Posted in Blog  
  on Jan 11, 2016

What Is the Eviction Process in North Dakota

North Dakota offers landlords two options for a rental agreement: periodic leases and term leases. The eviction process in North Dakota is the same for both types of leases, but the periodic lease has one advantage: a no-cause eviction is allowed. Landlords can terminate a periodic lease with one calendar month's notice. Most eviction cases in the state involve the non-payment of rent. North Dakota also allows evictions to occur should a tenant be disturbing their neighbors unreasonably, violating other rules to which they've agreed in the lease, or when a lease has been terminated legally and the tenant refuses to leave. A reasonable suspicion of illegal conduct is also grounds to begin the eviction process.

Landlords Must Issue a Notice of Intention to Evict

The Notice of Intention to Evict in North Dakota gives tenants 3 days to leave the rental unit or come back into compliance with the terms of the lease. This means a tenant could pay their overdue rent by the third day of the notice and cancel the eviction process. Landlords must present proof that this notice has been delivered before they can move to the next step. If the 3 day notice expires without compliance, then landlords must file a summons and complaint with their local court. Hearings about the matter occur in 15 days or less after the tenant has been served with the complaint and given a chance to answer. In some rural areas, the hearing may be held in as little as 3 days.

Hearings Are Where the Answers Take Place

Instead of a back-and-forth answering session between both parties, North Dakota brings eviction cases directly before the judge. Both parties are required to appear at the hearing and present their case. Not appearing at the hearing will generally result in a default judgment for the other party. If a judge decides that a tenant has no legal reason for violating the rental agreement, they will order the tenant to immediately leave the rental unit. Tenants who are not being evicted for disturbing the peace and can show that an immediate removal from the unit would cause a hardship may receive an extension of up to 5 days in most instances to follow the court order. If the tenant does not comply with the court order, then the judge will order the local Sheriff's office to physically remove the tenants. Should this occur, the tenant will have any remaining personal property placed into storage. To receive access to their property, tenants must pay moving and storage costs, as well as a Sheriff's fee. The eviction process in North Dakota is rather simple and straightforward in most circumstances. If you have questions about your specific circumstances, be sure to speak with a legal professional or consult with the state statutes that cover your situation.


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