How to Delay Sheriff Lockout During Eviction Appeals in North Dakota

Facing an eviction can be overwhelming, but if you live in North Dakota, you have rights and options even after a court orders your eviction. This guide walks renters through delaying a sheriff’s lockout by appealing the eviction order, including how to use the correct legal forms and what to expect from the process.

Understanding the Sheriff Lockout in North Dakota

If a landlord wins an eviction case (called an "unlawful detainer" in North Dakota), the court may order you to leave the property. If you do not leave, the local sheriff can physically remove you and your belongings. This process is called a "sheriff’s lockout" and is typically carried out after the court issues a Writ of Restitution, which gives the sheriff authority to evict.

However, renters have the right to appeal the eviction judgment, and under certain circumstances, this can delay or "stay" the lockout.

Appealing an Eviction to Stay the Sheriff Lockout

An appeal is a legal request to have a higher court review the eviction decision. Filing an appeal in time can delay enforcement of the lockout while the appeal is considered. In North Dakota, appeals from eviction cases are handled by district courts and governed by specific timelines and forms.

Key North Dakota Eviction Appeal Forms

• Notice of Appeal (ND Courts Form: Eviction Appeal Packet):
  Use this form to officially notify the court and your landlord that you are appealing the eviction order. You must file it within five (5) days of the judgment. Access the Notice of Appeal form and instructions on the North Dakota Courts' official website.
  Example: If the court issued the eviction judgment on June 1, you must file your appeal by June 6.
• Supersedeas Bond:
  A "supersedeas bond" is a guarantee (cash or surety) you may need to provide to stay (delay) the sheriff’s lockout during the appeal. The court decides if and in what amount a bond is required. If granted, the bond "supersedes" (puts on hold) enforcement of the judgment pending appeal. The North Dakota Supreme Court provides guidance and sample documents related to bonds.
  Be sure to ask the judge if you must post a bond and in what amount. Without a bond, filing an appeal may not automatically delay the sheriff lockout.

How the Stay Works

Filing both your Notice of Appeal and (if ordered) a supersedeas bond can "stay" the sheriff's eviction while your appeal is pending. If you do not meet all requirements, or miss deadlines, the lockout can proceed. Action is required immediately after the court's judgment, so don’t delay if you wish to appeal!

What Tribunal Handles Eviction Appeals?

Eviction cases and appeals are handled by the North Dakota District Court system. For detailed resources, forms, and guides, visit the North Dakota Legal Self Help: Landlord/Tenant page.

Relevant Legislation for North Dakota Renters

Your rights in these cases are governed by the North Dakota Century Code, Chapter 47-32: Forcible Entry and Detainer (Eviction)¹. This law spells out the eviction process—including appeals and stays.

Step-by-Step: How to File an Eviction Appeal in North Dakota

Quick summary: Appeals must be filed fast — within 5 days after judgment! Here’s how:

• Get a Notice of Appeal form from the ND Courts Legal Self Help website.
• Complete the Notice of Appeal and submit it to the district court where your eviction was decided.
• Serve (officially deliver) a copy of the appeal to your landlord (or their attorney).
• Ask the court if you must also file a supersedeas bond to delay the lockout.
• If a bond is ordered, post it as directed. The lockout is stayed only if you comply fully.
• Wait for the appeal to be scheduled and decided by the higher court.

FAQ: Sheriff Lockouts and Appeals in North Dakota

1. How quickly must I file an appeal to stop the lockout?
   You must file your Notice of Appeal within five (5) days of the eviction judgment. Missing this deadline means you may lose your right to delay the sheriff lockout.
2. Does filing an appeal automatically stop the sheriff’s lockout?
   Not always. The court may require you to post a supersedeas bond first. Without meeting all requirements, the lockout may still proceed.
3. Where do I find the appeal forms and detailed instructions?
   Official forms and guides are available on the North Dakota Legal Self Help: Landlord/Tenant site.
4. What is a supersedeas bond, and do I have to pay one?
   A supersedeas bond is money (or a guarantee) held by the court during your appeal. Judges decide if this is required. Ask your court when you file your appeal.
5. Who can I contact for help if I can't afford the bond or need legal assistance?
   Reach out to Legal Services of North Dakota or your local district court for help and further guidance.

Conclusion: Key Takeaways for North Dakota Renters

• Appealing an eviction can delay a sheriff’s lockout, but fast action is essential—file within 5 days.
• Filing may require a supersedeas bond for the sheriff’s lockout to be stopped.
• All official forms and steps are offered by the North Dakota Legal Self Help website and district courts.

Need Help? Resources for Renters

• North Dakota Courts: Landlord & Tenant Self-Help — Official forms, guides, and legal information
• North Dakota District Courts — Find local court contact details and filing info
• Legal Services of North Dakota — Free/low-cost civil legal help for qualifying renters
• For housing emergencies or referrals, contact North Dakota Housing Needs Resources

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1. North Dakota Century Code, Chapter 47-32: Forcible Entry and Detainer (Eviction)
2. North Dakota Courts: Landlord & Tenant Legal Self Help – Appeals
3. North Dakota District Courts

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