The North Dakota eviction process is governed by Chapter 47-32 of the Century Code and moves faster than an ordinary civil case: a landlord must have one of eight statutory grounds, serve a three-day written notice in most situations, file a Summons and Complaint in district court, win a judgment for possession, and have the county sheriff carry out the physical removal. Skipping or mishandling any step can sink the case and force the landlord to start over.
Grounds That Let a Landlord File
State law recognizes eight grounds for eviction. Three of them cover property taken or held by force, intimidation, fraud, or threats, which more often involves trespassers or co-occupants than tenants on a lease. The five that drive most landlord-tenant cases are:
- Nonpayment of rent, when the tenant fails to pay within three days of the due date.
- Holding over, when a tenant stays after the lease expires or is terminated.
- Post-sale possession, when someone remains after a foreclosure sale, deed transfer, or cancellation of a contract for deed and any redemption period has run.
- Post-judgment possession, when a party stays after a court-ordered partition or judicial sale.
- Disturbing the peace, when a tenant or their guest unreasonably disrupts other tenants’ quiet enjoyment.
- A material violation of the written lease.
Without a valid ground, the case will not survive. A landlord who files anyway risks dismissal and the loss of filing fees and time.
The Three-Day Notice of Intention To Evict
For most grounds, a landlord must serve a three-day written notice before heading to court. That requirement covers nonpayment, holding over, post-sale and post-judgment possession, and lease violations. Evictions based on forcible entry or on disturbance of the peace are the exceptions: the landlord can file immediately, without any pre-filing notice.
The notice itself is not a court order and does not force anyone out. It tells the tenant that an eviction case will be filed if they do not leave within three days. A properly drafted notice names every adult occupant, identifies the property, and spells out the specific reason for the eviction.
Service follows the same rules as a court summons. Hand delivery to the tenant is the default. If the tenant cannot be found in the county after at least one attempt between 6 p.m. and 10 p.m., and the landlord or their attorney files an affidavit to that effect, the notice can be posted in a conspicuous place on the property.
When a Tenant Can Stop a Nonpayment Case
A tenant facing eviction for unpaid rent has a right to cure. Paying the full amount owed plus any late fees within the three-day window ends the matter if the landlord accepts the payment. A landlord is not required to accept a partial payment, though some will negotiate a written payment plan. The cure right does not extend to other grounds; a disturbance or a lease violation cannot be erased by writing a check or making a promise.
Filing the Summons and Complaint
If the notice period runs out and the tenant stays put, the landlord files a Summons and Complaint in the district court for the county where the property is located. The filing fee for a civil action in North Dakota district court is $160. The summons must give the tenant between three and fifteen days from the date it is issued to appear in court.
A sheriff or process server must deliver the summons. Personal service within the county requires at least three days before the hearing. If the tenant cannot be found in the county after a good-faith attempt that includes at least one evening try, and the landlord mails a copy to the tenant’s last known address, the summons can be posted on the door of the rental unit.
The Hearing and the Judgment for Possession
Eviction cases are summary proceedings. The judge’s focus is narrow: who has the right to possess the property right now. Unrelated money disputes between the parties are not resolved at this hearing. When the landlord proves a valid ground and shows that the required procedures were followed, the court enters a judgment for immediate restitution of the premises.
A tenant who shows that immediate removal would cause serious hardship to themselves or their family can ask the judge for a short delay. The court can stay execution for up to five days. That hardship exception is not available when the eviction is based, even in part, on disturbing the peace.
The Sheriff Lockout
With a judgment in hand, the landlord obtains a special execution directing the sheriff to restore possession. The county sheriff is the only person legally allowed to carry out a court-ordered eviction. Changing the locks, hauling belongings to the curb, or cutting off utilities without a court order and sheriff involvement is an illegal self-help eviction and exposes the landlord to liability.
After receiving the execution, the sheriff normally gives the tenant one last chance to leave on their own before performing the physical lockout. The exact timing of that final notice varies by county.
Belongings Left Behind
Property left in the unit is handled under N.D. Cent. Code ยง 47-16-30.1 when the total estimated value is $2,500 or less. The landlord can hold those items and dispose of them without a court order once twenty-eight days have passed, counted from either actual notice that the tenant has left or a reasonable conclusion that the tenant has vacated.
The landlord keeps any sale proceeds. Storage or moving costs that exceed those proceeds can be deducted from the security deposit. Once an eviction judgment has been obtained and the special execution served, the landlord also has a lien on the abandoned property for reasonable storage and moving charges and can hold the items until those charges are paid.
The statute does not address property worth more than $2,500. A landlord who finds high-value items left behind should talk to an attorney before disposing of anything.
Ending a Month-to-Month Tenancy Without an Eviction
Not every exit requires a lawsuit. When a lease has expired and rolled into a month-to-month arrangement, either side can end it by giving at least one full calendar month’s written notice. The tenancy ends on the last day of a month, and rent is owed through that date. If the tenant stays past the termination date without permission, the landlord can then file an eviction for holding over and run the process described above.