A North Dakota eviction notice is a written notice a landlord gives a tenant before filing an eviction case in court. The landlord must give the tenant three days' written notice of intention to evict, whether the reason is unpaid rent or a lease violation.[1.1][1.2]
Fill in our printable eviction notice template and serve it the way the statute describes. The notice is only the first step. If the tenant does not pay or fix the problem, the landlord still has to bring an eviction action in court.
North Dakota Eviction Laws
North Dakota eviction laws are in Chapter 47-32 of the North Dakota Century Code (N.D.C.C.). Section 47-32-01 lists the reasons a landlord can use. A tenant can be evicted for holding over after the lease ends. A tenant can also be evicted for failing to pay rent for three days after it is due, or for unreasonably disturbing other tenants' peaceful enjoyment of the premises.[1.1] Section 47-32-02 sets the notice and service rules.[1.2]
North Dakota Eviction Notice Laws Details
| Unpaid Rent Trigger |
Rent not paid three days after the due date[1.1] |
| Written Notice for Nonpayment |
3 days[1.1] |
| Written Notice for Lease Violations |
3 days[1.2] |
| Summons Handed to the Defendant in the County |
At least 3 days before the appearance[1.2] |
| Summons Served Elsewhere or Any Other Way |
At least 7 days before the appearance[1.2] |
| State Laws |
North Dakota Century Code, Chapter 47-32 |
What Are the Rules for Eviction in North Dakota?
The rules for eviction in North Dakota cover when a landlord can evict, how the tenant must be told, and what limits apply once the case is in court. All of them come from N.D.C.C. Chapter 47-32. The main rules are:
- A tenant can be evicted for holding over after the lease ends, for failing to pay rent for three days after it is due, or for disturbing other tenants' peaceful enjoyment of the premises.[1.1]
- The landlord must give the tenant, subtenant, or other party in possession three days' written notice of intention to evict before the case can start.[1.2]
- The notice can be served the way a summons is served. If the person cannot be found, the sheriff of the county or a process server can post it conspicuously on the premises.[1.2]
- A summons handed to the defendant in person within the county must be served at least three days before the appearance. Service elsewhere, or personal service in any other way, needs at least seven days.[1.2]
- An eviction action cannot be brought in district court together with another action, except for rent and profits that built up or damages caused by the defendant's possession.[1.3]
- A counterclaim is allowed only as a setoff against a demand for damages or for rents and profits.[1.3]
- If leaving at once would cause a substantial hardship, the court may stay the special execution for up to five days. It cannot do this when the judgment rests on a disturbance of the peace.[1.3]
- A tenant evicted for nonpayment of rent or damage can ask to have the court records sealed seven years after the order is satisfied.[1.4]
What Is the 3-Day Eviction Notice in North Dakota?
The 3-day eviction notice in North Dakota is the written notice of intention to evict a landlord gives a tenant before starting an eviction case. A tenant who fails to pay rent for three days after it is due can be evicted.[1.1] The notice must go to the tenant, a subtenant, or another party in possession.[1.2]
In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted.
Landlords and tenants often call this document a notice to quit or a notice to vacate. FormsPal's template for it is called a notice to quit.
To count the three days, try our deadline calculator.
Eviction Notice Types Used in North Dakota
The notice a landlord serves depends on why the tenant is being evicted. Three common reasons are unpaid rent, a lease violation, and disturbing other tenants. Each one is described below.
- 3-day notice for unpaid rent. A tenant who fails to pay rent for three days after it is due can be evicted. The landlord must give three days' written notice first.[1.1]
- 3-day notice for a lease violation. When a tenant breaks a term of the lease agreement, the landlord must give three days' written notice of intention to evict before the case can start.[1.2] Examples of lease violations include a broken pet rule or an unauthorized occupant. In practice, the notice names the lease term that was broken.
- Notice for disturbing other tenants. A tenant, or a person on the premises with the tenant's consent, who unreasonably disturbs other tenants' peaceful enjoyment of the premises can be evicted. This is a separate ground for ending the tenancy.[1.1]
- Who receives the notice. The written notice goes to the tenant, a subtenant, or any other party in possession.[1.2]
Create a high-quality North Dakota Eviction Notice Form online now!
Eviction Process in North Dakota
An eviction in North Dakota starts with a written notice to the tenant and moves to court if the problem is not resolved. The steps below follow Chapter 47-32 of the North Dakota Century Code in the order they happen.[1.1]
- Serve the written notice. Give three days' written notice of intention to evict. It can be served the way a summons is served. If the person cannot be found, the sheriff of the county or a process server can post it conspicuously on the premises.[1.2] Before you serve it, check the names, address, and dates, and fill in the PDF with our online PDF editor if you prefer.
- Wait out the notice period. The case cannot be started until the three days' written notice has been given.[1.2]
- File the eviction action. An eviction action in district court cannot be brought together with any other action. The only exception is a claim for rent and profits that built up or for damages caused by the defendant's possession.[1.3] A tenant cannot file a counterclaim, except as a setoff, which reduces the amount claimed for damages or for rents and profits.[1.3]
- Serve the summons. Handing the summons to the defendant in person within the county must happen at least three days before the date set for the appearance. Service elsewhere, or personal service in any other way, must happen at least seven days before.[1.2]
- After a judgment for eviction. If leaving at once would cause a substantial hardship to the tenant or the tenant's family, the court may pause the special execution for a reasonable period of up to five days. That pause is not available when the judgment rests in whole or in part on a disturbance of the peace.[1.3]
A tenant evicted for nonpayment of rent or damage to the premises can move to seal the court records seven years after the eviction order is satisfied. The tenant must have resolved all those claims and must not have been evicted from another property during the seven years.[1.4]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current North Dakota law. If you notice an error or outdated information, please contact us.
Published: Aug 1, 2024
General information, not legal or tax advice.
Sources
- N.D.C.C. §§ 47-32-01 to 47-32-05.
- 1.1 § 47-32-01
- 1.2 § 47-32-02
- 1.3 § 47-32-04
- 1.4 § 47-32-05
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