If you are being evicted in the state of North Dakota, you may not know how to proceed. Learning about the eviction process in North Dakota can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in North Dakota and how long each step will take.
Before beginning the eviction process in North Dakota courts, your landlord must first give you proper legal notice and time to correct the issue. In the state of North Dakota, the minimum amount of notice your landlord is allowed to give you is three days.
If you have not paid rent on time, your landlord can give you a three-day notice to pay rent or vacate the property. During this time, you may pay back any late rent and reinstate your tenancy automatically.
If you have violated a provision of your lease agreement, your landlord can give you a three-day notice that tells you what the violation is, gives you a way to correct the violation if possible, and specifies when the correction must be done by. For instance, if you have been keeping an unauthorized pet on the premises, your landlord may offer to allow you to re-home the pet for three days or pay an additional non-refundable pet deposit.
Court Filings and Hearings
If you do not fix the violation of your lease agreement or pay your back rent within the three-day notice period, your landlord is allowed to continue the eviction process in North Dakota courts. Your landlord will go to the county courthouse and file a complaint with the clerk of the court.
You will be served with a copy of both your landlord's complaint, which will detail why you are being evicted, and a summons, which will tell you when and where to appear in court for an eviction hearing. While you are not required to appear at the hearing, if you fail to appear, your landlord will win automatically.
The hearing gives you an opportunity to present your side of the story. If your landlord has acted improperly, or failed to give you proper notice about your eviction, you may be able to win the eviction case and stay in your home. In some cases, your landlord may even owe you monetary damages. You may wish to consult with a lawyer who has experience with the eviction process in North Dakota in order to understand your full range of legal options.
If your landlord wins in court, the eviction process in North Dakota will continue when the judge issues a court order evicting you. You will be informed as to how many days you have to vacate your property. If you fail to vacate the premises by the time the eviction order has expired, you can be forcibly removed by the sheriff.
Until you have been forcibly removed by the sheriff, your landlord is never allowed to change the locks or shut down utility service. Only the legal eviction process in North Dakota can remove a tenant.