North Dakota (ND) eviction guide
Quick answer
To evict a tenant in North Dakota, serve a written notice (as short as 3 days for nonpayment or lease violations), then file an eviction complaint in District Court in the county where the property sits. The court schedules a hearing within 3 to 15 days of the summons being served. If the judge rules in your favor, a writ of restitution is issued and the county sheriff carries out the lockout. The full process typically takes 3 to 8 weeks from notice to removal.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, holdover after lease ends, property sale |
|---|---|
| Minimum notice | 3 days (nonpayment or lease violation) |
| Where to file | District Court (county where property is located) |
| Filing fee | About $80 to $100 |
| Typical timeframe | 3 to 8 weeks |
Required when rent is unpaid; the tenant may pay the full amount owed within 3 days to avoid eviction.
Served for any non-rent lease breach; North Dakota law does NOT require landlords to give tenants a chance to cure the violation.
Used when a tenant engages in criminal or dangerous behavior on the property; no cure period is required.
Required to end a month-to-month tenancy without cause; must be delivered at least 30 days before the next rent due date.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Written Notice | Day 1 to 3 | Deliver the correct notice type in writing; the 3-day clock starts the day after the tenant receives it. |
| 2. File the Eviction Complaint | Day 4 to 7 | If the tenant has not complied, file a Forcible Entry and Detainer complaint at the District Court in the property's county and pay the filing fee (about $80 to $100). |
| 3. Sheriff Serves the Summons | 3 to 7 days | The sheriff or deputy serves the summons and complaint on the tenant at least 3 days before the hearing (7 days if out of county); expect roughly $30 for service. |
| 4. Attend the Court Hearing | 3 to 15 days after filing | Both parties present evidence before a District Court judge or judicial referee, who typically rules the same day. |
| 5. Obtain the Writ of Restitution | Same day to a few days after judgment | If you win, the court issues a Writ of Restitution; the tenant has up to 5 days to vacate if the judge grants a hardship stay. |
| 6. Sheriff Enforces the Lockout | Within days of writ issuance | Take the writ to the county sheriff, who schedules and supervises the lockout; you cannot change locks or remove a tenant without a deputy present. |
Expect to spend roughly $160 to $210 in court and sheriff fees: about $80 to $100 to file the complaint, around $30 for the sheriff to serve the summons, and another $50 to $80 to execute the writ of restitution. Attorney fees, if you hire one, can add $500 to $1,500 or more depending on whether the case is contested.
After winning judgment, the landlord gets a Writ of Restitution from the court clerk and delivers it to the county sheriff. The sheriff schedules and supervises the physical lockout; only a deputy may remove a tenant or oversee a lock change. Self-help eviction, such as changing locks or shutting off utilities without a writ, is illegal under NDCC § 47-32-06 and exposes the landlord to triple damages.
General information, not legal advice. Governing statute: North Dakota Century Code Chapter 47-32 (Eviction). Self-help eviction is illegal everywhere; always follow the court process.
North Dakota eviction FAQ
Most North Dakota evictions take **3 to 8 weeks** from the day the notice is served to the sheriff-enforced lockout. Uncontested cases where the tenant does not appear move faster, often wrapping up in 3 to 4 weeks. Contested cases or crowded court dockets can push past 8 weeks.
Court and sheriff fees typically total **$160 to $210**: roughly $80 to $100 to file, about $30 to serve the summons, and $50 to $80 to execute the writ. If you hire an attorney for a contested case, add $500 to $1,500 or more in legal fees.
No. Self-help evictions, such as changing the locks, removing belongings, or cutting off utilities to force a tenant out, are **illegal under NDCC § 47-32-06**. A landlord must obtain a court judgment and a Writ of Restitution before the county sheriff can remove the tenant.
No. North Dakota law does **not** require landlords to give tenants a cure period for lease violations. A 3-day notice to quit can be served immediately upon a breach, and the landlord can file in court as soon as the 3 days expire.
Evictions are filed in **District Court** in the county where the rental property is located. A District Court judge or a judicial referee hears the case, and the hearing is scheduled within **3 to 15 days** after the summons is served on the tenant.
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