North Dakota Non-Payment of Rent Notice Overview
North Dakota uses a 3-day notice to quit for non-payment under N.D.C.C. §47-32-01. Unlike most states, this is not a 'pay or quit' notice—it is an unconditional demand to vacate. The tenant technically has no statutory right to cure by paying rent. However, practical reality is that most courts will not evict a tenant who pays before the case is filed.
North Dakota evictions are filed in District Court. Cass County (Fargo), Burleigh County (Bismarck), and Grand Forks County handle the most cases. North Dakota's relatively small population means courts have lower caseloads and schedule hearings quickly. The process is efficient but tenants have fewer protections than in most states.
3 Days
Notice period
$80
Avg. filing fee
No (notice to quit, not to cure)
Right to cure
2-4 wks
Court process
North Dakota's 3-Day Notice Requirement
Under N.D.C.C. §47-32-01, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
North Dakota's 3-day notice is a notice to QUIT, not a notice to pay or quit. Under N.D.C.C. §47-32-01, the notice demands that the tenant vacate within 3 days—it does not offer the option to cure by paying. However, if the tenant tenders full rent before the landlord files, most courts will not proceed. North Dakota's approach is more restrictive than states offering a cure period.
North Dakota: 3-Day Notice to QUIT (Not Pay or Quit)
Unlike most states, North Dakota's 3-day notice is an unconditional notice to quit—the tenant is directed to vacate within 3 days, NOT to pay or vacate. Under N.D.C.C. §47-32-01, there is no statutory right to cure by paying rent. However, in practice, if the tenant pays all rent before the landlord files, most North Dakota courts will not proceed with the eviction. Landlords should understand this distinction when drafting notices.
North Dakota Legal Requirements (N.D.C.C. §47-32-01)
For the notice to be valid under North Dakota law, it must meet specific requirements established by statute and interpreted by North Dakota courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under North Dakota law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
North Dakota Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding North Dakota's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with North Dakota law.
North Dakota Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. North Dakota's notice is unconditional.
Right to Cure
No (notice to quit, not to cure).
How to Serve a Non-Payment Notice in North Dakota
North Dakota law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. North Dakota courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by North Dakota courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in North Dakota District Court. Include the original notice and proof of service with your filing.
North Dakota Non-Payment Eviction Timeline
The North Dakota eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Quit | Day 1 |
| Notice expires | Day 4 |
| File eviction in District Court | Day 4-6 |
| Summons served (3+ days before hearing) | Day 6-10 |
| Court hearing | Day 9-18 |
| Judgment for possession | Day 9-18 |
| Writ of restitution executed | Day 12-24 |
Total estimated time: 2-4 weeks. North Dakota courts move quickly due to lower caseloads. Contested cases take 3-5 weeks.
North Dakota Eviction Filing Fees & Costs
Filing fees for eviction actions in North Dakota vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $80 - $120 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $50 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $100 - $200 |
Sample North Dakota 3-Day Non-Payment Notice
Below is a preview of our North Dakota-specific non-payment notice. The final document includes all statutory language required under N.D.C.C. §47-32-01 and is formatted for North Dakota court proceedings.
THREE (3) DAY NOTICE TO QUIT
STATE OF NORTH DAKOTA
Pursuant to N.D.C.C. §47-32-01
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full North Dakota Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
NORTH DAKOTA STATUTORY NOTICE:
You are hereby notified to quit and deliver possession of the above premises within THREE (3) DAYS from service. You have failed to pay rent in the amount of $[Amount]. If you fail to vacate, an eviction action will be filed in North Dakota District Court to recover possession, rent, and costs.