How to Evict a Roommate Not on the Lease in North Dakota

Dealing with a roommate who isn’t on your lease can be challenging, especially when living situations become difficult. In North Dakota, renters sometimes find they need to formally evict a roommate who is not officially named on the lease, whether due to conflict, nonpayment, or other reasons. Understanding the correct legal procedures keeps you protected and helps avoid bigger problems.

Understanding Your Rights and Roommate Status

In North Dakota, if your roommate is not listed on the lease, they are typically considered an 'unauthorized occupant' or, in some situations, a subtenant. The process for removing them is different than removing a co-tenant who is on the lease and may require you, as the legal tenant or sublessor, to act as the 'landlord' for eviction purposes.

Does Your Lease Allow Subletting or Roommates?

First, check your lease agreement. Some North Dakota leases prohibit unauthorized occupants or require the landlord’s approval for subtenants. If your roommate is not listed, you may need to inform your landlord. Failure to do so can lead to lease violations for both parties.

Eviction Steps for Roommates Not on the Lease in North Dakota

If your roommate refuses to leave voluntarily, you must follow North Dakota eviction procedures under the North Dakota Century Code Title 47, Chapter 32-2 – Forcible Entry and Detainer¹. You cannot simply lock your roommate out or remove their belongings—doing so can be illegal.

• Give Written Notice: North Dakota law generally requires you to serve a 3-Day Notice to Quit (Unlawful Detainer) if your roommate refuses to leave after being asked.
• If They Don’t Leave: After the notice period, you must file an eviction action in your local district court.
• Attend Court: The court will set a hearing date. You will need to present evidence (your lease, your notice, any communication with your roommate).
• If the Court Sides with You: The judge will issue a Writ of Restitution, allowing law enforcement to remove the roommate if necessary.

Official Forms You May Need

• Eviction Summons and Complaint (Forcible Detainer)
  When to Use: Officially begin the eviction case after the 3-day notice period expires.
  How to Use: File with the appropriate North Dakota District Court. You act as the 'landlord' seeking removal of the occupant.
  North Dakota Eviction Forms and Instructions
• 3-Day Notice to Quit (Unlawful Detainer)
  When to Use: To notify your roommate they must leave within three days or face eviction.
  How to Use: Serve this notice in writing, preferably with a witness. Keep a copy for court.
  Download Official 3-Day Notice
• Writ of Restitution
  When to Use: If the court grants an eviction order and the roommate still won’t leave.
  How to Use: Present to the sheriff or local law enforcement. They will carry out the eviction.
  North Dakota Courts System

Understanding the Legal Board and Legislation

All residential eviction matters in the state are handled through the North Dakota District Court. For legal details, refer to North Dakota Century Code Chapter 47-32, which covers eviction (forcible detainer) and tenant rights^1,2.

Important Reminders for Renters

• Never attempt to "self-evict" your roommate (no changing locks or disposing of their property).
• Retain all written notices and records of communication.
• If conflicts escalate, consider mediation before legal steps.

Frequently Asked Questions

1. Can I remove my roommate’s belongings if they refuse to leave?
   No. In North Dakota, you cannot move, withhold, or dispose of a roommate’s belongings without a court order. Doing so could expose you to legal liability.
2. Does my landlord need to be involved if the roommate isn't on the lease?
   Your landlord may need to know about all occupants per your lease terms. If your roommate’s presence violates the lease, your landlord could become involved or even start their own eviction process.
3. How long does it take to evict a roommate not on the lease?
   Timelines vary but generally, after serving the 3-day notice, the court process may take 1–2 weeks or longer, depending on scheduling and legal complexity.
4. Do I have to pay court fees to file an eviction?
   Yes, filing an eviction case in North Dakota District Court comes with fees. Ask for a fee waiver if you qualify for low income assistance.
5. What happens if my roommate leaves property behind after eviction?
   North Dakota law requires you to follow proper procedures for abandoned property. Contact your local court or review resources for handling left-behind belongings.

Key Takeaways for Renters

• Evicting a roommate not on the lease in North Dakota requires official court proceedings—you cannot remove them yourself.
• Always serve a proper 3-day notice and use official court forms.
• Get assistance from the North Dakota courts and consult official guides to stay within the law.

Need Help? Resources for Renters

• North Dakota Courts Landlord/Tenant Self-Help Center – Official forms and how-to guides
• North Dakota Century Code – Forcible Entry and Detainer (Chapter 47-32)
• North Dakota Judicial System – Locate your district court for filing and assistance
• Legal Services of North Dakota – Free and low-cost legal help for eligible residents

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1. North Dakota Century Code Chapter 47-32 – Forcible Entry and Detainer Laws
2. North Dakota Courts Landlord/Tenant Self-Help Center – Official Eviction Process and Forms

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