Eviction notices in North Dakota

Eviction for nonpayment is available when the tenant fails to pay rent for three days after it is due (N.D.C.C. § 47-32-01(4)), and three days' written notice of intention to evict must be given before filing (§ 47-32-02). The notice can be served only after rent is three days late (ND Legal Self Help Center guide).

Can the tenant pay to stop it? The court's form notice demands payment of the past-due rent or possession within 3 days; the court guide says if the full amount is paid within the deadline and the landlord accepts it, the landlord can't continue the eviction for that rent.

The rent must be at least 3 days late before the notice can be served.

Type:

Pay or move out

Notice period:

3 days

Law:

N.D.C.C. §§ 47-32-01(4), 47-32-02

For violation of a material term of a written lease, three days' written notice of intention to evict is required before filing (N.D.C.C. §§ 47-32-01(8), 47-32-02).

Chance to fix it: No statutory right to cure.

Type:

Notice to vacate, no right to fix

Notice period:

3 days

Law:

N.D.C.C. §§ 47-32-01(8), 47-32-02

No pre-filing notice is required for this ground: the 3-day notice requirement covers only subsections 4, 5, 6 and 8 of § 47-32-01, not disturbance (§ 47-32-01(7); § 47-32-02; ND Legal Self Help Center). If the judgment rests on disturbance of the peace, the court cannot grant the usual up-to-5-day hardship stay (§ 47-32-04).

When it applies: The tenant or someone on the premises with the tenant's consent unreasonably disturbs other tenants' peaceful enjoyment.

Notice period:

No fixed number of days

Law:

N.D.C.C. §§ 47-32-01(7), 47-32-02, 47-32-04

The statute does not say how to count, so N.D.R.Civ.P. 6 applies: do not count the day of service; count calendar days including weekends and holidays; if the last day is a Saturday, Sunday or state holiday, the period runs to the end of the next day that is not (ND Legal Self Help Center, Eviction for Tenants guide, rev. Dec 2025).

The notice may be served and returned the way a summons is served (personal delivery by the sheriff or a non-party adult 18+, including to a person of suitable age at the home; at least one attempt between 6 and 10 p.m.), or, if the tenant cannot be found, posted conspicuously on the premises by the sheriff or a process server (N.D.C.C. § 47-32-02; ND Legal Self Help Center).

The landlord files an eviction action in district court. The summons sets an appearance 3 to 15 days after it is issued and must be served at least 3 days before (personal service in the county) or 7 days before (other service) the hearing (N.D.C.C. § 47-32-02). If the landlord wins, the court orders immediate restitution, but may stay it up to 5 days for hardship (§ 47-32-04). Only the sheriff can remove a tenant under a writ of execution (ND Legal Self Help Center).

• Eviction records for nonpayment or damage may be sealed 7 years after the order is satisfied if there is no later eviction; domestic-violence victims may seek sealing sooner (N.D.C.C. § 47-32-05).
• The statutes do not contain an express lockout ban like other states; the court guide states only the sheriff can evict.

• North Dakota notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• North Dakota security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• N.D.C.C. ch. 47-32 Retrieved October 13, 2026.
• ND Legal Self Help Center: Eviction for Tenants guide Retrieved October 13, 2026.
• ND court form: 3-Day Notice of Intention to Evict (rent or possession) Retrieved October 13, 2026.
• ND Legal Self Help Center: Eviction for Tenants Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.