How do I respond to an eviction notice in North Dakota?
In North Dakota, an eviction action can be based on several grounds, including failing to pay rent shortly after it is due or violating a material term of a lease. The tenant may have procedural responsibilities after getting a notice and may be able to raise certain defenses in court, depending on the situation. For tenants in mobile home parks, the law allows specific defenses if the landlord violated park rules or related statutes.
If a tenant is served with an eviction notice or a court filing, the tenant commonly informs the landlord and may deliver the notice to the landlord. The court will decide whether the landlord proved grounds for eviction, and a tenant may present defenses or facts the court should consider. In some cases the court may refuse to order eviction if certain statutory violations by the landlord are shown.
Current North Dakota law
Every answer cites the statute
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The deadline that matters
A landlord may base an eviction on rent unpaid three days after it is due.
What North Dakota law says
State law lists grounds for eviction including failure to pay rent three days after it is due and breaching material lease terms, under N.D.C.C. § 47-32-01. Tenants who receive notice of any proceeding to recover possession must inform and deliver the notice to their landlord, under N.D.C.C. § 47-16-25. For tenants in mobile home parks, a tenant may present a defense that the landlord violated certain mobile-home-park provisions, and if the court finds such a violation it may not order eviction, under N.D.C.C. § 47-32-01.1. The law also allows lease termination and possession procedures when premises have been closed as a nuisance under N.D.C.C. § 42-02-06.
What to do
A common first step is to read the notice carefully and note any deadlines and the stated reason for eviction.
A common step is to inform the landlord immediately of having received the notice and to deliver the notice to the landlord, as the statute discusses.
A common step is to gather documents that relate to the tenancy such as the lease, receipts for rent paid, and any written communications with the landlord.
A common option is to consider raising defenses the tenant believes apply, including statutory protections for mobile home park tenants if relevant.
A common step is to appear in court on the scheduled date and present any defenses or evidence the tenant wishes the judge to consider.
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Common questions
What counts as a legal reason for eviction in North Dakota?
State law lists several grounds, including failing to pay rent after it is due, holding over after lease end, materially violating a written lease, or disturbing other tenants, under N.D.C.C. § 47-32-01.
Do I have to tell my landlord if I get an eviction notice?
Yes, the statute states a tenant who receives notice of a proceeding to recover possession must inform the landlord immediately and deliver the notice to the landlord, under N.D.C.C. § 47-16-25.
Can a mobile home park tenant use special defenses?
A tenant in a mobile home park may present a defense that the landlord violated provisions of the mobile home park law, and if the court finds such a violation it may not order eviction, under N.D.C.C. § 47-32-01.1.
Is there a fixed time to pay late rent to avoid eviction?
One statutory ground for eviction is failure to pay rent for three days after it is due, listed in N.D.C.C. § 47-32-01.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
