North Dakota Eviction Notice – PDF
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Tenants in North Dakota may be evicted for nonpayment of rent, disturbing the peace of other residents, and refusing to leave after the lease has expired. Here is an overview of the eviction process.
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Process of Evicting a Tenant in North Dakota
1. Notice of Intention to Evict
First, the property owner must serve the tenant with this written notice, also known as an Unconditional Quit Notice. This notice must order the tenant to vacate within three (3) days. Landlords should have the sheriff or a process server serve the notice, which they may post on the property if the tenant is absent. Landlords must keep the return of service to show they properly served the tenant. For evictions after the lease period has expired, owners must give 30-day notices.
2. Summons and Complaint
If the tenant has not left after the three-day period, the owner may file a Summons and Complaint to continue with the eviction. These documents will inform the tenant when and where the eviction hearing will take place. The hearing would occur within three to fifteen days after these documents are served. A process server or the sheriff must personally serve these to the tenant, but they may be posted on the property and mailed to the tenant if personal service failed and the server notes this in an affidavit.
3. Hearing
Each party may present his or her side of the story at the hearing. The landlord must prove that the tenant lacks a legal reason to remain on the property. It is important for each party to bring supporting evidence to the hearing. For example, the landlord could provide copies of the lease, showing that it expired, but that the tenant failed to vacate.
If the judge rules in favor of the landlord, the judge will issue an Order for Possession, which gives the tenant five days to leave the property. If the tenant still has not left within that period, the landlord may obtain a Writ of Restitution that authorizes the sheriff to physically remove the tenant and his property, after which the tenant would be forced to pay storage fees to retrieve the property. Tenants may ask for an extension, however, if being evicted presents a particular hardship.
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