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Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.
According to North Dakota eviction law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not breach any rules, they can stay until their lease period ends. Often, the landlord may not want to renew the tenant's lease.
Below are the individual steps of the eviction process in North Dakota.Step 1: Notice is Posted.Step 2: Complaint is Filed and Served.Step 3: Court Hearing and Judgment.Step 4: Writ of Execution is Issued.Step 5: Possession of Property is Returned.
Under the law, notice must be given two weeks in advance before the tenant is evicted.
What about tenant notice? Tenants must currently give 21 days notice of their intention to terminate a tenancy. This will change to 28 days.
If the judge decides in the landlord's favor, you will be evicted the same day as the court hearing unless you claim hardship, in which case the judge can give you up to five days to move out. The ND Supreme Court has more information about the eviction process for tenants on its Self Help page.
What do the protections mean for North Dakota renters? Since there are no state-level protections in North Dakota, then for renters: Your landlord can still give you a Notice of Intention to Evict. Your landlord can still file an eviction claim in court against you, and you can get a Summons for Eviction.
The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.
Yes, you can kick someone out of your house in North Dakota; however, if they paid rent to you, or performed other services around your home for the privilege of living there, you may be required to follow the legal eviction process and obtain a court order to remove them.