for failing to pay rent, breaching the lease agreement, damaging property, disturbing the peace, or conducting illegal activity on the premises of the rental property. The notice cannot be served by the landlord, it must be delivered via a third party. Acceptable forms of service include personal delivery, certified mail, or service through the Sheriff. If the notice is served personally or through certified mail, an affidavit of service must be filled out by the person/entity who served
How to Evict a Tenant (Process)
North Dakota State law requires that tenants receive a minimum of three (3) days notice before a landlord can file an eviction action in court against a tenant. Although evictions are usually due to non-payment of rent, tenants can also be evicted if they damage property, commit illegal activity, fail to vacate after the rental period expires, or disturb the peace. The three day notice to quit/pay cannot be served to the tenant by the landlord, it must be served by a third party. The notice can be served personally, through certified mail, or by the Sheriff. If the notice is served personally or via mail, an affidavit of service must be filled out.
Step 1 – The first step to evicting a tenant is serving them the notice. If the tenant fails to take any action (i.e. pay rent, vacate the unit, cure the violation), the landlord can file an eviction lawsuit.
Step 2 – File a Summons and Complaint in the district court of the county where the rental property is located. After filing the forms and paying the filing fee, a copy of the Summons and Complaint must be served on the tenant. Again, the notice must be served by a third part and an affidavit of service must be completed by the server.
Step 3 – After the Complaint/Summons have been served on the tenant the following forms must be filed with the clerk:
– Summons/Complaint Affidavit of Service
– Eviction Notice
– Eviction Notice Affidavit of Service
– “Findings of Fact, Conclusions of Law, Order and Judgement”
Step 4 – Both the landlord and tenant must show up on the date of the hearing. Bring any relevant documentation (lease agreement, payment history, etc.) and evidence. If the Judge rules in favor of the landlord, the tenant will be required to vacate the rental unit (and may be ordered to pay any back rent/legal fees to the landlord). If the tenant does not move out within the time frame specified by the Judge, the landlord can make a request in court that the Sheriff evict the tenant from the premises of the rental property.