The North Dakota eviction notice forms are for use when a tenant has failed to abide by the terms of the lease and landlord is seeking to evict. No matter the breach, whether it be non-payment of rent or some other term in the lease, landlord must provide three days notice to tenant to rectify the breach or remove themselves from the premises. If tenant fails to do either of those things, landlord may prepare a summons and complaint in the Local District Court which services the area in which the property is located. The Summons and Complaint must then be served on tenant. You may have to file an affidavit of service depending on how you have it served. Once it has been served, you must file it with the court along with evidence of service, your eviction notice and evidence of service, findings of fact and a filled out judgment form. If judgment in favor of the landlord is granted, the tenant will have to vacate.
Eviction Instructions – Provided by the North Dakota Supreme Court.
Laws – Chapter 47-32 (Evictions)
Table of Contents
3-Day Notice to Quit (Late-Payment & Non-Compliance) – This document, pursuant with Title 47 Chapter 32, may be used by any landlord/manager/agent for notifying a lessee of the lessor’s intention to file an eviction for non-payment of rent or any type of non-compliance with their lease agreement.
30-Day Notice to Quit (Month-to-Month Tenancy) – Type of letter that may be used by either the landlord or tenant to quit a tenancy at will. Although the tenant may only have to provide twenty-five days’ notice while the landlord must provide thirty (30) days.
In North Dakota, rent is due as specified in the lease. If tenant fails to pay the rent on time, landlord may serve an eviction notice which would give the tenant three (3) days to pay the rent or face an eviction action.
Step 1 – Before going to court to start an eviction process, landlord must serve an eviction notice on the tenant. The eviction notice must allow three days to rectify the situation. If landlord seeks to end a month-to-month tenancy, he or she must use a month-to-month form. In both cases, the tenant must be served personally (not by landlord) or by mail, or by sheriff. Landlord should retain proof of service because it will be needed in court during the eviction process. The notice forms are as follows:
Step 2 – If tenant fails to comply with the notice, landlord may then proceed to the local district court (where the property is located) to file a Summons and Complaint. These will have to be served on tenant also. Again, there will have to be proper service as set forth in Step 1.
Step 3 – Once the tenant has been served, landlord will need to gather a copy of the eviction notice, the summons and complaint and proof of service for both. In addition, landlord will have to prepare Findings of Fact and Judgment. These will have to be filed with the court along with the requisite fee.
Step 4 – The court will set a hearing date. If tenant fails to attend and/or judgment is found in favor of the landlord, the court will issue a judgment which will require the tenant to move out.
Step 5 – If tenant continues to remain on the premises, then the landlord will have to seek a Writ of Eviction in order to authorize removal of the tenant by sheriff.
1 – Acquire a Valid Copy of the Lease
You will need the current Lease between the Landlord and the Tenant or Subtenant the Notice you are providing relates to. All information that is present on this agreement and required by the notice will need to be identically reported.
2 – Find and Download the Required Paperwork
The North Dakota Notice To Quit may be downloaded as a PDF, ODT, or Word file. There will be three buttons by the document image labeled according to the available file type. You may download according to your preference.
3 – Provide the Name of the Addressee
The Full Name of the Addressee or Intended Recipient must be input on the blank line at the top of the first page.
4 – Define Rented Property In the Lease
The Rented Property’s City, County, Zip Code and Building/Street must be reported in the first statement below the Recipient Name. Make sure this information is the same as on the Lease.
The Signature Date on the Lease Signed by the Lessor and Lessee must be supplied using the blank spaces in the second sentence.
5 – Determine the Subject of Notice
The next area is composed of several statements. You must choose one of these statements to identify the purpose of this Notice. Choose one of the statements provided.
The Nonpayment statement will notify the Recipient(s) that he or she has Three Days to pay an Overdue Amount for a Rental Period the Tenant has neglected or surrender the Leased Property to the Landlord. The Full Name of an Authorized Agent must be supplied in the space following the words “…the undersigned or.” Additionally, choosing this statement will require the Total Dollar Amount owed by the Recipient to be defined on the next two spaces. Finally, the delinquent Rent Payment and the Time Period it covers must be entered as being the minimum requirement for the Tenant to stay.
The Noncompliance statement will notify the Recipient(s) that he or she has three days to amend a Lease Violation or return possession of the Leased Property to the Landlord. Document the violation on the blank line.
The Month To Month Tenancy statement from the Landlord will give the Recipient Thirty Days’ Notice or more to quit the Rented Property being leased on a monthly basis. The last day of the Agreement must be presented on the spaces in this statement.
The Month To Month Tenancy statement from the Tenant will provide Thirty Days’ Notice until the Termination Date of the Monthly Rental Agreement currently in place. The final Date this agreement is active must be reported in this statement after the words “…terminated on…”
6 – Required Landlord Verification
The Signature Line after the Notice Statement section, labeled “Landlord/Agent Signature,” must be signed if this document is being issued by a Landlord.
7 – Delivering the Notice
This document must be delivered in a timely fashion to the Recipient. Thus, there must be a level of verification included at the time of Delivery. Only an entity authorized to deliver this Notice may fill out the Certificate of Service Statement at the Time of Delivery. The Certification Statement will require the Date of Delivery and the Identity of the party who accepted this document personally to be supplied in the blank areas by the Agent of Delivery. This Agent must also select one of the statements at the bottom of this page (defining if the paperwork was delivered first hand, second hand, or with USPS First Class Mail). The delivering entity must then Sign his or her Name on the Signature line.