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In North Dakota, evictions for nonpayment of rent are governed by N.D. Cent. Code §§ 47-32-01 through 47-32-04. Here’s the step-by-step process: Start a Summary Eviction (Unlawful Detainer) Action You file a Complaint in Unlawful Detainer in district court (in the county where the property is located). At the same time, you request a Summons. Forms are available at North Dakota Supreme Court website:
- Notice Of Intention to Evict: Demand For Rent Or Possession Of The Premises
- Notice of Intention to Evict
Service of Summons and Complaint The tenant must be served with the summons and complaint by a sheriff, process server, or another adult who is not a party to the case. Service must occur at least 3 days before the court hearing. Court Hearing The court schedules a quick hearing, often within 3–15 days. At the hearing, you must prove:
- A rental agreement exists
- Rent was due and unpaid
- The tenant is still in possession
Judgment & Writ of Restitution If you win, the court issues a judgment for possession. The tenant may also be ordered to pay back rent, costs, and attorney’s fees if allowed by the lease. The court issues a Writ of Restitution authorizing the sheriff to remove the tenant if they do not leave voluntarily. Sheriff’s Role Only the sheriff can enforce the writ. You cannot lock out the tenant, remove belongings, or shut off utilities—self-help evictions are illegal.
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