North Dakota Eviction Notice Requirements

North Dakota requires a written notice of intention to evict at least 3 days before a landlord can file an eviction action, whether the reason is unpaid rent, a holdover, or a violation of a material term of a written lease. State law does not require a separate chance to cure a lease violation unless the lease provides one. A month-to-month tenancy is ended with at least one calendar month's written notice, so the period is set in months rather than a fixed number of days.

The notice of intention to evict must be in writing and should identify the reason, such as the amount of unpaid rent or the lease term that was broken. It may be served the same way a summons is served, or, if the tenant cannot be found, posted conspicuously on the premises by the sheriff or a process server. A notice ending a month-to-month tenancy can be given at any time, but must allow at least one full calendar month.

If the tenant does not leave, the landlord files an eviction action in district court. The summons sets an appearance date 3 to 15 days after it is issued, and the tenant can respond at the hearing. If the landlord wins, the court orders immediate restitution of the premises, though it may delay the special execution up to five days for substantial hardship. A landlord should not try to remove a tenant without going through this court process.