MAKE YOUR FREE North Dakota Eviction Notice
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What is a North Dakota Eviction Notice or Notice to Quit?
When to use a North Dakota Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a month-to-month tenancy.
- The lease has expired and the tenant has remained on the property.
Sample North Dakota Eviction Notice
The terms in your document will update based on the information you provide
NOTICE OF INTENTION TO EVICT
, North Dakota
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , North Dakota
THIS IS INTENDED AS A THREE (3) DAY NOTICE OF INTENTION TO EVICT. THIS NOTICE IS IN ACCORDANCE WITH NORTH DAKOTA CODE § 47-32-01.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NORTH DAKOTA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By:______________________________
, , |
North Dakota Eviction Notice FAQs
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Am I legally allowed to evict tenants for not paying rent in North Dakota?
Normally, the answer is yes. You can use a North Dakota Eviction Notice (specifically known as a Notice to Pay Rent or Quit) to begin the process. That said, as a result of the COVID-19 pandemic, there are several protections in place. While the federal eviction moratorium has been blocked, the state of North Dakota and individual municipalities can create and enforce their own standards for residential evictions. Keep up with the ask a local landlord-tenant lawyer for more specific input.
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When should a property owner make an Eviction Notice in North Dakota?
In order to legally evict a tenant in North Dakota, you must provide a Notice of Eviction as a first step. Here are some common circumstances in which you might need to use one:
- The tenant is continuously late to pay rent or payments have fallen behind schedule
- The tenant has caused considerable damage
- The tenant disturbs the quiet enjoyment of their neighbors
- The tenant is using the property for an illegal business
- The tenant violates the animal policy in your lease agreement
- The tenant sublets their unit against the rental terms
Outside of these examples, a renter typically can be evicted by a landlord for reasons that are not connected to a fault of their own. For instance, if the landlord wants to move back in. Please keep in mind the list shown above is not comprehensive and the lawfully acceptable reasons for evicting tenants may change. If you have any particular questions or hesitations with regard to North Dakota eviction laws, you can ask an attorney.
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What details are most often necessary in a North Dakota Notice to Vacate?
You can tap or click on "Make document" to take a closer look at the North Dakota Eviction Notice sample and see what information you'll need to customize your eviction letter. To make your ND Notice to Vacate, you'll usually need the following:
- The address and description of the property
- Contact information for your tenant(s)
- Which of the lease terms have not been met
- How many past due rent payments need to be made (if relevant)
- How long the tenant has to fix the situation
In the event that your tenant is not at fault for the eviction, you have the ability to provide more context. More personalization is permitted, as needed. It will be critical to confirm that the policies and terms that you make note of are present in your lease.
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How will North Dakota eviction laws impact me as a residential property owner?
The law often changes over time and the actual eviction process and restrictions can be somewhat nuanced for a first-timer. In some instances, there will be different requirements depending on the reason for evicting the tenant and how long they have occupied the unit. With that in mind, it is highly recommended that every property owner contact an eviction attorney when drafting a Notice of Eviction to any tenant in North Dakota.
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How do I prepare a North Dakota Eviction Notice template online?
Luckily, you do not have to start from scratch when creating your document. When using the document tools on Rocket Lawyer, anyone should feel empowered to create North Dakota Eviction Notices online with ease. Your document will be constructed piece by piece so you can be sure that it contains the correct details. This solution is, in most cases, much more affordable than finding and hiring a traditional provider.
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What might I normally have to pay for a lawyer to help me evict a tenant in North Dakota?
If you want to know what the total cost of an eviction would be, you'll need to consider the fees associated with filing court documents, lawyer fees, the value of unrecovered rent payments, storage and/or cleaning fees, and ultimately, the time and money spent on looking for new tenants. Fortunately, you will not have to pay hundreds of dollars in legal fees to generate your Notice of Eviction. When you use Rocket Lawyer, you are not just filling out an eviction form template. If you ever need support from a lawyer, your membership offers up to a 40% discount when you hire an attorney from our Rocket Lawyer attorney network.
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How much time does it take to go through the North Dakota eviction process?
The duration of the eviction process for North Dakota renters is partially determined by the notice requirements, in addition to the volume of lawsuits occurring concurrently. Here is a general breakdown of North Dakota notice periods:
- Overdue rent: 3-day notice
- Violation of terms: 3-day notice
- No cause: 30-day notice
After your pre-defined notice period is over, the eviction itself can still take 2 weeks to 2 months. Please note that with certain types of housing, for instance where rent is subsidized by the government, the notice period may be even longer.
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Do I need a lawyer when evicting someone in North Dakota?
While it is possible to produce a Notice of Eviction without assistance, most property owners who end up going to court will have a lawyer. Hiring a legal professional to proofread your North Dakota Eviction Notice might be expensive. An easier and more cost-effective option is to go through attorney services at Rocket Lawyer. When you become a Premium member, you can have your document examined by an Rocket Lawyer network attorney with experience in landlord-tenant issues. Whether you make more ND Eviction Notices or other documents for landlords, Rocket Lawyer is by your side.
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Would I need to take additional actions after creating a Notice of Eviction/Notice to Quit in North Dakota?
Upon completing a North Dakota Eviction Notice with Rocket Lawyer, you'll be able to review it anytime. With a Premium membership, you will be able to edit it, copy it, download it as a Word document or PDF file, or print it when needed. You will need to sign and date the notice before it is served on the tenant. You can choose from a few different methods when serving the notice:
- Work with a professional process server
- Send it through certified mail with a return receipt (if also posted to the door)
Remember, "self-help" or "DIY" evictions are not legal. Property owners cannot change the locks, throw out personal belongings, shut off utilities, or attempt to intimidate tenants in any way in order to force them out. Taking the appropriate lawful actions leading up to and throughout the eviction process is critical to removing tenants successfully with a final judgment from the court.