North Dakota Eviction Notice Overview
North Dakota allows a 3-day eviction notice under N.D.C.C. 47-32-01 for certain violations. For non-payment, the landlord must generally provide reasonable notice. North Dakota does not use a 5-day notice. Evictions are filed in District Court.
Understanding the correct notice period is critical for North Dakota landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current North Dakota statutory requirements before serving any eviction notice.
3-day
Actual notice period
$80 - $100
Court filing fee
District
Court type
3-6 Wks
Total process
Why North Dakota Uses 3-day, Not 5 Days
Important: North Dakota Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in North Dakota. Under N.D.C.C. 47-32-01, the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. North Dakota is not among them. The 3-day notice requirement in North Dakota applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under North Dakota law.
If you are a landlord in North Dakota, ensure your eviction notice complies with N.D.C.C. 47-32-01 and includes all elements required by District Court. Using our North Dakota-specific template ensures you have the correct notice period and statutory language.
North Dakota Legal Requirements for Eviction Notices
To withstand judicial scrutiny in North Dakota District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and North Dakota county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by N.D.C.C. 47-32-01
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in North Dakota
Proper service of the eviction notice is essential under North Dakota law. District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method North Dakota courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. North Dakota courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the District Court in the jurisdiction where the property is located.
North Dakota Eviction Timeline
The eviction process in North Dakota follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in North Dakota and can expose the landlord to substantial liability.
North Dakota Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in North Dakota. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $80 - $100 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample North Dakota Eviction Notice
Below is a preview of the North Dakota-specific eviction notice using the correct 3-day notice period required by N.D.C.C. 47-32-01.
NOTICE TO PAY RENT OR QUIT
STATE OF NORTH DAKOTA
Pursuant to N.D.C.C. 47-32-01
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full North Dakota Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to N.D.C.C. 47-32-01, you have 3-DAY from the date of service to pay the total amount due or surrender possession.
NORTH DAKOTA COMPLIANCE
This notice uses the correct 3-day period required by North Dakota law under N.D.C.C. 47-32-01. A 5-day notice is not valid in North Dakota.