North Dakota Eviction Laws: 2025 Step by Step Process & Costs

Alright, let’s talk about evictions. Frankly, if you’re a North Dakota landlord reading this, you’re probably already in a tough spot—staring at a missed rent payment, a trashed property, or a lease violation that just won’t quit. Your stomach’s in knots. I get it. I’ve been there with clients more times than I care to count. And if you’re a tenant? You’re likely scared, confused, and Googling frantically to figure out your rights before a sheriff shows up at the door.

Take a breath. This guide is here to cut through the legalese and give you a clear, practical map of the North Dakota eviction process. It’s based on the actual state laws—I’ll link you right to them—and the hard-won experience of managing properties here in the Peace Garden State. My goal isn’t to scare you, but to arm you with the facts. Because whether you’re trying to protect your investment or your home, knowledge is your absolute best weapon.

Part 1: The “Why” Behind the Law—And The One Rule That’s Set in Stone

First things first: you have to understand why the process is so specific. North Dakota, like every state, has a detailed legal code that balances a landlord’s right to their property with a tenant’s right to a stable home. The main chapters you need to know are in the North Dakota Century Code (NDCC) Title 47, covering everything from security deposits to the eviction lawsuit itself, called an “Unlawful Detainer” action.

But forget the chapter numbers for a second. There’s one rule so important I tell every client to write it on a sticky note:

You can NEVER, EVER take the law into your own hands.

I mean it. No changing the locks. No shutting off the water or power to force someone out. No throwing their stuff on the lawn. That’s called a “self-help” eviction, and it’s explicitly illegal under NDCC § 47-32-06. I’ve seen well-meaning landlords try it, and it always—always—backfires. The tenant can sue you, and you’ll likely end up paying them damages, plus their attorney’s fees, on top of still having to go through the proper court process anyway. Just don’t do it.

Part 2: Valid Reasons to Start the Process (The “Grounds”)

You can’t evict someone just because you don’t like them. You need a legally solid reason. Here are the big four:

1. The Rent Didn’t Come. This is the most common one, covered under NDCC § 47-32-01.1. Let’s clear up a huge misconception right now: North Dakota law does NOT give tenants a mandatory grace period. If your lease says rent is due on the 1st, it’s late on the 2nd, unless your specific lease agreement states otherwise. Check your document!
2. They Broke the Lease Rules. This is covered broadly in NDCC § 47-16-07. Think unauthorized pets (that “emotional support” iguana you never approved), extra long-term guests, or significant damage beyond normal wear and tear. Your lease is your contract—if they violate a major term, you have grounds.
3. You’re Ending a Month-to-Month Tenancy. Sometimes, you just need the property back—you’re selling, moving in family, or you’ve simply had enough. For month-to-month rentals, you can give notice without stating a reason (a “no-cause” eviction). You still have to follow the notice rules, which we’ll get to.
4. Something Illegal or Dangerous is Happening. Drug activity, violence, or creating a severe health hazard. These are serious breaches that often justify a faster process. They also likely violate local city codes, like the property maintenance rules in Fargo or Bismarck.

(Let me pause here for a second. A quick story from a few years back. A landlord in Minot called me, furious. His tenant was two weeks late on rent, so he went over and padlocked the door. The tenant called Legal Aid, and within 48 hours, the landlord was the one served with papers. He ended up paying the tenant $1,500 to settle, had to remove the lock, and then had to start the proper eviction from scratch. That padlock cost him over two months of lost rent. The lesson? The process feels slow, but shortcuts are a minefield.)

Part 3: The Step-by-Step Dance (Getting It Right)

This is the part where precision matters. Miss a step, and you go back to square one.

Step 1: The Notice – Your Formal “Knock”

This isn’t a text message or a phone call. This is a formal, written notice. And the type you use is everything.

• For Non-Payment of Rent: You need a “3-Day Notice to Pay or Quit.” It must state the exact amount owed and give them 3 full business days (excluding weekends and holidays) to pay in full or move out. Don’t guess the amount. Pull your ledger.
• For a Lease Violation: You need a “3-Day Notice to Cure or Quit.” Be painfully specific. “You violated the lease” isn’t enough. Write: “You are keeping an unauthorized dog, a Labrador, on the premises. Per section 4(b) of your lease, you must remove the dog by [Date 3 days out] or vacate.”
• For Ending a Month-to-Month Tenancy: You need a “30-Day Notice to Quit.” No reason needed. Just state the tenancy ends on a specific date, 30 days from when they receive it.

How do you “serve” it? Like you’re going to have to prove it in front of a skeptical judge. I recommend a one-two punch: Send it by Certified Mail (so you get a receipt) AND tape a copy to their front door. Take a clear photo of it on the door with your phone’s timestamp visible. Trust me on this.

Step 2: Filing with the Court (The “Unlawful Detainer”)

If the notice period passes and the tenant hasn’t fixed the issue or left, you file a lawsuit. You’ll go to the district court in your property’s county. The forms are available from the North Dakota Courts website. You’ll pay a filing fee (usually around $100-ish; the exact amount is on the court's fee schedule).

Once filed, the court will issue a “Summons.” A sheriff or process server will then deliver it to the tenant, officially notifying them of the lawsuit and their court date.

Step 3: The Hearing (Your Day in Court)

If the tenant contests it, you’ll have a hearing. Here’s what you must bring in a neat, organized folder:

• The original, signed lease.
• Copies of all notices, with your proof of service (certified mail receipt, your photo).
• A printed rent ledger showing every payment and missed payment.
• Photos of any damage or violations.
• A simple timeline/log of key events.

Be professional. Stick to the facts. The judge doesn’t want a dramatic story; they want to see if you followed the law and if the tenant broke the lease.

Step 4: The Lockout (The Sheriff’s Job)

If you win, the judge signs a “Judgment for Possession.” If the tenant still doesn’t leave, you go back to the clerk and get a “Writ of Restitution.” You take this writ to the County Sheriff. You do not touch the door. You schedule a time for a deputy to come out. They supervise the lock change and ensure a peaceful transition. This is the only legal way to physically remove a tenant.

Part 4: Let’s Talk Real Money (The Gut-Punch Costs)

Everyone underestimates the cost. Let’s lay it bare.

• Out-of-Pocket Fees: Filing fees, server fees, maybe a lawyer. For a simple case? At least $1,000 - $2,500. If they fight it? Double or triple that.
• The Hidden Killer: Lost Rent. This process takes at least 45 days, often 90+. If your rent is $1,200/month, you’re instantly out $1,800 to $3,600 in cash flow. That’s before you’ve paid a single fee.
• The Aftermath: Repairs, cleaning, advertising for a new tenant. After an eviction, properties are often left in bad shape. That security deposit rarely covers it all.
• The Human Cost (For Tenants): An eviction judgment is a public record. It wrecks credit and makes renting anywhere decent nearly impossible for 5-7 years. It’s a life-altering black mark.

Part 5: How to Avoid This Nightmare Altogether

For Landlords:

1. Screen Like Your Business Depends On It (It Does). Run a credit and criminal check. Verify income. But most importantly, call the previous landlord. Ask: “Would you rent to them again?”
2. Have a Bulletproof Lease. Don’t download a random one from the internet. Use a North Dakota-specific lease that details every rule and consequence.
3. Talk Early. The day rent is late, send a friendly text. “Hey, just checking in, is everything okay?” Often, a small problem gets solved before it becomes an eviction.
4. Consider “Cash for Keys.” If it’s going south, offering $500-$1,000 for them to leave peacefully by the end of the week can save you thousands and months of headache. Get the agreement in writing.

For Tenants Who Are Struggling:

1. Communicate IMMEDIATELY. The second you know you’ll be late, talk to your landlord. Silence equals guilt in their eyes. Propose a realistic payment plan.
2. Seek Help. Call Legal Aid of North Dakota. They can advise you of your rights. Check with your local county’s Department of Human Services office for emergency rental assistance programs. Swallow your pride and ask.
3. Show Up to Court. If you get served, GO TO THE HEARING. If you don’t, the landlord wins automatically. Explain your situation to the judge.

Bottom Line

The North Dakota eviction process is a legal maze designed to be slow and deliberate. It protects everyone’s rights, but it’s painful for all involved. As a landlord, your job is to follow the map perfectly. As a tenant, your job is to know the map exists.

If the sheer weight of this process—the notices, the court dates, the uncertainty—feels like too much to handle on top of repairs, marketing, and all your other duties, that’s completely normal. It’s why companies like ours at Hemlane offer Delinquency Management. We handle the stressful, time-consuming legal legwork with local attorneys, so you can focus on the bigger picture of your investment. Sometimes, the best move is to let a professional navigate the storm for you.

Sources & Where to Find the Law Yourself:

• North Dakota Century Code, Title 47: Your bible for landlord-tenant law. Start with Chapter 47-16 and Chapter 47-32.
• North Dakota Courts: For official forms and procedures.
• Legal Aid of North Dakota: Free, critical resource for tenants.
• Local City Codes: Check your city’s website for property maintenance/housing rules.

Please remember: I’m a property management professional, not your attorney. This guide is based on North Dakota law and hard experience, but it’s not legal advice. If you’re facing an eviction situation, please, for the sake of your wallet and your sanity, consult with a qualified North Dakota landlord-tenant attorney. They can give you advice tailored to your exact lease and circumstances.