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State of North Dakota
60 Day Eviction Notice · North Dakota

Free North Dakota 60-Day Eviction Notice Forms

North Dakota requires 30 days notice for month-to-month tenancies under N.D.C.C. 47-16-15. A 60-day notice is used when the lease mandates it, for subsidized housing through the North Dakota Housing Finance Agency, or as best practice in Fargo, Bismarck, and areas impacted by the oil boom.

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North Dakota 60-Day Notice Overview

North Dakota does not require a 60-day notice for standard residential tenancy terminations. Under N.D.C.C. 47-16-15, a month-to-month tenancy can be terminated with at least 30 days notice prior to the end of the rental period. North Dakota's landlord-tenant laws are found in N.D.C.C. Chapter 47-16.

North Dakota is one of the most landlord-friendly states in the nation. The state has no rent control, no just-cause eviction requirements, and minimal statutory tenant protections. Security deposits are capped at one month's rent (or the amount of one month's rent if the property is unfurnished and one-and-a-half if furnished) under N.D.C.C. 47-16-07.1. The oil boom in western North Dakota (Williston Basin) has created unique housing pressures.

30 Days

Statutory default

$80-$125

Court filing fees

Written

Notice required

2-4 wks

Court process

When a 60-Day Notice Applies in North Dakota

Since North Dakota's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.

Lease-Required Extended Notice

Many North Dakota property managers include 60-day non-renewal clauses. The contractual obligation overrides the 30-day statutory minimum under N.D.C.C. 47-16-15 when the lease specifies a longer notice period.

NDHFA Programs

Federal Section 8 programs administered through the North Dakota Housing Finance Agency (NDHFA) and local PHAs frequently require 60-90 days notice before termination of subsidized tenancies in North Dakota.

Oil Boom Housing Pressure

Western North Dakota's oil boom (Williston, Dickinson, Watford City) has created severe housing shortages. In these areas, providing 60 days notice is essential as replacement housing options are extremely limited and may require relocating significant distances.

North Dakota Legal Requirements

North Dakota's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.

North Dakota Oil Country Housing Challenges

Western North Dakota's Bakken oil fields have created extreme housing pressures in communities like Williston, Dickinson, and Watford City. Rental vacancy rates in these areas have been near zero during boom periods. Courts in these areas may exercise discretion regarding eviction timing. Landlords in oil-impacted communities should plan for longer transition periods and consider 60-day notices standard practice.

Notice Content Requirements

  • Written Notice: N.D.C.C. 47-16-15 requires written notice. Oral notice is insufficient for residential tenancy terminations in North Dakota
  • Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
  • Termination Date: State the exact date at least 60 days from service, aligned with the end of the rental period
  • Landlord Contact: Include the landlord or property manager name, North Dakota mailing address, and telephone number
  • Security Deposit Reference: N.D.C.C. 47-16-07.1 requires return within 30 days with an itemized statement. Deposits capped at one month's rent (one-and-a-half for furnished)

How to Serve a 60-Day Eviction Notice in North Dakota

Proper service is critical in North Dakota. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.

1

Prepare the Notice

Draft using a North Dakota-specific template referencing N.D.C.C. 47-16-15. Include all tenant names, property address, and the 60-day termination date

2

Personal Delivery (Preferred)

Hand-deliver to the tenant at the rental premises. North Dakota courts prefer personal service. Use a process server or witness

3

Certified Mail Alternative

Send via certified mail with return receipt. North Dakota accepts mailed service for landlord-tenant termination notices

4

Complete Proof of Service

Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings

5

File Eviction Action in District Court

After 60 days expire without the tenant vacating, file an eviction action in District Court where the property is located

North Dakota Eviction Timeline

North Dakota's eviction process is filed in District Court under N.D.C.C. 33-06. After filing, the tenant is served with a summons and has 3 days to appear or file an answer. North Dakota's eviction process is relatively fast.

If the tenant does not respond, a default judgment is entered. If the tenant appears, a hearing is scheduled. If the landlord prevails, the court issues a writ of execution and the sheriff enforces removal from the premises.

Total court timeline: 2-4 weeks uncontested, 4-8 weeks contested. Cass County (Fargo) and Burleigh County (Bismarck) have the heaviest caseloads. In oil country (Williams, Mountrail counties), timelines may vary. Combined with the 60-day notice period, the full process spans 10-16 weeks.

North Dakota Filing Fees & Costs

Eviction costs in North Dakota vary by county and court type. Below are typical expenses.

Fee / CostTypical Amount
District Court Filing Fee$80 - $125
Service of Process$25 - $60
Attorney Fees$400 - $1,500
Writ of Execution$20 - $40
Sheriff Enforcement$50 - $150

Sample North Dakota 60-Day Notice

Below is a preview of our North Dakota-specific 60-day termination notice template.

60-DAY NOTICE OF TERMINATION

STATE OF NORTH DAKOTA

Pursuant to N.D.C.C. 47-16-15

LANDLORD / PROPERTY OWNER:

Name: [Full Legal Name]
Address: [North Dakota Mailing Address]

TENANT(S):

Name(s): [All Tenant Names]
Rental Address: [Full Property Address]

NOTICE OF TERMINATION:

You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.

NORTH DAKOTA COMPLIANCE NOTE

Your security deposit will be returned within 30 days of vacating per N.D.C.C. 47-16-07.1, with an itemized statement of deductions. Please provide a forwarding address upon vacating.

North Dakota Resources

Frequently Asked Questions