North Dakota Eviction Notice Overview
North Dakota 3-Day Unconditional Quit
North Dakota's 3-day notice can be used as an unconditional quit for certain violations, meaning the tenant has no right to cure. For non-payment, the 3-day notice gives the option to pay or vacate. Be sure to use the correct notice type for your situation under NDCC Chapter 47-32.
North Dakota's eviction laws are found in NDCC Chapter 47-32. The state allows a 3-day unconditional quit notice for specific serious violations, meaning the tenant must vacate within 3 days with no option to cure. For non-payment of rent, landlords also use a 3-day notice to pay or quit, giving the tenant the choice to pay or leave.
North Dakota is a landlord-friendly state with relatively straightforward eviction procedures. Most rental activity is in Fargo (Cass County), Bismarck (Burleigh County), Grand Forks, and Minot. The state has no rent-control ordinances or local just-cause eviction laws. District courts handle eviction filings statewide. North Dakota's oil boom communities like Williston and Watford City have seen unique rental market pressures.
3 Days
Unconditional quit
$80-$130
Filing fees
Written
Notice required
2-4 wks
Court process
North Dakota Legal Requirements
North Dakota requires the eviction notice to be in writing and clearly state whether it is a pay-or-quit notice (for non-payment) or an unconditional quit notice (for serious violations). The distinction matters because the tenant's rights differ under each.
Required Notice Elements
- Written Notice: Must be in writing. Verbal notices are not sufficient under NDCC
- 3-Day Period: Three full days from the day after service to comply or vacate
- Notice Type: Clearly state whether it is pay-or-quit (non-payment) or unconditional quit (serious violation)
- Violation Description: For non-payment: exact rent amount. For violations: specific description of the conduct
- Tenant and Property Info: Full names of all tenants and the complete property address
- Landlord Contact: Name and contact information for the landlord or property manager
How to Serve an Eviction Notice in North Dakota
North Dakota permits personal delivery, substituted service, and posting with mailing. District courts verify proper service when the eviction complaint is filed.
Determine the Correct Notice Type
For non-payment: use 3-day pay or quit. For serious violations (damage, illegal activity): use 3-day unconditional quit.
Prepare the Written Notice
Complete all required fields. Be precise about the violation or amount owed.
Serve the Tenant Personally
Hand deliver to the tenant. If unavailable, leave with a responsible person at the premises and mail a copy.
Document Service
Record date, time, and method. Keep copies of everything for the district court filing.
File Eviction After 3 Days
If the tenant does not comply or vacate, file an eviction action in the district court for the county where the property is located.
North Dakota Eviction Timeline
After the 3-day notice expires, the landlord files an eviction complaint in district court. North Dakota district courts typically schedule hearings within 7-14 days of filing. The tenant is served with a summons and has a limited time to respond.
If the case is uncontested, the court can issue a judgment quickly. Contested cases require a hearing where both parties present evidence. North Dakota courts are generally efficient with eviction cases given lower caseloads compared to more populous states.
After judgment, the court issues a writ of restitution. The sheriff enforces the writ, typically within 3-7 days. Total time from notice to lockout averages 3-5 weeks for uncontested cases in North Dakota and 6-10 weeks for contested ones.
North Dakota Court Fees & Costs
Below are the typical costs associated with the eviction process in North Dakota. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing | $80 - $130 |
| Service of Summons | $25 - $50 |
| Writ of Restitution | $25 - $60 |
| Attorney Fees (optional) | $400 - $1,500 |
| Sheriff Enforcement | $50 - $100 |
Sample North Dakota Eviction Notice
Below is a preview of the North Dakota-compliant eviction notice.
3-DAY NOTICE TO PAY RENT OR QUIT
STATE OF NORTH DAKOTA
Pursuant to NDCC Chapter 47-32
TO TENANT(S):
Name: [Full Legal Name]
Address: [North Dakota Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You have THREE (3) DAYS from service to pay the full past-due rent of $[Amount] or surrender possession of the premises. Failure to comply will result in the filing of an eviction action in district court.