North Dakota eviction law

An eviction action may be brought once rent is unpaid for three days after it is due. Before filing, serve three days' written notice of intention to evict.

N.D.C.C. § 47-32-01(4) N.D.C.C. § 47-32-02

• Serve the notice the way a summons is served or, if the tenant cannot be found, have the sheriff or a process server post it conspicuously on the premises. N.D.C.C. § 47-32-02
• Chapters 47-16 and 47-32 give the tenant no right to stop the eviction by paying after the notice. N.D.C.C. § 47-32-01(4) N.D.C.C. § 47-32-02
• How a summons is served is set by the court rules, which this page did not read. N.D.C.C. § 47-32-02

Violating a material term of the written lease is a ground for eviction after three days' written notice of intention to evict, served the same way as the notice for unpaid rent. Chapters 47-16 and 47-32 set no cure period.

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

• Unreasonably disturbing other tenants' peaceful enjoyment, by the tenant or by someone on the premises with the tenant's consent, is also a ground for eviction, and the three-day notice is not required for it. N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-02
• You may also end the lease early if the tenant uses the premises contrary to the lease, or does not make repairs the tenant is bound to make within a reasonable time after you ask. N.D.C.C. § 47-16-16

Eviction is a court action under chapter 47-32. Grounds include rent unpaid three days after it is due, holding over after the lease ends, violating a material lease term and unreasonably disturbing other tenants; all but a disturbance need three days' written notice of intention to evict first.

N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-02

• An eviction action cannot be joined with other claims, except for rents and profits accrued or damages arising from the tenant's possession, and a counterclaim is allowed only as a setoff to such a claim. N.D.C.C. § 47-32-04
• If you win, the judgment is for immediate restitution of the premises. On a showing of substantial hardship the court may stay the special execution for up to five days, unless the judgment rests in whole or in part on a disturbance of the peace. N.D.C.C. § 47-32-04
• The case is brought in the proper district court. N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-04
• Chapter 47-32 also has a section on sealing eviction court records; its terms are not summarized here. N.D.C.C. § 47-32-05
• A tenant evicted according to law stays liable for rent for the rest of the term, subject to your duty to mitigate damages. N.D.C.C. § 47-16-13.7

This page states no North Dakota rule on lockouts or utility shutoffs. The review behind it recorded none, and no other law on the subject was read.

• Your duty to supply running water, reasonable hot water and reasonable heat is part of your maintenance duties. N.D.C.C. § 47-16-13.1 See Repairs and habitability on the North Dakota page

You may keep and dispose of property with a total estimated value of $2,500 or less, without legal process, 28 or more days after you get actual notice that the tenant has vacated or 28 or more days after it reasonably appears that the tenant has vacated.

N.D.C.C. § 47-16-30.1

• You are entitled to the proceeds of a sale and may recover from the security deposit any storage and moving costs of disposing of the property that exceed the proceeds. N.D.C.C. § 47-16-30.1
• If you remove the property after getting an eviction judgment and serving the special execution, you have a lien on it for reasonable storage and moving costs and may keep it until they are paid. The lien does not outrank a prior perfected security interest. N.D.C.C. § 47-16-30.1

No one may refuse to rent, refuse to negotiate, make a dwelling unavailable, deny it or otherwise retaliate in renting against a person solely because a tenant or applicant, or a household member, used the domestic violence termination right. You also may not use the right of entry to harass or intimidate a tenant.

N.D.C.C. § 47-16-17.1(10) N.D.C.C. § 47-16-07.3

• No broader retaliation rule was found in chapters 47-16 and 47-32; other North Dakota law was not read. N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32