Eviction Law in Bismarck, ND
Facing eviction in Bismarck can be distressing. However, understanding your rights and the legal process can help. You may find a way to avoid legal conflicts or stay in your rented unit.
The fear and uncertainty does not have to overwhelm you. You can start toward a reasonable solution by exploring your options under state law below.
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Bismarck, North Dakota eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Bismarck, ND tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legally binding contracts, which means that any violation of the terms by the tenant can justify eviction. For instance, if the lease states that no additional person may reside in the unit and the tenant breaks this rule, you can begin the process of eviction.
As a landlord in , you are also obligated to follow the rules of the lease. This includes fulfilling responsibilities such as making necessary repairs and carrying out maintenance as outlined in the agreement.
The Tenant Damages the Property
Property damage is another issue landlords may face. While normal wear and tear is expected, any intentional damage caused by a tenant could be grounds for eviction.
For example, if a tenant significantly damages the property—such as breaking windows or tearing down walls—this could justify starting the eviction process. However, if the tenant fixes minor damages without making substantial changes to the property, eviction may not be necessary.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using the property for illegal purposes, such as selling drugs or engaging in illegal activities, this provides clear grounds for eviction. In such cases, reporting the issue could also lead to criminal charges against the tenant.
It is important to gather evidence when suspecting that your tenant is using the property for illegal activities. Law enforcement records or reports can help support your case if you need to proceed with eviction.
How to Evict a Tenant in Bismarck, North Dakota
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Bismarck, ND attorney can help review your case to determine if you do.
North Dakota law mandates that landlords in Bismarck maintain fair and safe housing conditions. As a result, they should maintain a safe environment that complies with health and safety codes. Tenants have the right to privacy, and owners should give reasonable notice before entry.
Step 2. Give a Formal Notice of Eviction
If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.
The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.
North Dakota sets clear guidelines for eviction notices to protect landlords and tenants. Owners should give three days’ notice for nonpayment of rent. The same often applies to other lease violations like damaging property.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Most eviction cases in Bismarck go through the Burleigh County District Court. It has jurisdiction over local civil matters.
Step 4. Contact an Experienced Bismarck, North Dakota Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Bismarck, ND law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Bismarck, North Dakota
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Bismarck attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across North Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
