The North Dakota Eviction Notice is used by a landlord to send a notice to a tenant to vacate and deliver a rental property explaining reasons of evictions due to breach in tenancy. The North Dakota eviction notice pdf form is customizable to indicate a 3 day eviction notice, 5 day eviction notice, 30 day eviction notice and so on.

What is new in this release:

update

Limitations:

Sample form

An eviction notice (notice to quit) notifies a tenant of a lease violation or the termination of their rental contract. Upon receiving, the tenant will have a specified number (#) of days to either comply or vacate the premises (in accordance with State Law).

North Dakota Eviction – What Is The First Step?

The first step in the eviction process is serving your tenants with proper notice. A notice to the tenant simply establishes a specific action that must be taken by the tenant and the date by which it must be done. For example the North Dakota Notice to Vacate can be used by landlords to inform tenants that the lease has ended and that they must vacate the premises by the move-out date. If the tenant complies with the notice, that’s great news – you don’t need to evict the tenant! However if you have served your tenant with an appropriate notice and it has not been complied with, you can file a complaint with the court to remove the tenants and regain possession of your property. If you win the lawsuit, the court will issue a Writ of Possession which informs the tenant they must leave or they will be forcibly removed by the sheriff. This is when the actual eviction occurs.

Serving a notice does not mean you are evicting the tenant. For example, if your tenant does not pay the rent, the North Dakota Notice to Quit can be used to inform them that they are in violation of the lease terms and that the breach in contract must be fixed by a certain date or they must quit the lease agreement and vacate the premises. If the tenant complies with the order or moves out by the date identified on the notice, no further action is needed. However if the tenant has not complied with your notice and has remained on the premises, then you have grounds to file an eviction lawsuit. In order to win in court, you will have to prove that the notice was served properly and that you have complied with North Dakota law (Chapter 47-16 – North Dakota Century Code).

North Dakota Eviction Laws

One important factor you must consider is whether you are dealing with a tenancy at will or a fixed North Dakota Lease Contract. A rental lease contract typically lasts for a fixed period whereas a tenancy at will can last indefinitely and can be terminated by the landlord or the tenant. If you have a written North Dakota residential lease, you cannot evict your tenants simply because you have changed your mind or do not like them. The tenant has to have done something wrong in order for you to justify terminating the lease agreement – like not paying rent or causing damage to the property (see North Dakota Lease Termination). If you do not have a written North Dakota rental lease agreement, North Dakota law requires you to provide written notice to tenants at least 30 days in advance if you want to terminate the tenancy agreement and vacate the premises. Even if the tenant has no right to be in your home, it is illegal for landlords and property managers in North Dakota to forcibly remove tenants from their property. Landlords can face heavy fines and even jail time if they try to forcibly remove tenants by shutting off utilities or changing locks. The Department of Housing and Urban Develoment website has additional information about North Dakota tenant rights if you would like to learn more.

A North Dakota eviction notice is a document used when a landlord seeks to evict a tenant who has failed to abide by the terms of their lease agreement. No matter the nature of the breach, the landlord must provide at least three days’ notice to the tenant to rectify the breach or remove themselves from the premises. If the tenant fails to do either of those things, the landlord may prepare a summons and complaint in the Local District Court which services the area in which the property is located.