Being Evicted
N.D.C.C. § 47-32-02 — three days' written notice of intention to evict, then a summons with three to fifteen days to appear
An eviction action lies in district court when a tenant holds over after the lease ends, fails to pay rent for three days after it is due, unreasonably disturbs other tenants, or breaks a material term of a written lease.
- For holding over, unpaid rent, or a broken lease term, three days' written notice of intention to evict is given before the case can start.
- The summons sets the appearance no fewer than three nor more than fifteen days from its issue.
- Personal service in the county is at least three days before the appearance; other service at least seven days before.
- Only claims for rent and damages from the possession can be joined, and counterclaims only as a setoff.
Up to five days on a hardship. If the landlord wins, the judgment is for immediate restitution of the premises. On a showing of substantial hardship to the tenant or family, the court may stay the execution for up to five days, except when the eviction rests on a disturbance of the peace.
A particular eviction is a question for a licensed North Dakota attorney or a legal aid office, and the timeline is short.
Sources for this section (3)
- N.D.C.C. § 47-32-01 — When eviction maintainable
- N.D.C.C. § 47-32-02 — Appearance - Notice of intention to evict - When required - When and how served
- N.D.C.C. § 47-32-04 — Eviction actions not joinable with other actions - Exception - When counterclaims only interposable
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.