What to Expect at Eviction Court as a North Dakota Tenant

If you’re a renter in North Dakota and your landlord has started the eviction process, the thought of going to court can be stressful. Understanding what to expect—and what rights you have—can give you more confidence as you prepare for your hearing. From legal notices to the day of eviction court, this guide walks you through the North Dakota eviction process, your rights, and available resources.

Who Handles Evictions in North Dakota?

Eviction cases (called "unlawful detainer actions") in North Dakota are handled by your local District Court. There is no separate landlord-tenant board; the courts manage all residential eviction proceedings under the North Dakota Century Code Chapter 47-32: Forcible Entry and Detainer.^[1]

Notice Requirements and The Start of an Eviction Case

Your landlord must give you proper written notice before filing for eviction in court. Notice requirements depend on the reason for eviction:

• Nonpayment of Rent: At least 3 days’ written notice, demanding payment or possession.
• Lease Violations: At least 3 days’ written notice to correct certain lease violations or move out.
• No Lease/End of Lease Term: At least 30 days’ written notice, generally for month-to-month tenants.

If you do not move out (or resolve the issue) after receiving notice, your landlord must file a formal eviction lawsuit at your county District Court.

Key Forms You Might Encounter

• Eviction (Unlawful Detainer) Complaint: Used by landlords to officially start the eviction court case. You’ll receive a copy from the court or a process server so you know when to appear in court.
  Example: If you get this after a notice, read it carefully for your court hearing date.
  Official eviction court forms and instructions
• Answer (Response to Complaint): Use this to respond to the landlord’s allegations. This is your chance to explain your side.
  Example: If you disagree with the landlord’s reasons, file an Answer before the hearing or bring it with you.
  Find Answer forms here
• Request for Continuance: If you cannot attend the scheduled court date, you can ask for a delay (continuance).
  Example: If you are in the hospital and can’t attend, complete this form and submit it quickly.
  Request for Continuance form and instructions

What Happens at the Eviction Hearing?

The eviction hearing is typically scheduled within a few days after the landlord files the complaint. Here’s what to expect:

• Both sides appear: You and your landlord will explain your sides to the judge.
• Bring evidence: Bring any documents (lease, receipts, written communication), photos, or witnesses that support your case.
• The judge decides: After hearing both parties, the judge usually makes a decision right away.

Possible Outcomes of the Hearing

Depending on the facts and evidence, the judge may:

• Order you to move out (issue a Writ of Restitution)
• Let you stay if the landlord didn’t follow proper procedures or you proved a legal defense

If the court orders you to move out, you may have only a short time (sometimes as little as 3 days) before the sheriff enforces the order. You can review the process and forms for appeals if you believe the decision was unfair.

Your Rights and Defenses as a Tenant

North Dakota law gives renters certain rights during eviction:

• The right to proper advance notice
• The right to appear and speak in court
• The right to present evidence and bring witnesses
• The right to appeal if you lose the case (within a limited time)
• Protection from illegal “self-help” evictions (landlords cannot change the locks or remove your belongings without a court order)

How to Respond if You are Facing Eviction

If you’ve been served with eviction papers, act quickly:

• Read all documents carefully for your hearing date and location
• Fill out and submit an Answer form if you disagree with the eviction
• Gather evidence, receipts, and witnesses for your defense
• Contact legal aid or tenant services if you need help

FAQ: North Dakota Eviction Court for Renters

1. What happens if I don't show up to my eviction hearing?
   If you miss your court date, the judge may rule in favor of your landlord, and you could lose your right to contest the eviction. Always attend your hearing or request a continuance if you cannot make it.
2. Can my landlord evict me without going to court in North Dakota?
   No. Landlords must file for eviction through the District Court and obtain a court order before you can legally be removed from your rental unit.
3. How much notice does my landlord have to give before eviction?
   At least 3 days’ written notice is required for nonpayment or certain lease violations; 30 days' written notice generally applies for ending a month-to-month tenancy.
4. Can I appeal an eviction ruling?
   Yes, you have the right to appeal, but you must file quickly—generally within a few days after judgment. Check with the court for the specific timeline and forms needed.
5. Am I responsible for rent after eviction is filed?
   Yes. You are typically responsible for rent owed up to the date you move out, even during the court process, unless the judge orders otherwise.

Key Takeaways for Tenants

• Evictions in North Dakota must go through the local District Court.
• You have legal rights to notice, a fair hearing, and to present your side.
• Act quickly after receiving eviction paperwork and seek help if you need it.

Need Help? Resources for Renters

• North Dakota Eviction Self-Help Center – Forms, instructions, and guides for tenants
• Legal Services of North Dakota – Free assistance for qualifying tenants
• County Social Services Offices – Potential emergency housing and referrals
• District Courts Locator – Find your local court
• For landlord-tenant laws, visit North Dakota Century Code Chapter 47-32

---

1. North Dakota Century Code Chapter 47-32: Forcible Entry and Detainer
2. ND Courts Eviction Self-Help Forms and Guidance

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations