The eviction process in North Dakota has specific steps every landlord must follow to stay compliant with state law. In 2025, new record-sealing protections add another layer of regulation, making it essential to understand your rights and obligations.
This guide by LeaseRunner breaks down the legal grounds for eviction, notice requirements, timelines, required documents, and proven tips to help landlords navigate the process efficiently.
Eviction Record Sealing Protections in North Dakota (2025)
Beyond the new sealing protections, landlords need to be clear on the fundamental rules that govern the eviction process in North Dakota. Having a legally sound reason is the bedrock of any successful eviction.
What is this law?
In 2025, North Dakota enacted new legislation that allows for the sealing of eviction records under specific conditions.
This law, which adds a new section to Chapter 47-32 of the North Dakota Century Code, is a significant change to the eviction process in North Dakota. Previously, all eviction filings, regardless of the outcome, were part of the public record. The new law provides a mechanism for a tenant to petition the court to make these records confidential.
Purpose & Conditions of the Law
The main goal of this law is to give tenants a fair chance at securing future rental property without being permanently penalized for a single dispute or temporary financial hardship.
For a tenant who faced a Judgment for non-payment of rent or property damage, they can apply to have their record sealed seven years after satisfying all claims, as long as they have not been evicted again during that period. Record sealing is generally allowed when:
- The case was dismissed or ruled in the tenant’s favor.
- The eviction resulted from short-term rent payment issues that were later resolved.
- The tenant complied with a settlement or court procedure before a final judgment.
However, not all cases qualify. For example, serious lease violations such as property damage or repeated non-payment may remain part of the public record. Landlord rights are still protected, as they can present documented evidence during legal procedures to oppose a sealing request if it impacts future rental decisions.
Impact on landlords & tenants
This new tenant protection has a direct impact on both parties. For tenants, it offers a pathway to move on from a difficult period, improving their chances of finding future housing. This is particularly important since an eviction filing, even if the tenant won, could previously act as a “scarlet letter" in tenant screening.
For landlords, the law means that some eviction history may no longer be visible during a standard background check. This could make it more challenging to conduct a comprehensive screening and understand a potential tenant's full rental history. However, it's also a recognition that not all evictions are the result of a deliberate lease violation, and sometimes other factors are at play.
Legal Grounds for Evicting Tenants in North Dakota
To legally initiate the eviction process in North Dakota, a landlord must have a justifiable reason recognized under state eviction laws. Understanding these grounds is an essential first step, as starting without a valid legal reason can result in delays, extra costs, or even case dismissal in court.
1. Non-payment of Rent
If a tenant fails to pay rent on time, the landlord has the right to begin the eviction process. The landlord must provide a 3-day Notice to Pay or Quit, which gives the tenant three days to either pay the overdue rent in full or move out of the rental property.
2. Lease Violations
A tenant can be evicted for a significant breach of the lease agreement. This could include having unauthorized pets, allowing unapproved occupants to live in the unit, or causing damage to the property beyond normal wear and tear.
Under North Dakota law, the landlord can serve a 3-day Notice to Quit without giving the tenant an opportunity to fix the violation. This highlights the importance of a clear and detailed lease agreement that protects landlord rights.
For situations where a tenant leaves before the lease ends, landlords should understand the rules for breaking a lease in North Dakota to handle the process lawfully.
3. Illegal Activity
If a tenant or their guests engage in illegal activities on the premises, such as drug use or violence, a landlord can move to evict. This is considered a serious breach of the rental agreement and can be addressed with a 3-day Notice to Quit. Evidence like police reports or witness statements are crucial in a court proceeding for an unlawful detainer.
4. End of Lease Term
In some cases, a landlord may simply choose not to renew a lease. For a month-to-month tenancy, the landlord can terminate the agreement for any reason by giving the tenant a 30-day Notice to Quit. This allows the landlord to regain possession of the rental property at the end of the term, provided the proper notice is given.
Serving an Eviction Notice in North Dakota
Properly serving an eviction notice is a crucial first step in the eviction process in North Dakota. Failure to follow the specific legal procedures for service can cause significant delays or even lead to the dismissal of your case.
1. Choose the Correct Notice
The type of notice you serve depends on the reason for the eviction. You must use the appropriate form and wait for the specified notice period to expire before taking any further action.
- 3-Day Notice to Pay or Quit: This is for a tenant who has failed to make a Rent Payment. It gives them three days to either pay the overdue rent or move out of the property.
- 3-Day Notice to Quit: This is for a Lease Violation, illegal activity, or a sale of the rental property where the new owner does not wish to continue the tenancy.
- 30-Day Notice to Quit: This is used to terminate a month-to-month lease.
2. Deliver the Notice Properly
North Dakota law provides specific methods for serving an eviction notice. To ensure the notice is legally valid, you must use one of these methods:
- Personal Service: The most reliable method is to hand the notice directly to the tenant.
- Substitute Service: If the tenant is not available, the notice can be delivered to a person at least 12 years of age who resides at the rental property.
- Posting and Mailing: If personal and substitute service fail after a reasonable effort, you can post the notice in a conspicuous place on the property (e.g., the front door) and mail a copy to the tenant's last known address.
3. Document the Service
Regardless of the method used, it is essential for the landlord to meticulously document how and when the notice was served. This proof of service will be a key piece of evidence in any subsequent court hearing. Take photos of the posted notice, note the date and time of delivery, and consider having a witness present or using certified mail for added verification.
Step-by-Step Eviction Process in North Dakota
The eviction process in North Dakota follows a specific legal framework that both landlords and tenants must understand. Failing to follow the steps correctly can delay the case or even result in dismissal under state eviction laws.
Step 1: Review the Lease and State Laws
Before taking any action, a landlord should review the rental agreement and ensure the reason for eviction is valid under North Dakota eviction laws. This helps protect landlord rights and prevents disputes over whether the eviction is justified.
Step 2: Serve the Proper Eviction Notice
Provide the tenant with the correct type of written notice based on the violation or issue. Notices must follow legal requirements regarding content, delivery method, and timing to comply with tenant protections.
Step 3: Wait for the Notice Period to Expire
Landlords must give tenants the legally required time to respond, fix the violation, or vacate the property. Acting too soon can violate tenant rights and cause the court to reject the case.
Step 4: File an Eviction Lawsuit
If the tenant does not comply with the notice, the landlord can file an unlawful detainer action in the appropriate court. At this stage, accurate documentation and compliance with all legal procedures are crucial.
Step 5: Attend the Court Hearing
Both the landlord and tenant present their evidence before a judge. The court will review the facts, listen to testimony, and issue a judgment either granting or denying the eviction. Parties may bring attorneys or seek legal aid for representation.
Step 6: Obtain a Writ of Possession
If the landlord wins, the court will issue a writ of possession, allowing law enforcement to remove the tenant if they have not left voluntarily. This step ensures the landlord can legally regain possession of the property.
Step 7: Regain the Property and Settle Remaining Issues
Once the tenant vacates, the landlord can assess any damages, apply the security deposit as permitted, and make the property ready for re-renting. Tenants should retrieve their belongings promptly to avoid additional disputes.
North Dakota Eviction Timeline and Costs
The eviction process in North Dakota can vary depending on the case details, compliance with eviction laws, and whether delays occur.
Required Documents for a North Dakota Eviction
Having the right paperwork is essential to keep the eviction process in North Dakota on track. Missing or incomplete documents can cause delays, increase costs, or even result in case dismissal. Below are the key documents landlords should prepare before starting and throughout the eviction.
1. Lease Agreement
A signed lease agreement outlines the terms and conditions between the landlord and tenant. This document is crucial for proving lease violations, rent terms, and other agreed-upon rules.
In some cases, if pets are involved in a lease dispute, having photos, written complaints, or vet records can strengthen your case, and reviewing North Dakota pet laws ensures you follow proper legal steps.
2. Written Eviction Notice
This is the official notice informing the tenant of the violation or reason for eviction. It must include the specific issue, the time allowed to correct it (if applicable), and the date by which the tenant must vacate the property.
3. Proof of Notice Delivery
Landlords should keep evidence showing that the eviction notice was properly served. This can include certified mail receipts, process server affidavits, or signed acknowledgments from the tenant.
4. Complaint for Eviction and Summons
These are the legal forms that officially initiate the lawsuit. The Complaint for Eviction explains to the court why you are evicting the tenant, and the Summons is the formal notification that a legal action has been filed against them. These documents must be filed with the district court in the correct county.
5. Writ of Possession
If the landlord wins in court, this document authorizes law enforcement to remove the tenant from the property. It is issued after the judgment and is necessary to legally regain possession of the unit.
6. Evidence of Violations
Depending on the reason for the eviction, you must have evidence to support your claim. For non-payment of rent, this would include a detailed rent ledger showing all payments and a running balance. For a lease violation, this could be photos of damage, copies of written warnings, or other relevant correspondence.
5 Tips for Landlords to Avoid Eviction Delays in North Dakota
The eviction process in North Dakota can already take weeks, and any misstep may extend the timeline further. Here are practical ways landlords can keep things moving efficiently and lawfully.
1. Keep Detailed Records from Day One
Maintain organized documentation of rent payments, maintenance requests, lease terms, and communication with the tenant. This ensures you have strong evidence ready if a dispute reaches court.
2. Serve the Correct Notice the First Time
Sending the wrong type of eviction notice or failing to meet delivery requirements can cause a judge to dismiss your case. Always double-check notice content, delivery method, and timelines before serving.
3. Create a Solid Lease Agreement
A clear and well-drafted lease should explicitly state the terms of the tenancy. It includes the rent due date, consequences for late payments, rules about property maintenance, and a detailed list of what constitutes a Lease Violation. Ambiguous language can be exploited by a tenant in court, leading to delays.
4. Screen the History to Minimize Risk
Before signing a lease, landlords can minimize the risk of future problems by checking the eviction history. To utilize the process, consider using services like LeaseRunner to conduct thorough background and credit checks. This helps identify applicants with histories of non-payment or serious lease violations.
5. Follow the Legal Process
Never resort to "self-help" eviction methods like changing locks or shutting off utilities. These actions are illegal and can lead to a lawsuit from the tenant. The only way to legally regain possession of your property is to follow the entire eviction process in North Dakota to the letter, from notice to sheriff-enforced removal.
Conclusion
The eviction process in North Dakota is a legal journey that requires landlords to be knowledgeable, meticulous, and patient. From understanding the new eviction record sealing laws to meticulously documenting every step, following the correct procedures is paramount.
Tools like LeaseRunner can help landlords reduce the risk of problematic tenancies from the start by providing thorough screening and legal resources. Whether you’re addressing any cause, staying informed and organized is the best way to avoid costly delays and achieve a fair resolution.
FAQs
1. How long does the eviction process in North Dakota usually take?
On average, the process takes 3–8 weeks, depending on the reason for eviction, court scheduling, and whether the tenant contests the case.
2. Can a tenant stop an eviction by paying overdue rent?
In many cases involving non-payment, if the tenant pays the full amount within the notice period, the landlord must stop the eviction. However, this doesn’t apply if the eviction is for other lease violations.
3. Do landlords need a lawyer for eviction in North Dakota?
While it’s not legally required, many landlords choose to work with an attorney or seek legal aid to avoid mistakes and ensure compliance with all legal procedures.
4. How much notice do I have to give a tenant to move out?
The required notice period depends on the reason for the eviction. For non-payment of rent or a lease violation, a 3-day Notice to Pay or Quit is required. For the termination of a month-to-month lease, a 30-day Notice to Quit is necessary.
5. Are eviction records public in North Dakota?
Yes, eviction records are generally public, but under the 2025 record-sealing protections, certain cases may be sealed if they meet specific legal conditions.
