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Albert Marmero
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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:

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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Albert Marmero

Albert Marmero

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:

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.

Albert Marmero

Albert Marmero

1,107 satisfied customers

Albert Marmero
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