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North Dakota Eviction Notice Forms (2)

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North Dakota Eviction Notice Forms (2)

Updated August 21, 2023

A North Dakota eviction notice is a document used when a landlord seeks to evict a tenant who has failed to abide by the terms of their lease agreement. No matter the nature of the breach, the landlord must provide at least three days’ notice to the tenant to rectify the breach or remove themselves from the premises. If the tenant fails to do either of those things, the landlord may prepare a summons and complaint in the Local District Court which services the area in which the property is located.

By Type (2)

3-Day Notice to Quit (Non-Payment of Rent & Non-Compliance) – This document, pursuant to 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.

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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.

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Table of Contents

Eviction Laws

Court Forms

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All Eviction Forms and Instructions – This document contains all of the necessary forms and instructions that a landlord will need to begin an eviction action against a tenant.

Complaint for Eviction – States the reason for the eviction and is filed by the landlord with the local court to begin an eviction case.

Summons – This document must be filed in court and served on the tenant, along with the Complaint. It relays the date of trial and offers the tenant the opportunity to offer their side of the story.

Findings of Fact – Before the trial takes place, the landlord must have this form filed with the court. The court will fill out the form once a judgment has been reached.

Judgment – States the judgment of the court in regard to the eviction case. Must also be filed with the court to be completed following the hearing.

Writ of Eviction – If the tenant refuses to move out after being ordered to do so, this document is needed to have them removed by the sheriff.

When is Rent Due

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In North Dakota, rent is due as specified in the lease. If the tenant fails to pay the rent on time, the landlord may serve an eviction notice which would give the tenant three (3) days to pay the rent or face an eviction action.

How to Evict (5 steps)

  1. Deliver Eviction Notice to Tenant
  2. File Summon and Complaint / Serve Tenant
  3. File Proof of Service
  4. Attend Court Hearing
  5. Obtain Writ of Eviction If Necessary

Hand holding eviction notice.

1. Deliver Eviction Notice to Tenant

Before going to court to start an eviction process, the landlord must serve an eviction notice on the tenant. The eviction notice must allow three days to rectify the situation. If a 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 the landlord) or by mail, or by the sheriff. The landlord should retain proof of service because it will be needed in court during the eviction process. The notice forms are as follows:

2. File Summons and Complaint / Serve Tenant

If the tenant fails to comply with the notice, the landlord may then proceed to the local district court (where the property is located) to file a Summons and Complaint (see All Eviction Forms and Instructions). These will have to be served on the tenant also. Again, there will have to be proper service as set forth in Step 1.

3. File Proof of Service

Once the tenant has been served, the landlord will need to gather a copy of the eviction notice, the summons and complaint and proof of service for both. In addition, the landlord will have to prepare Findings of Fact and Judgment. These will have to be filed with the court along with the requisite fee.

4. Attend Court Hearing

The court will set a hearing date. If the 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.

5. Obtain Writ of Eviction If Necessary

If the tenant continues to remain on the premises, then the landlord will have to seek a Writ of Eviction in order to authorize the removal of the tenant by a sheriff.

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