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North Dakota Eviction Laws

North Dakota notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).

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North Dakota notice periods

Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.

SituationNotice periodSource
Unpaid rent 3 calendar days N.D.C.C. § 47-32-01(4); N.D.C.C. § 47-32-02
Read
Lease violation 3 calendar days N.D.C.C. § 47-32-01(8); N.D.C.C. § 47-32-02
Read
Ending the tenancy without a chance to cure No pre-suit notice N.D.C.C. § 47-32-01(7); N.D.C.C. § 47-32-02
Read
Ending a month-to-month tenancy 30 calendar days N.D.C.C. § 47-16-15; N.D.C.C. § 47-16-06
Read
Tenant staying after the lease ends 3 calendar days N.D.C.C. § 47-32-01(4); § 47-32-02; § 47-16-06
Read
Ending a week-to-week tenancy Lease controls N.D.C.C. § 47-16-15
Read

What the North Dakota statute says

Unpaid rent 3 calendar days
  • Ground exists only once the lessee 'fails to pay rent for three days after the rent is due' (N.D.C.C. § 47-32-01(4)); then 'three days' written notice of intention to evict must be given ... before proceedings can be instituted' (§ 47-32-02).
  • ND Courts Self Help instructions: count from the day after service, three calendar days including weekends/holidays, extending to the next business day if day 3 falls on a Saturday, Sunday or state holiday; for nonpayment the notice gives the tenant 3 days to pay the full amount due or move out.
Lease violation 3 calendar days
  • Material violation of a written lease (§ 47-32-01(8)) requires the same three days' written notice of intention to evict under § 47-32-02; the statute provides no right to cure — the notice is a notice to vacate.
Ending the tenancy without a chance to cure No pre-suit notice
  • Unreasonable disturbance of other tenants' peaceful enjoyment (§ 47-32-01(7)) is NOT among the grounds (4, 5, 6, 8) for which § 47-32-02 requires the three-day notice of intention to evict; the landlord may commence the action without pre-suit notice.
  • Material lease violations (ground 8) still require the 3-day notice.
Ending a month-to-month tenancy 30 calendar days
  • In tenancies from month to month, unless the parties agreed in writing to a longer notice period, 'either party may terminate the tenancy by giving at least one calendar month's written notice at any time' (§ 47-16-15); rent is due through the termination date.
  • Leases converted to month-to-month under § 47-16-06/06.1 may be terminated 'on the last day of a month with at least one calendar month's notice'.
  • Statute says 'one calendar month'; recorded as 30 for registry purposes.

Exceptions

  • Leases for a term not specified: notice at least as long before expiration as the term of the hiring, not exceeding one calendar month.
Tenant staying after the lease ends 3 calendar days
  • Holding over 'after the termination of the lease or expiration of the lessee's term' is ground 4 (§ 47-32-01(4)) and therefore requires the three days' written notice of intention to evict before suit (§ 47-32-02).
  • If the lessor accepts rent after a residential lease expires, the tenancy is presumed renewed month to month (§ 47-16-06) and the one-calendar-month notice under § 47-16-15 applies.

Just cause, delivery, form and local rules in North Dakota

How the notice may be delivered

The notice of intention to evict 'may be served and returned as a summons is served and returned' (N.D.R.Civ.P. 4 methods) or, if the party cannot be found, by the county sheriff or a process server posting the notice conspicuously upon the premises (N.D.C.C. § 47-32-02); ND Courts guidance: any adult non-party may serve it, and posting follows a failed attempt including one between 6 p.m. and 10 p.m.

N.D.C.C. § 47-32-02; N.D.R.Civ.P. 4 · read

Required form or contents

No mandatory statutory form; the ND Legal Self Help Center publishes optional 'Notice of Intention to Evict: Demand for Rent or Possession' (Form 1a) and 'Notice of Intention to Evict' (Form 1b) — https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/3-day-notice-to-evict.pdf

N.D.C.C. § 47-32-02; ND Legal Self Help Center eviction packet · read

Statewide just-cause rule

No statewide just-cause requirement

  • No statewide just-cause requirement; month-to-month tenancies end on one calendar month's written notice by either party (§ 47-16-15) and eviction grounds are listed in § 47-32-01.

N.D.C.C. §§ 47-16-15, 47-32-01 · read

For North Dakota landlords

  • Find the period for your situation in the table above and count it from the day the notice is delivered.
  • Deliver the notice the way North Dakota law allows and keep a record of how and when.
  • A notice is not a court order and does not by itself remove a tenant.

For North Dakota tenants

  • Compare the notice you received with the period for its situation in the table above and the date it reached you.
  • A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
  • Local legal aid and tenant organizations can explain your options.

How an eviction generally proceeds

A general outline, not North Dakota law: the steps, their names and their deadlines differ by state and court. The North Dakota rules LeaseCraft has verified are the ones above.

  1. Written notice. The landlord gives the notice the situation calls for and waits out its period.
  2. Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
  3. Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
  4. Judgment. The court decides who has the right to the property.
  5. Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.

North Dakota eviction questions

  • 3 calendar days, under N.D.C.C. § 47-32-01(4); N.D.C.C. § 47-32-02. Ground exists only once the lessee 'fails to pay rent for three days after the rent is due' (N.D.C.C. § 47-32-01(4)); then 'three days' written notice of intention to evict must be given ... before proceedings can be instituted' (§ 47-32-02). LeaseCraft read this at the official source on 2026-09-27.
  • 3 calendar days, under N.D.C.C. § 47-32-01(8); N.D.C.C. § 47-32-02. Material violation of a written lease (§ 47-32-01(8)) requires the same three days' written notice of intention to evict under § 47-32-02; the statute provides no right to cure — the notice is a notice to vacate. LeaseCraft read this at the official source on 2026-09-27.
  • 30 calendar days, under N.D.C.C. § 47-16-15; N.D.C.C. § 47-16-06. In tenancies from month to month, unless the parties agreed in writing to a longer notice period, 'either party may terminate the tenancy by giving at least one calendar month's written notice at any time' (§ 47-16-15); rent is due through the termination date. LeaseCraft read this at the official source on 2026-09-27.
  • The notice of intention to evict 'may be served and returned as a summons is served and returned' (N.D.R.Civ.P. 4 methods) or, if the party cannot be found, by the county sheriff or a process server posting the notice conspicuously upon the premises (N.D.C.C. § 47-32-02); ND Courts guidance: any adult non-party may serve it, and posting follows a failed attempt including one between 6 p.m. and 10 p.m. Source: N.D.C.C. § 47-32-02; N.D.R.Civ.P. 4. LeaseCraft read this at the official source on 2026-09-27.
  • No statewide just-cause requirement, under N.D.C.C. §§ 47-16-15, 47-32-01. No statewide just-cause requirement; month-to-month tenancies end on one calendar month's written notice by either party (§ 47-16-15) and eviction grounds are listed in § 47-32-01. LeaseCraft read this at the official source on 2026-09-27.
  • LeaseCraft's record sets no statutory period for this, so the lease controls. Source: N.D.C.C. § 47-16-15. LeaseCraft read this at the official source on 2026-09-27.

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