Key Takeaways
- North Dakota landlords can only remove tenants through proper notice, court filings, and a judge’s ruling, no self-help evictions allowed.
- Common notices include 3-day notices for nonpayment or violations, immediate notices for criminal activity, and 30-day notices for month-to-month leases.
- If a tenant doesn’t comply, landlords must fule an eviction lawsuit, attend a hearing, and obtain a Judgement for Possession.
- If a tenant refuses to leave after judgement, the sheriff or deputy executes the eviction through a Writ of Execution.
Are you thinking about investing in North Dakota real estate? Before purchasing a rental property, it’s essential to familiarize yourself with the state’s eviction laws. These regulations outline the legal process landlords must follow to remove a tenant and directly impact how you manage your property and protect your investment.
Understanding North Dakota landlord-tenant and eviction laws can help you avoid costly mistakes, legal disputes, and unnecessary delays. Compliance ensures tenant rights are protected while also allowing property owners to protect their property when lease violations occur.
In this article, the team at Personal Touch Property Management will break down North Dakota eviction laws in a clear, straightforward way. Our goal is to help you understand your responsibilities and stay compliant, so you can manage your investment with confidence and peace of mind.
A Step-by-Step Guide for Evicting a Tenant in North Dakota
In North Dakota, the eviction process begins with the landlord providing a written notice to the tenant, stating the reason for the notice and giving them time to amend the issue or vacate the unit.
If the tenant does not comply, the landlord is able to file an eviction lawsuit with the court. A hearing is then scheduled, and only after a court judgment can a tenant be legally removed.
The Landlords Serves the Tenant with a Notice
According to the North Dakota Century Code (NDCC) Chapter 47-32, landlords can only evict a tenant with just cause. This includes failing to pay rent, violating the lease terms, destroying or neglecting the unit, or committing illegal activities on the premises.
Evictions may not be based on a tenant’s protected characteristics under federal or state Fair Housing laws.
Additionally, landlords renting their property on a month-to-month basis can terminate the tenants lease without providing a specific reason, as long as they give them 30 days’ notice.
To formally begin the eviction process, landlords need to serve tenants with the right notice. The notice type and timeline will depend on the reason for the eviction. Here are the most common types of notice used in evictions:
- 3-Day Notice to Quit. Typically used when a tenant fails to pay rent or has committed a lease violation, this notice gives renters a chance to mend the damage within 3 days or vacate the unit.
- Immediate Notice to Quit. If a tenant engages in criminal activity, the landlord can issue this notice to force them to vacate the property immediately.
- 30-Day Termination Notice. This notice is only used in month-to-month rental agreements. It’s a formal notice used to let renters know their lease won’t be renewed.
The Landlord Files an Eviction Lawsuit
If the tenant fails to mend the damage or vacate the property after the deadline of the notice, then the landlord can file a Complaint for Eviction with their county’s district court. The filing fee ranges between $80 and $100, plus the cost for attorney fees.
The Landlord Serves the Court Summons to the Tenant
After filing the eviction lawsuit, the court clerk will issue a summons for the tenant and set a hearing date. Landlords are responsible for arranging for the local law enforcement or an unrelated third-party to serve the tenant with the Summons and Complaint for Eviction. They must keep track of when and how the documents were delivered.
After receiving the summons, tenants get the chance to contest the eviction. Both the landlord and tenant need to attend the court hearing.
The Landlord and Tenant Attend the Eviction Hearing
During the hearing, both the landlord and tenant get the chance to present their case. The landlord must explain the cause for the eviction and provide any supporting documentation as proof. The tenant will also get the chance to defend themselves.
The judge will review all the evidence submitted and may even request additional documentation, including rent receipts, a signed copy of the lease agreement, photographs and videos, or witness statements.
The Judge Reaches a Ruling
After reviewing all the evidence, the district court judge will reach a ruling. This can take up to a few days after the eviction hearing.
If the ruling is in favor of the tenant, they will be able to remain in the unit. If the judge rules in favor of the landlord, the court will issue a written Judgment for Possession, which gives the landlord the right to retake the rental property.
In such a case, the tenant will have up to 5 days to vacate the unit. If they fail to do so, the landlord can request a Writ of Execution from the district court to remove them from the premises.
The Local Law Enforcement Executes the Writ of Execution
In North Dakota, only the sheriff or a deputy sheriff can forcefully remove a tenant from a property. If a Writ of Execution is issued, law enforcement will handle the eviction, ensuring the landlord regains full possession of the property.
Security Deposits and Personal Belongings
After the tenant has vacated the unit, landlords must continue to follow state laws regarding security deposits and personal belongings.
Security deposits must be returned within 30 days after the tenant leaves, along with an itemized list of any lawful deductions for unpaid rent or damages beyond normal wear and tear.
If a tenant leaves personal belongings behind, landlords may dispose of property valued at $2,500 or less after a 28-day waiting period, but higher-value items generally require a court order before they can be sold or discarded.
Conclusion
While North Dakota is generally considered a landlord-friendly state, landlords still have to comply with the local laws and regulations. If you’re renting out a property in this state and need to evict a tenant, then you must follow the local eviction process.
From making sure you serve tenants the right notice to providing the court with all the documentation, even a simple mistake can delay or even derail the entire process. Now that you understand what the eviction process is like in North Dakota, you’re better prepared to protect your investment.
Do you have more questions about the North Dakota eviction process? Contact Personal Touch Property Management!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.