Eviction Law in North Dakota

Does it feel like your hands are tied when a tenant refuses to pay rent or follow the rules?

As a landlord in North Dakota, you have legal options—but knowing when and how to act is half the battle. State law lays out a clear path for eviction, but one misstep can cause delays, legal headaches, or even financial loss.

Start by learning what’s required under North Dakota eviction law. Then, if you’re ready to take the next step, ask us to connect you with an attorney who understands the local process inside and out.

What Is an Eviction?

Eviction is the legal process landlords use to remove tenants who violate the lease—often due to nonpayment of rent or serious rule-breaking. While the process might sound straightforward, evictions in North Dakota must follow strict procedures. Missing a step or moving too quickly could cost you time and money.

In many cases, the eviction notice itself is enough to resolve the issue. Tenants may use that final warning as motivation to catch up on rent or correct their behavior. But if they don’t, you need to be ready to take the next step.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a North Dakota tenant repeatedly fails to pay rent on time—or stops paying altogether—you have legal grounds to move forward with eviction. While some states offer longer grace periods, North Dakota law is relatively direct.

Chronic late payments or ongoing nonpayment aren’t protected behavior. Once it becomes clear the issue isn’t isolated, you can serve formal notice.

The North Dakota Attorney General outlines that a three-day written notice is typically required before filing an eviction case for nonpayment. If the tenant doesn’t comply, you may proceed to court, where a hearing could be scheduled within 15 days.

Always keep a paper trail. Send “late rent” notices in writing and save copies. If the issue escalates and you end up in court, your records of missed payments, reminders, and notices will be essential in proving that the tenant violated the lease terms.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Your lease agreement is more than a set of guidelines—it’s a binding legal contract. If your tenant breaks the terms you’ve both agreed to, such as housing unauthorized occupants or keeping pets in a no-pet unit, you’re within your rights to initiate eviction proceedings.

It’s important to remember that the lease works both ways. As a North Dakota landlord, you’re also expected to meet the obligations outlined in the contract—like making repairs or providing necessary maintenance. Failing to uphold your side can weaken your position if you decide to file for eviction later on.

The Tenant Damages the Property

Normal wear and tear is part of any rental arrangement. But when the damage goes beyond scuffed paint or worn carpeting—when walls are kicked in, windows shattered, or appliances intentionally destroyed—it becomes a much more serious issue. Extensive damage not only devalues your property but may also create safety hazards for other tenants.

Eviction becomes a reasonable next step when it’s clear the tenant is neglectful or destructive. That said, not every repair job is a red flag. If a tenant fixes minor issues themselves and stays within the bounds of the lease, it likely doesn’t justify removal. Document the damage, and consult with legal counsel before taking further action.

The Tenant Uses the Property for Illegal Purposes

Using a rental unit for criminal activity—such as drug distribution, illegal gambling, or weapons trafficking—is an immediate and serious breach of the lease. These situations often call for swift legal action to protect your investment, other tenants, and your reputation as a property owner.

Still, you’ll need more than suspicion. If law enforcement has responded to the property or filed reports related to criminal behavior, those documents can strengthen your case. Having clear, verifiable proof will make it easier to move forward with a lawful eviction in North Dakota.

How to Evict a Tenant in 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 North Dakota Eviction Law

North Dakota handles evictions a little differently than other states and even local rules can shift depending on the city or county. Before you take steps to remove a tenant, it’s critical to understand the laws that apply to your specific location. Not all disputes justify an eviction—so make sure your reasoning holds up under state law.

According to the North Dakota Supreme Court, a landlord may legally evict a tenant under several specific circumstances, including:

Breaching a major term of the lease agreement
Refusing to leave after the sale of the rental property
Causing ongoing disturbances that affect other tenants
Staying beyond the allowed redemption period
Threatening others with violence or intimidation
Failing to pay rent as required
Gaining entry to the property by force, fraud, or stealth

Step 2. Give a Formal Notice of Eviction

If your tenant continues to violate the terms of your lease—even after repeated warnings—it may be time to move forward with formal action. An eviction notice isn’t just paperwork; it’s your last attempt to resolve the issue before going to court. The notice should clearly outline how the tenant has broken the lease and what they must do to avoid removal, such as catching up on rent or correcting a specific behavior.

Your notice should also include a firm deadline. Make it clear how many days the tenant has to resolve the problem or leave the property. You’ll also want to specify exactly how much they owe if rent is the issue. If you’re unsure how to draft a legally sound notice, it’s worth using a vetted template or consulting with an attorney to make sure it meets North Dakota’s requirements.

According to the North Dakota Supreme Court, landlords must list the specific reason for eviction in the written notice. This requirement helps ensure fairness and clarity. However, not all eviction cases require advance notice—especially when the tenant entered the property unlawfully or posed a threat. It’s another reason to understand your legal position before moving ahead.

Step 3. File the Eviction with the Court

Once your eviction notice expires and the tenant hasn’t corrected the issue or moved out, the next step is to formally file with the court. In North Dakota, eviction cases are generally handled by the district courts.

After filing, the court will schedule a hearing and serve the tenant with a summons. This notice lets them know the date, time, and location of the hearing—and gives them a chance to respond.

Step 4. Contact an Experienced North Dakota Eviction Attorney and Prepare for the Hearing

Partnering with a knowledgeable North Dakota eviction attorney can make the process smoother and help avoid costly missteps. You’ll need to bring documentation to court that clearly shows your case is justified. Be sure to gather and organize the following:

A copy of the signed lease agreement
Payment records and account history
Any bounced checks from the tenant
Written communication (emails, letters, texts) regarding rent or lease violations
A copy of the eviction notice
Evidence the tenant received the notice (e.g., certified mail receipt or service confirmation)

Step 5. Evict the Tenant

If the court rules in your favor, your tenant will be ordered to leave the property. North Dakota law typically allows a short window—often just a few days—for the tenant to vacate voluntarily. If they fail to move out, you can request assistance from local law enforcement.

The sheriff’s office is authorized to enforce the eviction order and physically remove the tenant if needed. It’s important to avoid taking matters into your own hands. Landlords are not permitted to lock out tenants or dispose of belongings without proper legal process.

Step 6. Collect Past-Due Rent Payments

Winning possession of your property doesn’t always mean you’re made whole financially. If the tenant still owes you money for rent or damages, you have a few legal options to recover those funds. Consider one or more of the following strategies:

Work with a licensed debt collection agency
File for a tax refund garnishment
Seek a wage garnishment order from the court
Bring your case to small claims court for a judgment

Work with an Experienced Eviction Attorney in North Dakota

Tenants in North Dakota may try to challenge your eviction by claiming you skipped a step or didn’t serve notice properly. This is a common tactic, and it can derail your case if you’re not fully prepared.

That’s why working with an experienced North Dakota eviction attorney can make a major difference. They’ll help ensure every document is served correctly, every deadline is met, and your side of the story is clearly presented in court.

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified North Dakota 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 get in touch 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.

Has reading this article raised questions about a different sector of North Dakota law? We can help.