The North Dakota eviction notice forms are for use when a tenant has failed to abide by the terms of the lease and landlord is seeking to evict. No matter the breach, whether it be non-payment of rent or some other term in the lease, landlord must provide three days notice to tenant to rectify the breach or remove themselves from the premises. If tenant fails to do either of those things, landlord may prepare a summons and complaint in the Local District Court which services the area in which the property is located. The Summons and Complaint must then be served on tenant. You may have to file an affidavit of service depending on how you have it served. Once it has been served, you must file it with the court along with evidence of service, your eviction notice and evidence of service, findings of fact and a filled out judgment form. If judgment in favor of the landlord is granted, the tenant will have to vacate.
Notices By Type
3-Day Notice to Quit (Late-Payment & Non-Compliance) – This document, pursuant with Title 47 Chapter 32, may be used by any landlord/manager/agent for notifying a lessee of the lessor’s intention to file an eviction for non-payment of rent or any type of non-compliance with their lease agreement.
30-Day Notice to Quit (Month-to-Month Tenancy) – Type of letter that may be used by either the landlord or tenant to quit a tenancy at will. Although the tenant may only have to provide twenty-five days’ notice while the landlord must provide thirty (30) days.
When is Rent Due
In North Dakota, rent is due as specified in the lease. If tenant fails to pay the rent on time, landlord may serve an eviction notice which would give the tenant three (3) days to pay the rent or face an eviction action.
How to Evict (Process)
Step 1 – Before going to court to start an eviction process, landlord must serve an eviction notice on the tenant. The eviction notice must allow three days to rectify the situation. If landlord seeks to end a month-to-month tenancy, he or she must use a month-to-month form. In both cases, the tenant must be served personally (not by landlord) or by mail, or by sheriff. Landlord should retain proof of service because it will be needed in court during the eviction process. The notice forms are as follows:
Step 2 – If tenant fails to comply with the notice, landlord may then proceed to the local district court (where the property is located) to file a Summons and Complaint. These will have to be served on tenant also. Again, there will have to be proper service as set forth in Step 1.
Step 3- Once the tenant has been served, landlord will need to gather a copy of the eviction notice, the summons and complaint and proof of service for both. In addition, landlord will have to prepare Findings of Fact and Judgment. These will have to be filed with the court along with the requisite fee.
Step 4 – The court will set a hearing date. If tenant fails to attend and/or judgment is found in favor of the landlord, the court will issue a judgment which will require the tenant to move out.
Step 5 – If tenant continues to remain on the premises, then the landlord will have to seek a Writ of Eviction in order to authorize removal of the tenant by sheriff.