North Dakota Eviction Notice
North Dakota eviction notice: the 3-day Notice of Intention to Evict under NDCC 47-32-01, counted by calendar day. Free template. Attorney review available.
Introduction
North Dakota counts its eviction notice deadline differently than most states: every calendar day counts toward the 3 days, including Saturdays, Sundays, and state holidays, except that if the final day itself lands on one of those, the deadline pushes to the next day that doesn't. What follows on this page is the actual notice document a landlord fills out and serves, not a broader walkthrough of how North Dakota eviction law works: an eviction notice is a written notice a landlord serves to begin ending a tenancy for cause, before filing an eviction action in district court (North Dakota's statute calls the court action an "eviction," not an "unlawful detainer"). The notice structure is two-track. Nonpayment of rent gets a 3-day notice that works as a pay-or-vacate demand: pay the full amount within the deadline and, if the landlord accepts it, the eviction stops. Every other ground, holding over after the lease ends, a material lease violation, disturbing other tenants, or wrongfully remaining after a property sale, gets the same 3-day notice, but that notice is vacate-only, with no formal right to fix the problem and keep the tenancy. North Dakota Century Code Chapter 47-32 governs the notice. There's no mandatory government form: the state courts' own self-help templates "aren't official court forms and courts aren't required to accept them." Serve the wrong day count or skip the notice, and the case can be dismissed before it starts.
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Key Things to Know
- 1
An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an eviction action in district court.
- 2
North Dakota's day count is unusual: count every calendar day, including Saturdays, Sundays, and state holidays, and don't count the day of service. If the last day of the 3-day period is a Saturday, Sunday, or state holiday, the period runs through the end of the next day that isn't. (North Dakota Courts Legal Self Help Center, eviction guide for tenants)
- 3
Nonpayment of rent gets a 3-day notice. If the tenant pays the full amount within the deadline and the landlord accepts the payment, the landlord cannot continue the eviction for that nonpayment. (North Dakota Century Code Section 47-32-01, subsection 4; Section 47-32-02)
- 4
Every other ground, holdover after the lease term, a material lease violation, unreasonably disturbing other tenants, or wrongfully remaining after a property sale or partition, gets the same 3-day notice, but that notice is vacate-only. Neither the statute nor the state's own notice form offers a formal right to fix the problem and keep the tenancy for these grounds. (North Dakota Century Code Section 47-32-01, subsections 5 through 8; Section 47-32-02)
- 5
The governing law is North Dakota Century Code Chapter 47-32, titled "Eviction," together with Section 47-16-15 for ending a month-to-month tenancy without cause.
- 6
The notice may be served the same way a summons is served (personal service), or, if the party can't be found, posted conspicuously on the premises by the sheriff of the county or a process server. (North Dakota Century Code Section 47-32-02)
- 7
There's no state-mandated form for the notice itself. The North Dakota Courts Legal Self Help Center publishes two non-mandatory templates, one for nonpayment and one for other grounds, but its own site says these "aren't official court forms and courts aren't required to accept them." The statute requires only that the notice be in writing. (North Dakota Century Code Section 47-32-02)
Key decisions before you file
Before you file a Eviction Notice in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
Open the Eviction Notice guideCustomize your Eviction Notice Template with DocDraft
North Dakota Requirements for Eviction Notice
Notice Period for Nonpayment of Rent (North Dakota Century Code Section 47-32-01, subsection 4; Section 47-32-02)
3-day written notice of intention to evict. The tenant may pay the full amount due within the 3 days, and if the landlord accepts the payment, the landlord cannot continue the eviction for that nonpayment.
Service of Notice Requirements (North Dakota Century Code Section 47-32-02)
The notice may be served the same way a summons is served and returned (personal service), or, if the party cannot be found, by the sheriff of the county or a process server posting the notice conspicuously upon the premises.
No Prescribed Form, Minimal Statutory Content (North Dakota Century Code Section 47-32-02; North Dakota Courts Legal Self Help Center)
No government-mandated notice form exists. The North Dakota Courts' own templates state they "aren't official court forms and courts aren't required to accept them." The statute requires only that the notice be in writing and given at least 3 days before filing.
Governing Eviction Statute (North Dakota Century Code Chapter 47-32)
Titled "Eviction," this chapter is the statutory basis for every notice type and ground on this page and the court process that follows if the tenant does not comply.
Notice Period for Other Eviction Grounds, No Statutory Cure (North Dakota Century Code Section 47-32-01, subsections 5 through 8; Section 47-32-02)
3-day notice for holdover, wrongfully remaining after a property sale or partition, disturbing other tenants, or a material lease violation. Neither the statute nor the state's own notice form offers a formal right to fix the problem and keep the tenancy for these grounds; the notice requires the tenant to vacate.
Notice Day-Count Computation (North Dakota Century Code Section 47-32-02; North Dakota Courts Legal Self Help Center)
Count every calendar day, including Saturdays, Sundays, and state holidays, and don't count the day of service. If the last day of the period is a Saturday, Sunday, or state holiday, the period runs through the end of the next day that isn't.
No-Cause / End-of-Term Termination Notice Period (North Dakota Century Code Section 47-16-15)
Distinct from the 3-day for-cause notices above: ending a month-to-month tenancy without cause requires at least one calendar month's written notice, and ending a lease with an unspecified term requires notice at least as long as the term of the hiring itself, capped at one calendar month.