North Dakota Eviction Laws
North Dakota rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02
The rules in North Dakota
| Notice for unpaid rent | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. Per the ND Legal Self-Help Center, if the tenant pays the full amount listed within the 3-day deadline and the landlord accepts it, the landlord can't continue the eviction for that nonpayment; the landlord need not accept partial payment (https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/Eviction-for-Tenants-Informational-Guide.pdf, rev. Dec 2025). |
|---|---|
| Notice for lease violations | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. Eviction for unreasonably disturbing other tenants (§ 47-32-01(7)) is not among the grounds listed as requiring the 3-day notice. |
| Lockouts & utility shutoffs | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. |
How an eviction case works in North Dakota
Eviction cases are heard in: State district court (judge or judicial referee).
- 3-day written notice of intention to evict (nonpayment more than 3 days late, holdover, or material lease violation) (§ 47-32-02)
- File eviction summons and complaint; hearing set 3 to 15 days after the summons is issued (§ 47-32-02)
- Service: personal service in the county at least 3 days before the hearing; other service at least 7 days before; posting on the door allowed after a failed evening (6-10 p.m.) attempt plus affidavit and mailing
- Hearing; no counterclaims except setoff against rent/damages claimed (§ 47-32-04); judgment for immediate restitution
- Court may stay execution up to 5 days for substantial hardship (not where eviction is based on disturbing the peace) (§ 47-32-04)
- Writ of execution issued after the eviction order; removal by sheriff
Landlords: how to evict a tenant in North Dakota — steps, costs, timeline and forms.
Eviction court and fees by county
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- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
North Dakota vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| North Dakota | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. N.D.C.C. §§ 47-32-01(8), 47-32-02 | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. ND Attorney General tenant rights page; N.D.C.C. ch. 47-32 |
| Minnesota | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a | No statutory notice or cure period. If the tenant has breached lease terms not involving rent or another financial obligation, the landlord generally does not have to give notice before filing, unless the lease requires notice. Minn. Stat. § 504B.285, subd. 1 | Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees. Minn. Stat. §§ 504B.231, 504B.221, 504B.225, 504B.375 |
| Montana | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) | General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. Mont. Code Ann. § 70-24-422(1), (3), (4) | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. Mont. Code Ann. §§ 70-24-428, 70-24-411 |
| South Dakota | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. SDCL 21-16-1(7); SDCL 43-32-18 | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 |
More North Dakota rental law
- North Dakota Security Deposit Law
- North Dakota Notice to Vacate Rules
- Landlord Entry Rules in North Dakota
- North Dakota Repairs & Tenant Remedies
- North Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in North Dakota
- Squatters' Rights in North Dakota
- North Dakota Rental Fee Rules
- North Dakota Section 8, Records & Right to Counsel
- North Dakota Mold, Pests, Heat & AC Rules
- North Dakota Privacy, Guests & Animal Rules
- North Dakota Landlord Selling the House
- North Dakota Lockouts, Utility Shutoffs & Retaliation
- North Dakota Subletting, Lease Endings & Tenant Death
- All North Dakota landlord-tenant rules
- Free legal help in North Dakota
Compare eviction in all 50 states and DC →
North Dakota Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in North Dakota?
Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. (N.D.C.C. §§ 47-32-01(4), 47-32-02)
How much notice is required to evict for a lease violation in North Dakota?
3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. (N.D.C.C. §§ 47-32-01(8), 47-32-02)
Can a landlord change the locks or shut off utilities in North Dakota?
ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. (ND Attorney General tenant rights page; N.D.C.C. ch. 47-32)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.