The North Dakota Eviction Process: A Guide for Landlords

In North Dakota, a landlord cannot remove a tenant without a court order from a state district court. The usual process is a three-day written notice of intention to evict, an eviction summons and complaint, a court hearing set 3 to 15 days after the summons is issued, and a judgment for possession. The rules are in North Dakota Century Code chapter 47-32.

Grounds for eviction

Section 47-32-01 lists eight grounds. The ones residential landlords use most are: the tenant fails to pay rent for three days after it is due, the tenant stays after the lease has ended, the tenant violates a material term of the written lease, or the tenant unreasonably disturbs other tenants' peaceful enjoyment of the property.

Step 1: Three-day notice of intention to evict

For nonpayment, holding over, and material lease violations, the landlord must give three days' written notice of intention to evict before starting a court case (NDCC 47-32-02). The notice can be served the same way as a summons, and if the tenant cannot be found, the sheriff or a process server may post it conspicuously on the premises. The notice is not an eviction order. An eviction based on disturbing other tenants does not require the three-day notice.

Step 2: Summons and complaint

If the tenant has not resolved the problem or moved out, the landlord files an eviction action in district court. The hearing date in the summons must be no fewer than 3 and no more than 15 days after the summons is issued. Personal service within the county must happen at least 3 days before the hearing, and other service at least 7 days before.

Step 3: The hearing and judgment

Both sides present their case to the judge. An eviction action can include a claim for unpaid rent and damages, and the tenant's counterclaims are limited to offsets against those amounts (NDCC 47-32-04). If the landlord wins, the court enters judgment for immediate return of the premises. The court may delay enforcement for up to five days if the tenant shows substantial hardship, except when the eviction is based on a disturbance of the peace.

After the judgment

If the tenant does not leave by the court's deadline, the order is enforced through the court, not by the landlord personally. Changing locks, removing belongings, or shutting off utilities without a court order is not a lawful way to evict. An evicted tenant can still owe rent for the rest of the lease term, but the landlord has to make reasonable efforts to re-rent the unit (NDCC 47-16-13.7).

Common questions

How long does an eviction take in North Dakota?

It moves quickly compared with many states. After the three-day notice, the hearing is set 3 to 15 days from the date the summons is issued, so an uncontested case can be finished within a few weeks.

Can a landlord evict a tenant without going to court in North Dakota?

No. A tenant can only be evicted by order of a North Dakota district court.

Which evictions require a three-day notice?

Evictions for unpaid rent, holding over after the lease ends, and material lease violations. An eviction for unreasonably disturbing other tenants can be filed without it.

Are the rules different for mobile home parks?

A mobile home park resident can defend an eviction by showing the park owner violated section 47-10-28, and the court may not order eviction if it finds a violation (NDCC 47-32-01.1).

This page is general information for North Dakota rental owners and is not legal advice. Laws change, so check the current North Dakota Century Code or talk with an attorney about your situation. Reviewed November 2026.

Related: North Dakota Lease Termination Notice | North Dakota Security Deposit Law | Owner Services

Sources: NDCC chapter 47-32 (Eviction) | North Dakota Courts: Eviction | NDCC chapter 47-16