North Dakota Eviction Notice
North Dakota eviction notice periods from the statute: 3 days for unpaid rent, 3 days for a lease violation. Cited and dated; prepare the notice online.
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The notice periods North Dakota law sets before a landlord can file for eviction, as LeaseCraft read them in the statute, with the conditions and exceptions that go with each. The guided form prepares a pay-or-quit, cure-or-quit, unconditional-quit, no-cause or holdover notice with North Dakota already selected.
North Dakota notice periods
Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).
| Situation | Notice period | Source |
|---|---|---|
| Unpaid rent | 3 calendar days |
N.D.C.C. § 47-32-01(4); N.D.C.C. § 47-32-02
Read 2026-09-27
|
| Lease violation | 3 calendar days |
N.D.C.C. § 47-32-01(8); N.D.C.C. § 47-32-02
Read 2026-09-27
|
| 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 2026-09-27
|
| Ending a month-to-month tenancy | 30 calendar days |
N.D.C.C. § 47-16-15; N.D.C.C. § 47-16-06
Read 2026-09-27
|
| Tenant staying after the lease ends | 3 calendar days |
N.D.C.C. § 47-32-01(4); § 47-32-02; § 47-16-06
Read 2026-09-27
|
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.
Delivery, form and other North Dakota rules
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 2026-09-27
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 2026-09-27
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 2026-09-27
Preparing the notice
The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a North Dakota checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the North Dakota period and your deadline is too soon, the document is not prepared until you move it.
Create a North Dakota eviction notice
A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.
Eviction Notice rules in nearby states
Frequently asked 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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