North Dakota Eviction Overview
ND Uses 3-Day Unconditional Quit, Not 10 Days
North Dakota's eviction statute (NDCC §33-06-01) requires only a 3-day unconditional quit notice for most eviction grounds including non-payment. This means the tenant must vacate within 3 days -- there is no right to cure by paying rent. This is one of the most aggressive eviction notice periods in the United States. A 10-day period would only apply if the lease specifically provides for it.
North Dakota's eviction law is codified in NDCC Chapter 33-06. The state is widely considered one of the most landlord-friendly in the nation due to its short notice period, lack of mandatory cure rights, and efficient court process. Evictions are filed in District Court and hearings are typically scheduled within 3-15 days of filing.
North Dakota's 53 counties are served by 42 District Court locations. Cass County (Fargo) and Burleigh County (Bismarck) handle the most cases. The state adopted a modified version of the Uniform Residential Landlord and Tenant Act (NDCC Chapter 47-32), which provides some tenant protections including habitability requirements and limited retaliation protections, but the 3-day unconditional quit notice remains the standard.
3 Days
Unconditional quit
$80
Filing fee
No Cure
Required by statute
1-3 wks
Uncontested process
North Dakota's Actual Notice Periods
| Grounds | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 3 days (unconditional quit) | NDCC §33-06-01 |
| Lease violation | 3 days (unconditional quit) | NDCC §33-06-01 |
| Holdover after lease expires | 3 days (unconditional quit) | NDCC §33-06-01 |
| Month-to-month (no cause) | 30 days | NDCC §47-16-15 |
| Illegal activity or nuisance | 3 days (unconditional quit) | NDCC §33-06-01 |
NDCC 33-06 Requirements
When 10 Days Might Apply in ND
A 10-day notice period in North Dakota applies only if the lease agreement specifically provides for a 10-day cure or notice period. Since the statute only requires 3 days with no cure right, a 10-day lease provision gives the tenant significantly more time than the law requires. Some professionally drafted leases include 10-day cure periods, but the landlord could instead use the 3-day statutory notice if the lease allows it.
3-Day Notice Requirements
- Written Notice: Must be in writing under NDCC §33-06-01
- Unconditional Quit: State that the tenant must vacate within 3 days. No cure right is required by statute
- Grounds Stated: Identify the specific ground for eviction (non-payment, violation, holdover, etc.)
- Property Address: Full address of the rental property
- Tenant Names: All tenants on the lease by legal name
- Landlord Information: Name and contact information of the landlord
How to Serve in North Dakota
Personal Delivery
Deliver the 3-day notice directly to the tenant in hand. The 3-day period begins the day after service
Post and Mail
If the tenant is unavailable, post on the door and mail a copy by certified or first-class mail
Wait 3 Days
Allow the full 3 calendar days to expire. The landlord is not obligated to accept rent during this period
File Eviction Action in District Court
After 3 days expire, file a Complaint for Eviction in District Court in the county where the property is located. Filing fee: approximately $80
North Dakota Eviction Timeline
North Dakota has one of the fastest eviction processes in the nation. After the 3-day notice expires, the landlord files in District Court. The court schedules a hearing within 3-15 days. If the court rules for the landlord, a Writ of Restitution is issued and the sheriff executes it promptly.
Total time for an uncontested case: as little as 1-3 weeks from the initial notice. In rural counties with lighter dockets, the process can be completed in under 2 weeks.
Contested cases add 2-4 weeks for hearings and potential continuances. Appeals go directly to the North Dakota Supreme Court, but eviction appeals are rare. Most tenants either comply with the notice or negotiate a move-out agreement. The speed of the process is a major factor in North Dakota's landlord-friendly reputation.
North Dakota Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $80 |
| Service of Process (Sheriff) | $25 - $50 |
| Writ of Restitution Execution | $40 - $75 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal to Supreme Court (rare) | $250+ |
Sample North Dakota Notice
Below is a preview of a North Dakota-compliant 3-day unconditional quit notice under NDCC §33-06-01.
3-DAY NOTICE TO QUIT
STATE OF NORTH DAKOTA
Pursuant to NDCC §33-06-01
TO:
Tenant: [Full Legal Name]
Premises: [Property Address, County, ND]
NOTICE TO QUIT:
You are hereby required to quit and surrender possession of the above premises within three (3) days of service of this notice. This notice is served due to: [non-payment of rent in the amount of $_____ / violation of lease terms / holdover]. Failure to vacate will result in eviction proceedings in North Dakota District Court.
NORTH DAKOTA LAW
This is an unconditional quit notice under NDCC §33-06-01. You are not required to be given an opportunity to cure. The landlord may proceed with eviction if you do not vacate within 3 days.