North Dakota Eviction Laws: The Process and Timeline in 2025

As a landlord in North Dakota, dealing with an eviction situation can feel overwhelming. The state (like many others across the US) has its own specific eviction timeline process, as well as requirements for notice types and legal procedures. 

Throw in the emotions that go into evicting a tenant, and you’ll find that even the smallest misstep can completely invalidate an eviction or lead to delays.

When it comes to evicting a tenant in North Dakota, knowing the proper legal framework isn’t just a helpful addition – it’s absolutely essential if you want to see a quick and tidy process play out. 

The process typically takes 2-8 weeks from start to finish, depending on the type of eviction and the various elements at play. Plus, new legislation, including the 2025 amendments introduced by SB2366, has brought along new requirements that landlords and property owners must keep in mind.

In this short guide to North Dakota eviction laws in 2025, we’ll take a look at:

• The complete step-by-step eviction process in North Dakota
• Legal grounds for eviction and the required notice periods for each type
• The special considerations required for rural properties and mobile homes
• Your rights and responsibilities as a landlord throughout the eviction process
• The timelines, deadlines, and documentation you’ll want to manage

No eviction process is enjoyable – but with the right information, you can help minimize the challenges and make it much smoother for everyone involved.

What Are The Legal Grounds for Eviction in North Dakota?

The very first step in any eviction process is knowing whether or not you have legal grounds to evict your tenant in the first place. Under North Dakota Century Code § 47-32-01, landlords and property owners must have one of the following reasons to legally initiate eviction:

1. Nonpayment of Rent (3-Day Notice Required)

One of the most common reasons for a North Dakota eviction is a failure to pay rent. In the state, landlords must provide a written 3-day notice to the tenants to either pay the overdue rent or vacate the premises. 

This grace period begins after the rent’s due date, as specified within the lease agreement – so you’ll want to make sure to have that in writing.

2. Lease Agreement Violations (3-Day Notice Required)

Has your tenant violated the material terms of your written lease agreement? This is one of the most common reasons for eviction in North Dakota, and the state doesn’t require landlords to offer tenants an opportunity to correct lease violations. 

While proper online tenant screening can help weed out potential violators, lease violations can still happen. The most common lease violations include:

• Unauthorized occupants living in the unit
• Having pets when not permitted
• Engaging in prohibited activities on the property
• Causing significant damage beyond normal wear and tear
• Creating disturbances that interfere with other tenants' peaceful enjoyment

3. End of Lease Term (30-Day Notice Required)

The most common non-conflict-related reason to evict tenants is due to the simple fact that a lease has ended. 

In this case, month-to-month or fixed-term lease tenants must receive a 30-day written notice to terminate the tenancy. In the notice, the landlord must clearly state the date by which the tenant must vacate the property – and no specific reason as to why the lease has been terminated is required by law.

4. Property Sale or Foreclosure (3-Day Notice Required)

Sometimes, a rental property is sold through a mortgage foreclosure, execution sale, or another kind of judicial process. In this case, the property’s new owner can choose to evict existing tenants with a 3-day notice. 

It’s important to note that federal law may offer protection for tenants in certain foreclosure situations, so make sure to do your homework before attempting to execute this type of eviction.

5. Illegal Activities (3-Day Notice Required)

While rare, there are still instances when tenants may be engaging in illegal activity on the rental property. In this case – much like violating the lease agreement – tenants can be evicted with a 3-day notice to vacate. Illegal activities go beyond the more basic lease-breaking issues, including:

• Drug-related criminal activity occurring on the premises
• Acts of violence or threats of violence to those in the home or nearby
• Any activity that presents an immediate threat to health, safety, or property

Related: Montana Evictions | Laws and Protections

What Is The North Dakota Eviction Notice Process??

Evictions can impact the success of your real estate portfolio – which is why it’s important to handle them efficiently. 

Before you file a court action in an eviction, it’s important to properly serve your tenants with the appropriate written notice. An improper notice can lead to your eviction case being dismissed outright and force you to start the entire eviction process over again.

Required Notice Periods & Documentation Requirements in North Dakota

Each eviction type has its own unique notice periods under North Dakota state law:

3-Day Notice to Pay or Quit

In the case of an eviction due to the nonpayment of rent, the eviction notice sent by landlords must include:

• The exact amount of rent owed
• A clear statement that the tenant has 3 days to either pay the full amount or vacate
• The date the notice is served
• The date by which the tenant must pay or move out
• The landlord's signature and contact information

3-Day Notice for Lease Violations

If the tenant has broken the lease agreement, the landlord must then send a notice of eviction, including the following details:

• Specify the exact violation(s) of the lease agreement
• Reference the relevant lease clause being violated
• State that the tenant has 3 days to vacate the property
• Unlike some states, North Dakota doesn't require giving tenants a chance to cure lease violations

30-Day Notice for Lease Termination

When you are ending month-to-month tenancies or not renewing a lease, it’s essential to get ahead by providing a longer 30-day notice. With the longer timeline, there are specific things to remember:

• The notice must be served at least 30 days before the intended termination date
• The termination date should coincide with the rental period's end
• No specific reason for termination needs to be provided

How Do You Properly Serve North Dakota Eviction Notices?

Landlords are required to prepare the proper eviction notice and serve them in the right way. Under law, North Dakota notices are required to be served in one of these ways:

• The notice is delivered to the tenant personally
• A copy of the notice is delivered and left with an individual of a suitable age at the tenant’s residence
• The notice is posted in a clear and conspicuous place on the property – and a copy is mailed to the tenant's last known address

While you are preparing and sending your North Dakota notices for eviction, it’s essential that you document every part of the process – as this will help you move through the legal process much more quickly. 

Make sure all notices include the right information and that you keep track of:

• The date, time, and method of service
• Photos if posting the notice
• Copies of all notices and certified mail receipts
• Names of any witnesses to the service

What About Eviction Notices for Rural Properties?

For rental properties in rural North Dakota, landlords must keep in mind that the distance may require a bit of extra time and effort. 

• Additional time may be needed to deliver the notice in remote areas of the state
• Weather conditions during winter months can impact the tinting of eviction notice servicing
• You may want to consider using certified mail with a return receipt for documented delivery to rural locations
• Multiple posting locations may be necessary for larger rural properties

Related: Minnesota Evictions | Laws and Protections

What Is The Process for Filing the Eviction Complaint in North Dakota Courts?

Should the eviction notice period expire, and the tenant hasn’t vacated the property, the next step is to file a formal eviction complaint in the North Dakota District Court. At this point, you’ll want to follow the exact process carefully and handle all timing and documentation to make sure that your case moves through the system successfully.

Court Filing Requirements

In order to initiate the eviction lawsuit in North Dakota, you'll need to submit:

• A completed Complaint for Eviction form ($80 filing fee)
• Copy of the written lease agreement
• Proof that proper notice was served
• Documentation of the lease violation (payment records, photos, incident reports)
• Your contact information and the tenant's information

Remember: North Dakota law limits combining other claims – such as unpaid utilities or property damage – with the eviction action. Each of these must be filed as separate cases.

What Is The Summons Process?

Once you’ve filed the eviction complaint, the court will then issue a summons that must be properly served to the tenant. The summons will:

• Schedule a hearing date (typically 3-15 days after filing)
• Let the tenant know about their right to appear and contest the eviction
• Clearly explain that failure to appear may result in a default judgment
• Include a notice about the right to request a District Court Judge instead of a Judicial Referee

The summons and the complaint must be served by a sheriff or other authorized process server (a $30 service fee), and they will often attempt personal service between 6:00 p.m. and 10:00 p.m. Should the personal service fail, the complaint and summons will be posted clearly on the property and mailed to the last known address.

For mobile home evictions, it’s important to remember that extra requirements may apply:

• There are different timeline requirements and notice provisions – depending on whether the tenant owns or rents the mobile home
• Special consideration for the removal of the mobile home itself
• Additional documentation requirements regarding lot rent and utility payments

The Eviction Hearing & Writ of Restitution

Once the summons has been serviced, it’s time for the next stage in the North Dakota eviction process: the hearing and the judge's writ of restitution. While each case is unique, the hearing typically includes:

• A presentation of evidence by both parties involved in the eviction
• A full review of the provided documentation and lease forms[ and terms
• Any witness testimony, if relevant to the case
• The judge's immediate ruling in most cases

If the judge in the case rules in favor of the landlord, the court will then issue a writ of execution of the eviction, and the sheriff will then serve the writ to the tenant. At this point, the tenant typically has 24 hours to 5 days to vacate the property fully. In some cases, a tenant may request a hardship stay – which can add up to 5 additional days.

What About If The Tenant Doesn’t Vacate?

Once all parts of the eviction process are complete, there’s still the matter of the tenant leaving the property. Should the tenant refuse to move out voluntarily, there are steps the landlord can take:

• The sheriff can be asked to come to the property to enforce the writ ($50 fee)
• The property owner or landlord can then change the locks and take possession of the property
• The owner must follow proper procedures for abandoned property

Only the sheriff can return to remove tenants who refuse to leave – so make sure to follow the proper procedures to avoid legal action or risk.

A Timeline View of the North Dakota Eviction Process

Common North Dakota Eviction Questions

What Is The First Step In The Eviction Process For Landlords In North Dakota?

The first step in North Dakota's eviction process is serving the proper written notice to your tenant. The notice must clearly state the reason for eviction and be properly served in person or posted on the property in a clearly visible spot.

What Are the Eviction Laws for Tenants in Rural Areas in North Dakota?

In most cases, rural evictions in North Dakota follow the same basic legal framework as urban areas. 

However, the service of notice may require extra time due to remote locations, courts may grant additional time for responses due to travel distances, and sheriff services for writs of execution might need special scheduling.

What Are The Eviction Laws For Mobile Homes In North Dakota?

Different notice periods apply if the tenant owns the mobile home but rents the lot. Landlords must provide additional time for mobile home removal, and the eviction notice must specifically address both property possession and mobile home removal.

Related: Nebraska Evictions | Laws and Protections

2025 Updates to North Dakota Eviction Laws for Landlords to Know

As we mentioned earlier, recent legislation (SB2366) has taken steps to modernize North Dakota’s state eviction procedures. This brought along several key changes to North Dakota landlord tenant law that you should be aware of:

• Enhanced Notice Requirements: All eviction notices must include tenant rights information – and these notioces can also now be served electronically with the proper documentation.
• Extended Response Times: New grace periods have been added in some cases, which may extend up to 5 days for both rent payment and lease violation cures
• Modified Hearing Schedules: Courts must now schedule initial hearings within 10 business days
• Documentation Standards: New legislation introduces strict requirements for record-keeping and standardized court filing forms

Knowing How To Manage North Dakota Tenant Law Matters

Like many states, the North Dakota eviction process is a delicate balance of landlord rights and tenant protections - and a smooth process requires knowing the details of the entire process. 

In a difficult situation, the last thing you need is a process that hits a legal snag because one or more parties didn’t follow the proper procedure.

Here at TenantCloud, we know the complexities of landlord-tenant relationships well, and we are committed to providing property managers and owners with the information to keep everyone informed and engaged.

Want to create a more efficient and effective property management system? Learn more online and see how TenantCloud can help you manage everything from tenant screening to creating the best apartment move in checklist – reducing the risks of eviction situations and helping you make the most of your property portfolio!