By: Attorney Roman Knudsvig
When leasing residential real property, landlords need to understand both their rights and the proper legal process for removing a tenant. In North Dakota, evictions, also known as forcible detainer actions, are civil proceedings used to recover possession of property. This article explains how to evict a tenant in North Dakota, including notice requirements, court procedures, and timelines.
North Dakota law provides a clear statutory framework for recovering possession of property. However, strict compliance with procedures outlined in the North Dakota Century Code Chapter 47-32. Evictions are fast-moving proceedings, requiring proper notice, effective service, and adherence to statutory timelines.
An eviction proceeding is limited in scope. Generally, no additional claims or counterclaims may be brought in the action, except for claims relating to nonpayment of rent or damage to the leased premises.
The general process of an eviction action in North Dakota is:
- Serving notice of intent to evict on the tenant;
- Filing an action in court and attending a hearing;
- Enforcing the tenant’s removal, if necessary.
Grounds For Eviction In North Dakota
The first step in any eviction process is identifying a valid legal basis for eviction. Under North Dakota law, there are multiple statutory grounds for evictions. The two most common grounds are 1) failure to pay rent for three days after the rent is due; and 2) violation of a material term of a written lease agreement. Once proper legal grounds are established, the landlord may proceed with serving a notice of intent to evict.
Notice Of Intent To Evict
Before filing an eviction action, the landlord must serve the tenant with written notice. In most cases, the landlord must serve three days’ written notice of intent to evict to the tenant, lessee, subtenant, or party in possession of the property before initiating court proceedings.
The method of service may affect when a hearing is held. If the tenant does not vacate the property within the time required in the notice of intent to evict, the landlord may file an eviction action with the court.
Hearing
Once an eviction complaint is filed, the court will issue a summons and schedule a hearing. An attorney must represent entities such as LLCs, corporations, and partnerships. The hearing will be held between three and fifteen days after the summons is issued. The summons and complaint must also be served upon the tenant at least three days before the hearing if served personally within the county. If the summons is not served in person, it must be served at least 7 days before the hearing.
At the hearing, the landlord will produce evidence supporting the eviction. The tenant may also present evidence to rebut the landlord’s claims. The court will then grant or deny the eviction.
If the court grants the eviction, the court shall enter judgment that the landlord has immediate restitution of the premises. Upon a showing of hardship, the tenant may have up to 5 days to vacate the property. If the tenant does not vacate the property by the court-ordered deadline, a special execution may be filed, allowing law enforcement to assist in escorting the tenant and their personal belongings from the property.
conclusion
North Dakota law provides landlords with a statutory framework for recovering possession of their property. However, strict procedural compliance is required. Failure to comply with the notice requirements, service rules, or procedures may result in delay or dismissal of the action.
Because evictions move quickly and are governed by specific statutory requirements, working with an attorney can help ensure compliance and reduce the risk of delay or dismissal.
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