How to Evict a Tenant in North Dakota

In North Dakota, you can evict someone for breaking the terms of the lease or not paying rent. You cannot evict anyone as a form of retaliation or for a reason that could be considered discriminatory.

1. Serve written notice

In North Dakota, you must serve written notice to begin the eviction process. Regardless of why you are evicting the tenant, you must give three day written notice. The notice should let the tenant know that they have three days to pay rent or leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

2. File papers with the court

If the notice period comes to a close and the tenant has not made amends or left, you must go to the district court in the county where the unit is located and file a complaint and summons. The tenant will receive the summons and complaint from the court with information about the time and date of the hearing.

3. Go to court

If the tenant wants to challenge the eviction, you and the tenant will appear in front of a judge. The burden of proof is on you to show that the tenant violated the terms of the lease and that you correctly served notice, so be sure to follow these instructions carefully while documenting everything.

4. Wait for the judge's ruling

If the judge rules in your favor, the tenant may be responsible for paying you unpaid rent, attorney’s fees and process fees. A court order will be issued instructing a law enforcement officer to remove the tenant from the premises.

If the tenant leaves any personal property in the unit that you value at less than $2,500, you must store the items for twenty eight days. You are only legally required to let the tenant claim their items if they have paid for any costs associated with moving and storing their things. If 28 days pass and they have not come to get their stuff, you may get rid of it by selling it or throwing it away.

Related articles