How to Evict a Tenant in North Dakota (2026)
The legal steps for landlords in North Dakota — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In North Dakota a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. |
|---|---|
| Lease violation | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. |
| Ending a month-to-month tenancy (no fault) | Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. Source: N.D.C.C. § 47-16-15(2)-(3), (5) |
Local rent-control or just-cause rules can limit evictions: Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property.
Step 2: Write and deliver the notice correctly
| What the notice must say | Before filing, the landlord must give 3 days' written notice of intention to evict. Eviction is available when rent is unpaid for 3 days after it is due. The notice may be served the same way as a summons. If the tenant cannot be found, the sheriff or a process server may post it conspicuously on the premises. The statute does not prescribe wording. The court's Form 1a states the unpaid rent, the months it covers, other charges due under the lease, and the total, and demands payment or move-out within 3 days of service. |
|---|---|
| How it must be delivered | The 3-day notice of intention to evict is served the way a summons is served (personal delivery). If the tenant cannot be found, the sheriff or a process server may post it conspicuously on the premises. A notice changing the terms of a month-to-month lease may be served 'in any reasonable manner which actually informs the tenant.' Termination notices must be in writing. No statute addresses email or text notices. |
Notice forms:
- North Dakota notice to pay rent or quit — requirements and free draft
- North Dakota notice to end a month-to-month tenancy — requirements and free draft
- ND Legal Self Help Center - Notice of Intention to Evict: Demand for Rent or Possession (Form 1a) (official)
- ND Legal Self Help Center - Notice to Evict (Form 1b) (official)
- ND Legal Self Help Center - All Eviction Forms (landlords) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in North Dakota 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
Court timing: Tenant answers at the hearing, which is 3 to 15 days after the summons is issued (§ 47-32-02). Either party may request a district judge instead of a judicial referee within 7 days after service of notice of hearing (ND Legal Self-Help Center guide).
Source: N.D.C.C. §§ 47-32-01 to 47-32-04
How long it takes to evict a tenant in North Dakota
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in North Dakota
Court filing and service fees are set locally. Verified fees in the largest North Dakota counties:
| County | Filing and service fees |
|---|---|
| Cass County (Fargo) | $160 filing fee for an eviction; $100 to file an answer (non-small-claims case) |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. Source: N.D.C.C. § 47-16-15(2)-(3), (5) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. |
|---|---|
| Retaliation | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. |
| Accepting rent after the notice | No statute in the eviction or lease chapters says accepting rent waives an eviction notice or a pending eviction. One related rule: if a residential tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed as a month-to-month tenancy (unless there is an automatic-renewal clause). |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
North Dakota eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in North Dakota?
Court fees are set locally — for example, Cass County (Fargo): $160 filing fee for an eviction; $100 to file an answer (non-small-claims case)
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in North Dakota?
Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice.
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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.