How to evict a tenant in North Dakota: Chapter 47-32 step by step
North Dakota's eviction chapter is brief. A district court action can rest on a lease that has ended, rent unpaid for three days, a disturbance of other tenants, or a violation of a material term of a written lease. For most of those grounds you first give three days' written notice of intention to evict. The summons sets an appearance 3 to 15 days out, and if you win, the court orders immediate restitution, with at most a five-day hardship stay.
What are the grounds for an eviction action in North Dakota?
Section 47-32-01 of the North Dakota Century Code lists when an eviction action is maintainable in district court. The residential ones are a lessee who holds over after the lease ends or who "fails to pay rent for three days after the rent is due" (subsection 4), a lessee or guest who unreasonably disturbs other tenants' peaceful enjoyment (subsection 7), and a lessee who violates a material term of the written lease (subsection 8). The same section covers force or intimidation, sales under a mortgage, and similar non-lease situations.
Which grounds need the written notice of intention to evict?
Section 47-32-02 requires three days' written notice of intention to evict before proceedings start, in cases under subsections 4, 5, 6 and 8 of 47-32-01. That includes unpaid rent, holdovers and breach of a material lease term. A disturbance case under subsection 7 is not on that list. The notice can be served and returned the way a summons is served, or, if the party cannot be found, a sheriff or process server can post it conspicuously on the premises.
For ending a tenancy with no breach, section 47-16-15 says a month-to-month tenancy may be ended by either side with at least one calendar month's written notice, unless the parties agreed in writing to a longer or different period, and rent is due through the termination date. A lease may demand a longer notice from the tenant only if the longer period is stated and the tenant initials next to it (subsection 4). Section 47-16-16 separately lets a lessor end a lease before the term when the lessee uses the property against the agreement or fails to make repairs the lessee must make after a request.
How does the summons work?
The appearance date in the summons must be no fewer than three and no more than fifteen days from the day the summons is issued (47-32-02). Personal delivery to the defendant within the county has to happen at least three days before the appearance date; service elsewhere or any other personal mode must be at least seven days before. If the person cannot be found in the county, and service has been attempted at least once between 6 p.m. and 10 p.m., you may file an affidavit that the defendant cannot be found, mail a copy to the last-known address, and have the sheriff or process server post the summons on the door of the unit.
What does the judgment do, and what can the tenant raise?
An eviction action cannot be joined with other actions except one for rents and profits or damages from the defendant's possession, and the only counterclaim allowed is a setoff against those (47-32-04). If the court finds for you, it enters judgment that you have immediate restitution of the premises. On a showing that immediate restitution would cause substantial hardship to the tenant or the tenant's family, the court may stay the special execution for a reasonable period of no more than five days, except where the judgment rests at least partly on a disturbance of the peace.
A tenant evicted according to law is liable for rent for the rest of the lease term, but you must still mitigate damages (47-16-13.5 and 47-16-13.7). Property left behind worth no more than $2,500 may be kept and disposed of without legal process 28 or more days after you learn, or it reasonably appears, that the tenant has left; once a judgment and special execution have been served, you hold a lien for storage and moving costs (47-16-30.1). A tenant who has cleared a nonpayment or damage judgment may ask to seal the court record seven years after the order was satisfied (47-32-05).
Example a made-up landlord has a tenant three days behind on rent and serves written notice of intention to evict on Monday, November 2, 2026. After the three days, the landlord has the summons issued on Friday, November 6. The appearance date can be as early as Monday, November 9 and no later than Saturday, November 21; personal service in the county has to be completed at least three days before the date chosen.
What should a North Dakota landlord watch for?
- Skipping the three-day notice of intention, which the statute requires for unpaid rent and lease breaches.
- Using the 47-32 summons route for a month-to-month ending without a breach, where 47-16-15 sets the one-month notice first.
- Trying to add other claims or defenses in the eviction itself: the chapter limits both.
The two chapters read for this post, 47-32 and 47-16, are silent on lockouts and utility shutoffs, so do not infer that self-help is allowed. Other state or local laws may bar it; ask the court clerk or a local attorney before changing a lock.
Where does DoorKeeping fit?
DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.
Sources
Questions
- How many days notice before a North Dakota eviction?
- Three days' written notice of intention to evict, for holdover, nonpayment and material lease breach cases (47-32-02).
- How soon can a North Dakota eviction hearing be?
- The summons sets an appearance no fewer than three and no more than fifteen days after it is issued (47-32-02).
- Can a North Dakota judge delay the eviction?
- For hardship, up to five days, but not where the judgment is based partly on a disturbance of the peace (47-32-04).