Eviction Reasons and Tenant Defenses in North Dakota

Facing an eviction notice in North Dakota can be stressful, but understanding your rights and the legal eviction process can help you make informed decisions. This guide explains legal reasons for eviction in North Dakota, common tenant defenses, the main forms involved, and steps you can take to protect your housing.

Legal Reasons Landlords Can Evict Tenants in North Dakota

Landlords in North Dakota must have a legally valid reason to ask a tenant to move out. State law, found in the North Dakota Century Code – Chapter 47-32.1: Residential Landlord and Tenant Act, outlines these reasons. The process must also follow the procedures described in the law to be valid.^[1]

• Nonpayment of rent: Failing to pay rent on time is the most common lawful reason for eviction. Landlords may give a 3-day written notice to end the tenancy if rent is overdue.
• Lease violations: Breaking a term of your lease (such as having unauthorized pets or guests, or causing property damage) may result in a 3-day written notice if you do not fix the issue.
• Illegal activity: Tenants engaging in illegal activity on the property can be given a 3-day notice.
• No lease or end of lease: If there is no lease, or your lease has expired, landlords must give proper written notice (typically equal to the term of the rental period).

Please note: Landlords cannot evict tenants for discriminatory reasons, in retaliation for exercising legal rights, or without proper notice.

Required Notice and Eviction Process in North Dakota

The eviction process formally begins with a written notice to the tenant. The main notices include:

• 3-Day Notice to Quit: The most common form landlords use to begin eviction for nonpayment, lease violations, or illegal activity. You can see an official template and instructions on the North Dakota Courts Legal Self Help Center.
• Notice to Terminate (for Month-to-Month Tenancies): To end a month-to-month rental agreement, either party must give at least 30 days’ written notice before the end of the rental period.
  • Use the Eviction – Notice to Quit/Terminate (Form #ND-09-21). This is used by landlords to provide the required notice and by tenants to show they received proper notice.^[2]

Once the notice period expires, and if you haven't moved out or fixed the violation, the landlord can file an eviction action—called an "unlawful detainer"—with the court.

Tenant Defenses Against Eviction

Even if you've received an eviction notice, you may have legal defenses. Here are some key options under North Dakota law:

• Improper notice: If your landlord didn't serve you notice in the manner or time period required by law, the eviction can be dismissed. Save all documents you receive.
• Retaliation or discrimination: It is unlawful to evict you for reporting code violations, organizing tenants, or based on race, religion, family status, or other protected factors.
• Landlord failed in obligations: If your landlord hasn't made critical repairs or breached their responsibilities under the lease or law, you may be able to use this as a defense.
• Paid rent in full: If you have proof you paid rent on time, provide receipts or documentation to the court.

Important North Dakota Eviction Forms

• Eviction Action – Summons and Complaint (Form #ND-09-02):
  • This form is filed by the landlord in court after the notice period ends. If you receive these papers, it means an eviction court hearing is scheduled.
  • Available officially on the ND Legal Self Help – Eviction Forms page. Always read it carefully for your hearing date and your right to respond.
• Answer (Form #ND-03-11):
  • If you want to contest the eviction in court, you may file an Answer. This lets you state your side, name your defenses, and offer any evidence. Get the form and filing instructions from the official ND Courts Eviction Forms page.^[3]

Submitting the correct forms and responding on time are critical to protecting your rights in an eviction case.

What Happens at a North Dakota Eviction Hearing?

Your case will be heard by a judge at your county district court. The North Dakota State Court System handles all residential eviction cases. You may bring evidence (receipts, photos, communications) and witnesses. The judge decides if the landlord has met all requirements for eviction or if the tenant’s defenses are valid.

FAQ: North Dakota Eviction and Tenant Rights

1. What notice does my landlord have to give before eviction in North Dakota?
   In most cases, for unpaid rent or lease violations, the landlord must provide a 3-day written notice before filing for eviction. Month-to-month tenancies generally require 30 days’ notice.
2. Can I stop an eviction by paying overdue rent?
   If you pay all past-due rent before the landlord files the eviction court action, you typically can avoid eviction. After court is filed, it depends on the judge and circumstances.
3. My landlord didn’t make repairs. Can I use this as a defense?
   If your landlord refused to address serious repair issues that violate health or safety codes, you may have a defense. Bring documentation to court.
4. I received court eviction papers. What should I do?
   Read all documents, mark your court date, gather evidence, and consider submitting an Answer form. Show up to your hearing to explain your side.
5. Can my landlord evict me without going to court?
   No. Only a judge can issue a legal eviction order in North Dakota. The landlord must follow correct court procedures.

Need Help? Resources for Renters in North Dakota

• North Dakota Courts – Legal Self-Help: Eviction: Official guides, forms, and instructions for renters.
• North Dakota State Court System: Find your local court and contact info.
• ND Residential Landlord and Tenant Act (Chapter 47-32.1): Full legal text of the law.
• Legal Services of North Dakota: Free legal help for eligible renters facing eviction or housing issues.

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1. North Dakota Century Code – Residential Landlord and Tenant Act, Chapter 47-32.1
2. ND Courts – Eviction Notice to Quit/Terminate (Form #ND-09-21)
3. ND Courts – Eviction Answer (Form #ND-03-11)

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