Overview of Eviction
Eviction is an accelerated, or sped up, civil legal action to determine the right to possess the property. The eviction legal action takes place in North Dakota state district court.
North Dakota eviction law strictly limits the ability to combine eviction with other claims related to the lease agreement.
In North Dakota, a landlord may evict a tenant for one or more of the eight grounds (reasons) for eviction allowed by North Dakota state law.
The eight grounds (reasons) for eviction are:
- A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same.
- A party, after peaceably entering upon real property, turns out by force, threats, or menacing conduct the party in possession.
- A party, by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the possession was acquired peaceably or otherwise.
- A lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the lessee's term, or fails to pay rent for three days after the rent is due.
- A party continues in possession after a sale of the real property under mortgage, execution, order, or any judicial process and after the expiration of the time fixed by law for redemption, or after the execution and delivery of a deed, or after the cancellation and termination of any contract for deed, bond for deed, or other instrument for the future conveyance of real estate or equity in the real estate.
- A party continues wrongfully in possession after a judgment in partition or after a sale under an order or decree of a district court.
- A lessee or a person on the premises with the lessee's consent acts in a manner that unreasonably disturbs other tenants' peaceful enjoyment of the premises.
- The lessee violates a material term of the written lease agreement between the lessor and lessee.
IMPORTANT! If the property is part of a legal entity, such as a business, a corporation or a limited liability company, STOP! YOU CANNOT USE THESE FORMS! Only a lawyer licensed to practice in North Dakota can represent a legal entity in an eviction.
Non-lawyers ARE NOT allowed to represent legal entities in evictions. Legal documents signed by non-lawyer agents of a legal entity are considered void. (See Wetzel v. Schlenvogt, 2005 ND 190; and State ex rel. Department of Labor v. Riemers, 2008 ND 191.)
- Contact the State Bar Association of North Dakota Lawyer Referral Service at (866) 450-9579.
- A list of all lawyers licensed to practice in North Dakota is available at ndcourts.gov/lawyers.
- Notice to Evict (Form 1a)
- Notice to Evict (Form 1b)
- Eviction Summons
- Eviction Complaint
- Findings of Fact, Conclusions of Law, Order
- Eviction Judgment
- Affidavit of Identification
- Statement of Costs & Disbursements
- Writ of Eviction Clerk of Court Signature
- Writ of Eviction Judicial Signature
Selected Statutes (Laws) & Rules
Following are legal research starting points related to Evictions. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website.
Following are other resources related to eviction that may be of interest.
- Legal Services of North Dakota Housing, Landlord/Tenant and Eviction Education Materials
- North Dakota Department of Labor – Human Rights Division
- North Dakota Office of the Attorney General Consumer Resources
- North Dakota Vulnerable Adult Protective Services (VAPS)
- S. Department of Housing and Urban Development (HUD)
- Legal Research Resources for Eviction (Flickertale, February 2020, Pages 12-13)
If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.
If you have a question relating to a case that is already filed please contact the clerk of court for the county.