North Dakota Notice to Vacate: 2026 Landlord Rules & 3-Day Notice of Intention to Evict

For the grounds listed in subsections 4, 5, 6, and 8 of N.D.C.C. 47-32-01, the landlord must give three days written notice of intention to evict under 47-32-02 before proceedings can be instituted. Those grounds include holdover, failure to pay rent for three days after it is due, post-sale possession, and a material lease violation. This 3-day notice of intention to evict is separate from the periodic-tenancy termination notice. Ending a month-to-month tenancy requires at least one calendar month's written notice under 47-16-15(2).

Yes. Under N.D.C.C. 47-16-15(2), the one-calendar-month default applies unless the parties have agreed in writing to a longer period or a different notice time, so the executed lease can override the statutory baseline. A landlord who changes the terms of the lease must give written notice at least 30 days before the expiration of the month under 47-16-07, and the tenant may then end the arrangement at the end of the month by giving at least twenty-five days notice under 47-16-15(3). Rent stays due and payable to and including the date the arrangement ends, so a tenant should pull the lease to confirm which period actually controls.

The federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, lets a servicemember terminate a residential lease at the servicemember's option after entry into military service or after receiving qualifying military orders, such as orders for a permanent change of station or to deploy for a period of not less than 90 days, or a stop movement order. North Dakota Title 47 contains no separate state servicemember early-lease-termination statute, so the federal SCRA controls. A landlord who receives an SCRA termination notice should verify the orders before proceeding with notice to vacate or eviction. Always consult the official text of the federal Servicemembers Civil Relief Act for the most current language.

The 3-day notice of intention to evict under N.D.C.C. 47-32-02 must be written, must state the intention to evict, must be given to the lessee, subtenant, or party in possession, and must be served before the eviction proceeding is instituted. A periodic-tenancy termination must meet the one-calendar-month requirement of 47-16-15. A notice that does not meet the applicable content, timing, or service requirements can expose the eviction action to challenge and may require the landlord to re-serve and start over. Because North Dakota does not statutorily mandate a specific notice form, a landlord should confirm the notice matches the controlling statute and keep proof of service.

Yes, in two situations under N.D.C.C. 47-32-05. A person subject to a court order for eviction for nonpayment of rent or damage to the leased premises, who has resolved all nonpayment and damage claims, may move to have all court records relating to the eviction proceedings sealed seven years after the order has been satisfied, provided the person has not been evicted from another property during those seven years. Separately, an individual who was subjected to domestic violence at the time of the tenancy and was evicted because of a domestic-violence incident may move to seal upon the conviction of the assailant or the issuance of a restraining or protection order against the assailant.

Possibly, for a short period. Under N.D.C.C. 47-32-04, upon a showing by the defendant that immediate restitution of the premises would work a substantial hardship on the defendant or the defendant's family, except in cases in which the eviction judgment is based in whole or in part on a disturbance of the peace, the court may stay the special execution for a reasonable period not to exceed five days. This hardship stay is discretionary with the court and is not available where the judgment rests on a disturbance of the peace.

Yes. Under N.D.C.C. 47-32-01.1, during an eviction proceeding against a tenant of a mobile home park, the tenant may present a defense that the landlord violated a provision of section 47-10-28. If the court finds the landlord violated that section, the court may not order an eviction. A landlord pursuing an eviction against a mobile home park tenant should confirm compliance with 47-10-28 before filing.