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.
| Situation | Notice period | Source |
|---|---|---|
| Unpaid rent | 3 calendar days |
N.D.C.C. § 47-32-01(4); N.D.C.C. § 47-32-02
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|
| Lease violation | 3 calendar days |
N.D.C.C. § 47-32-01(8); N.D.C.C. § 47-32-02
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|
| 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
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|
| Ending a month-to-month tenancy | 30 calendar days |
N.D.C.C. § 47-16-15; N.D.C.C. § 47-16-06
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|
| Tenant staying after the lease ends | 3 calendar days |
N.D.C.C. § 47-32-01(4); § 47-32-02; § 47-16-06
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|
| Ending a week-to-week tenancy | Lease controls |
N.D.C.C. § 47-16-15
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|
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.
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.
- Written notice. The landlord gives the notice the situation calls for and waits out its period.
- Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
- Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
- Judgment. The court decides who has the right to the property.
- 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
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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.
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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.
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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.
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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.
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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.
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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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Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.