Housing & Tenant · Eviction Notice
Eviction Notice in North Dakota
How many days of written notice a landlord must give before filing an eviction in North Dakota, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in North Dakota
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in North Dakota | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 days | The ground does not exist until the tenant fails to pay rent for three days after it is due (N.D.C.C. 47-32-01). Only then does the three-day written notice of intention to evict start, so the real window from the due date is roughly six days. |
| Certain listed grounds (subsections 4, 5, 6 and 8) | 3 days | For the grounds in subsections 4, 5, 6 and 8 of the eviction statute, three days written notice of intention to evict must be given before proceedings can be started (N.D.C.C. 47-32-02). The notice requirement is tied to those subsections rather than applying across the board. |
| Holding over after the lease term expires | None stated in this section | Holding over after the lease term is a ground under N.D.C.C. 47-32-01, but the section read does not attach a notice period to it. The periodic-tenancy notice rule sits in a separate section of the code. |
| After the notice | Court | North Dakota calls the document a notice of intention to evict rather than a notice to quit, and the notice requirement is tied to specific subsections rather than every ground. An eviction action follows. Only a court can order a tenant removed. |
| Statute | N.D. Cent. Code §47-32-02; §47-32-01 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in North Dakota. This is legal information, not legal advice.
- Count both three-day periods
North Dakota stacks two clocks for rent. The rent has to be three days late before the landlord even has a ground, and only then does the three-day notice of intention to evict run. So you usually have around six days from the due date.
- Pay within the notice period
Paying the overdue rent within the three-day notice period can keep the tenancy. Keep proof of what you paid and when, because the timing turns on when the rent was due and when the notice was served.
- Respond to the eviction case
If you do not resolve it, the landlord files an eviction action and you are served with a court date. Appear with your lease, receipts, and any messages. A tenant who does not show up can lose by default.
- Get local legal help
A local North Dakota legal aid office can explain the notice of intention to evict and confirm the notice period for a no-cause end of your tenancy, which sits in a separate section. Search for legal aid in your area and act early.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What North Dakota renters get wrong
North Dakota stacks two separate three-day periods that most summaries collapse into one. Rent has to be three days late before the landlord even has a ground to act on, and only then does the three-day notice of intention to evict start running (N.D.C.C. 47-32-01 and 47-32-02). That means the real window from the due date is closer to six days than three. The other unusual feature is that the notice requirement does not attach to every ground. It is tied by number to particular subsections of the eviction statute, so which subsection the landlord relies on decides whether any advance notice is owed at all. North Dakota also uses its own label, calling the document a notice of intention to evict rather than a notice to quit, which is worth knowing when searching for the rule. The notice period for a no-cause end of a periodic tenancy sits in a separate section of the code and is not set inside these eviction provisions. After the notice, an eviction action follows, and only a court can order a tenant out.
Common questions
Is a North Dakota eviction notice three days or six?
What is a notice of intention to evict in North Dakota?
It is North Dakota label for the pre-eviction notice, equivalent to a notice to quit in other states. N.D.C.C. 47-32-02 requires three days written notice of intention to evict before proceedings can be instituted on the grounds it covers.
Do all eviction grounds require notice in North Dakota?
No. The three-day notice requirement in N.D.C.C. 47-32-02 is tied to specific subsections of the eviction statute rather than applying to every ground. Which subsection the landlord uses decides whether advance notice is owed, so the ground pleaded matters.
How much notice ends a month-to-month tenancy in North Dakota?
That figure sits in a separate periodic-tenancy section of the North Dakota code rather than in the eviction statute covered here. Because it is set elsewhere, confirm the current period with a local legal aid office before relying on a specific number.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.