Facing Eviction in North Dakota: What Can I Do?
This page covers eviction in North Dakota. It covers the reasons a landlord can bring an eviction case, the notice, the court date, and what happens at the end of the case. It also covers ending a month-to-month rental and sealing eviction records.
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A North Dakota landlord can bring an eviction case when a renter holds over after the lease ends. A landlord can also bring one when a renter fails to pay rent for 3 days after the rent is due.
✓ Sources checked October 2, 2026
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A North Dakota landlord can bring an eviction case when a renter breaks a material term of the written lease. A material term is an important term.
✓ Sources checked October 3, 2026
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A North Dakota landlord can bring an eviction case over a renter's conduct. The conduct can be the renter's or that of a person with the renter's consent. It must disturb other tenants' peaceful enjoyment of the property in a way that is not reasonable.
✓ Sources checked October 2, 2026
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Among other cases, a landlord must first give 3 days' written notice of intention to evict (a notice that the landlord plans to evict you). This applies before an eviction case for holding over (staying after the lease ends), unpaid rent, or a broken material term of the written lease.
✓ Sources checked October 3, 2026
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In a month-to-month rental, either side can end it with at least one calendar month's written notice at any time. That holds unless the parties agreed in writing to a longer notice period or a different notice time.
✓ Sources checked October 2, 2026
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The summons (the court paper that tells the renter to appear) in an eviction case sets the court date. The date may not be fewer than 3 nor more than 15 days from the date the summons is issued.
✓ Sources checked October 2, 2026
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A summons handed to the renter in person within the county must be delivered at least 3 days before the court date. Service elsewhere, or personal service in any other mode, must be made at least 7 days before the court date.
✓ Sources checked October 2, 2026
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In an eviction case, a renter can bring a counterclaim (the renter's own claim against the landlord) only as a setoff (an amount taken off). It must answer a demand for rents and profits or for money for harm.
✓ Sources checked October 3, 2026
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In an eviction case against a tenant of a mobile home park, the tenant may present a defense that the landlord violated section 47-10-28. If the court finds a violation of section 47-10-28, the court may not order an eviction.
✓ Sources checked October 2, 2026
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If the court finds for the plaintiff (the landlord), it enters a judgment (the court's final decision in your case). The landlord gets the home back right away. If you show the order would cause you or your family substantial hardship, the court may delay it for up to 5 days. It will not delay it if the judgment rests partly on a disturbance of the peace.
✓ Sources checked October 3, 2026
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The court may pause the special execution (the order that carries out the eviction) for a reasonable period, not to exceed 5 days. The renter must show that moving out right away would work a substantial hardship on the renter or the renter's family. No pause is allowed if the eviction is based in whole or in part on a disturbance of the peace.
✓ Sources checked October 2, 2026
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A renter evicted according to law is liable for rent during the remainder of the term of the lease. The landlord has a duty to mitigate (to limit the loss).
✓ Sources checked October 3, 2026
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A renter under a court eviction order for unpaid rent or damage may ask to seal the eviction records (keep them from public view). The renter must have resolved all rent and damage claims. The renter may ask 7 years after the order has been satisfied. The renter must not have been evicted from another property in those 7 years.
✓ Sources checked October 2, 2026
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