North Dakota Eviction Timeline: Step-by-Step Guide for Renters

If you're a renter in North Dakota, it's important to understand how the eviction process works. Knowing each step—what to expect, what your rights are, and what to do next—can help you respond confidently if you receive an eviction notice. This guide breaks down the North Dakota eviction process timeline, using simple language and official resources so you can navigate the situation with clarity.

Who Handles Evictions in North Dakota?

Evictions in North Dakota are managed through the state's district courts. The relevant laws governing eviction and landlord-tenant relationships are found in the North Dakota Century Code Chapter 47-16 (Landlord and Tenant)^[1] and North Dakota Century Code Chapter 33-06 (Forcible Detainer & Unlawful Detainer)^[2].

North Dakota Eviction Process: Step-by-Step

The eviction (also known as "unlawful detainer") process in North Dakota involves several formal steps. Below, you'll find a clear overview of what happens if a landlord seeks to evict a tenant:

1. Notice to Terminate Tenancy

• Most evictions start when a landlord gives you written notice, either to pay overdue rent, fix a lease violation, or move out.
• Common types of notices include:
  • Notice to Quit (3-Day Notice): Used for nonpayment of rent or certain violations. Gives you 3 days to pay or move out.
  • Notice of Lease Termination (30-Day Notice): Required for ending a month-to-month tenancy. Gives at least 30 days' notice.

Landlords must deliver this notice in writing, either in person or by mail. If you're unsure about the notice or believe it's not correct, contact the North Dakota court system or a tenant support provider listed below.

2. Summons and Complaint (Unlawful Detainer Action)

• If the notice period ends and the issue isn't resolved, the landlord may file an "Unlawful Detainer" action in district court.
• You will receive a Summons and Complaint (no specific form number), which is official notice of eviction proceedings. This will usually be served in person, by mail, or by posting.
• The summons will state the court date. Respond immediately by preparing your defense or seeking legal help.

The main official form tenants receive is the Summons and Complaint—Eviction/Unlawful Detainer. You can review sample forms and instructions on the North Dakota Courts Eviction Self-Help page.

3. Court Hearing

• A hearing is typically scheduled within 3-15 days from when the summons is served. Attend the hearing! Bring your paperwork, notices, and any proof of payment or communication.
• If you do not attend, you may lose by default. If you have a good defense, present it at this time.

4. Judgment and Writ of Restitution

• If the court decides in favor of the landlord, a Judgment for Eviction is issued. The judge will also issue a Writ of Restitution (the formal court order instructing the sheriff to remove you if you don't leave).
• The sheriff delivers or posts the writ at your property, usually giving you a few days to move out voluntarily.
• Find the sample Writ of Restitution form and instructions on the North Dakota Courts site.

In most cases, you will have a short period (sometimes just 3 days) after the writ is served before law enforcement removes you. It's critical to arrange your next steps during this time.

5. Removal by Law Enforcement

• If you do not move out by the date in the writ, the sheriff can remove you and your personal belongings.

Timeline at a Glance

• Notice to Vacate: 3 to 30 days depending on notice type
• Summons & Complaint: Once filed, typically a court date is set within 3–15 days
• Writ of Restitution: Can be issued immediately after judgment—removal within as little as 3 days

Important North Dakota Eviction Forms for Renters

• Summons and Complaint—Eviction/Unlawful Detainer: Sent to tenants after the landlord files an eviction case.
  Example: If you're served, use this time to prepare your response and gather evidence. View form and instructions
• Writ of Restitution: Issued after a court judgment if the tenant doesn't move out voluntarily.
  Example: If you receive this form, it means law enforcement can assist with removing you. View Writ of Restitution official resource

For a complete list of self-help forms, visit the North Dakota Courts Eviction Self-Help Website.

FAQ: North Dakota Eviction Timeline and Process

1. How long does it take to evict a tenant in North Dakota?
   Evictions can take as little as two weeks from notice to sheriff removal, but most cases take three to four weeks. Timelines depend on notice type, court dates, and how quickly each step is completed.
2. Can I fight an eviction in court?
   Yes. You have the right to attend the hearing, explain your situation, and present any evidence (such as rent receipts or proof you corrected the issue).
3. Do I have to move out as soon as I get a notice?
   No. You are not legally required to move out until after the court orders your eviction and a Writ of Restitution is issued.
4. What happens to my belongings if I am evicted?
   If law enforcement removes you, your belongings will generally be stored for up to 28 days, but you may be charged for storage or moving costs. Retrieve belongings quickly and contact the sheriff for details.
5. Where can I get free legal help with eviction?
   Contact Legal Services of North Dakota or call the court self-help center for assistance and referrals (resources listed below).

Need Help? Resources for Renters

• North Dakota Courts Eviction Self-Help Center: Guides and forms for tenants and landlords
• Legal Services of North Dakota: Free civil legal help for low-income tenants (phone: 1-800-634-5263)
• North Dakota Department of Labor & Human Rights—Tenant Rights
• Find your local North Dakota District Court

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant
2. North Dakota Century Code Chapter 33-06: Forcible Detainer (Eviction)
3. North Dakota Courts Eviction Self-Help Center

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