Eviction proceedings are an unpleasant but necessary part of being a landlord. Even if your tenant has not paid rent or otherwise violated their lease, it is important to follow the proper channels to ensure you are able to secure a successful eviction in the state of North Dakota.
How do I begin eviction proceedings?
Three days after non-payment of rent or immediately following the discovery of a material lease violation, a landlord may issue a Notice to Quit. This provides the tenant with three days in order to vacate the property before the eviction proceedings may begin. It is important to note that you are not required to accept payment of rent or any remedy of the lease violation at this time.
In order to be considered valid, a notice to quit must be filed by a process-server, sheriff, or by placing the notice in a conspicuous place on the property such as the front door. In North Dakota, if the notice will be delivered in person, this should occur between the hours of 6am and 10pm.
What are the next steps?
If the tenant has not vacated the property within the three-day time-period, the landlord may move forward with the eviction proceedings by filing a complaint in the district court where the property is located. The landlord must ensure that the tenant receives a copy of the filing.
If you are successful in receiving a judgment for the eviction, the tenant will be given a certain amount of time to leave. If the tenant remains on the property, the local sheriff can assist with the eviction.
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