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North Dakota Eviction Notice

A North Dakota eviction notice is a legal document that landlords use to inform tenants of violations of the lease agreement, such as non-payment of rent or other lease breaches. This notice serves as the formal starting point for the eviction process, allowing tenants the required time to respond or vacate the premises.

North Dakota Eviction Notice

North Dakota Eviction Notice

Types of North Dakota Eviction Notices

Landlords in North Dakota may utilize different types of eviction notices based on the reason for eviction:

3-Day Notice to Quit (Non-Payment of Rent)

  • Grounds: Issued when a tenant fails to pay rent.
  • Notice Period: The tenant must pay the overdue rent or vacate the premises within three calendar days after receiving the notice.
  • Legal Reference: North Dakota Century Code § 47-32-01.4.

3-Day Notice to Comply or Vacate

  • Grounds: Issued for curable lease violations, such as failure to maintain health and safety standards or interfering with neighbors’ quiet enjoyment.
  • Notice Period: The tenant must correct the violation or vacate within three calendar days.
  • Legal Reference: North Dakota Century Code § 47-32-01(8) and § 47-32-02.

3-Day Notice to Vacate

  • Grounds: Issued for incurable lease violations, such as substantial property damage or illegal activity.
  • Notice Period: The tenant must vacate within three calendar days.
  • Legal Reference: North Dakota Century Code § 47-32-01(8) and § 47-32-02.

30-Day Notice to Vacate

  • Grounds: Used to terminate month-to-month tenancies or fixed-term rental agreements.
  • Notice Period: The tenant must vacate within thirty calendar days.
  • Legal Reference: North Dakota Century Code § 47-16-07.

Eviction Process in North Dakota

The eviction process in North Dakota consists of several critical steps that landlords must follow to ensure compliance with state law:

Step 1: Serve Notice

Landlords must serve the appropriate eviction notice to the tenant. The notice must include:

  • The tenant’s full name and address.
  • A clear statement of the lease violation or reason for eviction.
  • The date by which the tenant must comply or vacate.
  • The landlord’s printed name, signature, and address.
  • The date and method of delivery.

Step 2: File Summons and Complaint

If the tenant does not comply with the notice, the landlord may file a Summons and Complaint with the local district court. The tenant must also be served with these documents.

Step 3: File Proof of Service

The landlord must gather and file proof of service for both the eviction notice and the Summons and Complaint, along with any necessary court fees.

Step 4: Attend Court Hearing

A court hearing will be scheduled. If the tenant fails to appear or the court rules in favor of the landlord, a judgment will be issued requiring the tenant to vacate.

Step 5: Obtain Writ of Eviction

If the tenant does not vacate after the judgment, the landlord can seek a Writ of Eviction to authorize removal by law enforcement.

To ensure that eviction notices are legally compliant, landlords must adhere to the following requirements:

  • Provide the correct amount of notice based on the reason for eviction.
  • Ensure the notice is delivered properly, which can include personal delivery, delivery to a suitable person at the tenant’s address, or delivery by certified mail.
  • Maintain proof of service as it may be required in court.

Statutes

FAQs

A North Dakota eviction notice is a legal document used by landlords to inform tenants of lease violations, such as unpaid rent or lease breaches. It provides tenants with a specified time frame to rectify the issue or vacate the premises, typically three days for most violations.

In North Dakota, an eviction notice can be served through various methods, including personal delivery to the tenant, delivery to a suitable person at the tenant’s address, or via certified mail. It’s important to retain proof of service, as it may be required in court.

North Dakota offers several types of eviction notices, including the 3-Day Notice to Quit for non-payment of rent, the 3-Day Notice to Comply or Vacate for lease violations, and the 30-Day Notice to Vacate for terminating month-to-month tenancies.

If a tenant fails to comply with an eviction notice within the specified time frame, the landlord can file a Summons and Complaint in the local district court to initiate the eviction process. A court hearing will be scheduled to determine the outcome.

The duration of the eviction process in North Dakota can vary. Typically, after serving a notice, if the tenant does not vacate, the landlord may need to wait for the notice period to expire, followed by court proceedings, which can take anywhere from a few weeks to a couple of months.

Grounds for eviction in North Dakota include non-payment of rent, lease violations, illegal activities on the property, and the termination of month-to-month tenancies. Each reason requires a specific type of notice and corresponding notice period.

No, a landlord cannot evict a tenant without first providing a legally compliant eviction notice. This notice must specify the reason for eviction and give the tenant an opportunity to rectify the situation or vacate the property.

A North Dakota eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s signature and contact information. It should also note the method of delivery.