Eviction Complaint and Summons - North Dakota District Court

COMPLAINT FOR EVICTION (UNLAWFUL DETAINER) — NORTH DAKOTA DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and the Premises
4. Pre-Suit Notice (Condition Precedent)
5. Count I — Unlawful Detainer (N.D.C.C. § 47-32-01)
6. Count II — Accrued Rent and Damages from Possession
7. Count III — Attorney Fees and Costs (Where Authorized)
8. Affirmative Compliance — Federal and State Bars
9. Prayer for Relief
10. Verification
11. Signature, Rule 11, and Service Block
12. Summons (Form Following Complaint)
13. North Dakota Practice Notes
14. Sources and References

1. CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT — [________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________]

CIVIL CASE NO. [________________________________]

COMPLAINT FOR EVICTION (UNLAWFUL DETAINER)

(N.D.C.C. ch. 47-32 — Restitution of Premises and Damages)

Plaintiff, complaining of Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord" or "Plaintiff") is ☐ an individual residing at / ☐ a [entity type] organized under the laws of [STATE] with its principal place of business at [________________________________], and is the owner or duly authorized agent of the owner of the premises described herein.

2.2. Defendant [TENANT NAME] ("Tenant" or "Defendant") is an adult individual residing at the Premises and may be served at [________________________________].

2.3. Defendants John and Jane Doe 1–10 are all unknown adult occupants of the Premises, named here pending discovery of their true identities.

2.4. Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under N.D.C.C. § 27-05-06 (district court general civil jurisdiction) and N.D.C.C. ch. 47-32 (eviction). Eviction is a summary statutory proceeding governed exclusively by ch. 47-32.

2.5. Venue. Venue is proper in [________________________________] County under N.D.C.C. § 28-04-05 because the Premises are located in this County.

2.6. Amount in Controversy. The accrued rent, damages, and prospective use-and-occupancy charges sought herein, together with restitution of the Premises, fall within the District Court's jurisdiction. Plaintiff does not seek joinder of any non-eviction claims, in compliance with N.D.C.C. § 47-32-04.

3. THE TENANCY AND THE PREMISES

3.1. The Premises. The leased premises are located at [________________________________], Unit [____], [CITY], North Dakota [ZIP] (the "Premises"), legally described as: [________________________________].

3.2. The Lease. On or about [__/__/____], Plaintiff (as Lessor) and Defendant [TENANT NAME] (as Lessee) entered into a ☐ written / ☐ oral / ☐ month-to-month tenancy for the Premises (the "Lease"). A true and correct copy of the written Lease is attached hereto as Exhibit A and incorporated by reference (or the terms of the oral tenancy are pleaded in paragraph 3.3 below).

3.3. Lease Terms.

3.4. Possession. Defendants took possession of the Premises on or about [__/__/____] and remain in possession as of the date of filing.

4. PRE-SUIT NOTICE (CONDITION PRECEDENT)

4.1. Three-Day Notice of Intention to Evict. On [__/__/____], Plaintiff served Defendant(s) with a written Three-Day Notice of Intention to Evict pursuant to N.D.C.C. § 47-32-02. A true and correct copy of the Notice, together with the Affidavit of Service, is attached hereto as Exhibit B and incorporated by reference.

4.2. Manner of Service of Notice. The Notice was served by (check all that apply):

☐ Personal Service — Delivered to Defendant [________________________________] on [__/__/____] at [____:____] [a.m./p.m.].

☐ Substituted Service — Left with [________________________________], a person of suitable age and discretion residing at the Premises, on [__/__/____].

☐ Posting and Mailing — After at least one (1) attempted personal service between 6:00 p.m. and 10:00 p.m. failed on [__/__/____], a copy was posted on the door of the residential unit and mailed first-class to the Defendant's last-known address.

4.3. Expiration of Notice Period. The three-day period prescribed by § 47-32-02 expired on [__/__/____], and Defendants have failed and refused to (a) ☐ pay the rent demanded; (b) ☐ cure the lease violations identified; and/or (c) ☐ vacate and surrender possession of the Premises.

4.4. Termination of Tenancy ☐ (For Holdover after No-Cause Notice). The tenancy was terminated effective [__/__/____] by a Notice of Termination served on [__/__/____] under N.D.C.C. § 47-16-15 (attached as Exhibit C). Defendants have remained in possession past the Termination Date and are now holdover tenants.

4.5. Compliance with Statutory Conditions. All conditions precedent to the filing of this action have been performed or have occurred, including the giving of all required notices and the expiration of all applicable statutory periods.

5. COUNT I — UNLAWFUL DETAINER (N.D.C.C. § 47-32-01)

5.1. Plaintiff incorporates the foregoing paragraphs by reference.

5.2. Eviction is maintainable against Defendants under one or more of the following enumerated grounds in N.D.C.C. § 47-32-01 (Plaintiff identifies):

☐ § 47-32-01(1) — Defendants entered the Premises by force, intimidation, fraud, or stealth.

☐ § 47-32-01(2) — Defendants are lessees holding over after the term of the Lease has expired.

☐ § 47-32-01(3) — Defendants have committed waste of the Premises.

☐ § 47-32-01(4) — Defendants have failed to pay rent for three (3) days after the rent became due. The total unpaid rent through the date of filing is $[__________], itemized in paragraph 6.2 below.

☐ § 47-32-01(5) — Defendants have violated a material term of the written Lease, specifically: [________________________________].

☐ § 47-32-01(6) — Defendants, or persons on the Premises with Defendants' consent, acted in a manner that unreasonably disturbed other tenants' peaceful enjoyment, specifically: [________________________________].

☐ § 47-32-01(7) — Illegal activity / controlled-substance offense occurred at or in connection with the Premises, specifically: [________________________________].

☐ § 47-32-01(8) — Other ground specified in subsection 8: [________________________________].

5.3. Defendants' continued possession of the Premises is unlawful and constitutes unlawful detainer.

5.4. Plaintiff is entitled to immediate restitution of the Premises and to a writ of execution for restitution upon judgment.

5.5. ☐ (Disturbance-of-Peace — No Hardship Stay). Because the eviction is based in whole or in part on a disturbance of the peace under § 47-32-01(6) [or related provision], Plaintiff respectfully requests that the Court enter judgment for immediate restitution without any hardship stay, as expressly authorized by N.D.C.C. § 47-32-04.1.

6. COUNT II — ACCRUED RENT AND DAMAGES FROM POSSESSION

6.1. Plaintiff incorporates the foregoing paragraphs by reference.

6.2. Pursuant to the express limited-joinder authority in N.D.C.C. § 47-32-04, Plaintiff seeks recovery of (a) rents and profits accrued and (b) damages arising by reason of Defendants' possession.

6.3. Itemized Rent and Charges Due:

6.4. Property Damage / Waste (if applicable): [________________________________] in the amount of $[__________].

6.5. Continuing Damages. Plaintiff is entitled to additional rent and use-and-occupancy charges accruing through entry of judgment and surrender of possession at the rate of $[__________] per [day/month].

7. COUNT III — ATTORNEY FEES AND COSTS (WHERE AUTHORIZED)

7.1. Plaintiff incorporates the foregoing paragraphs by reference.

7.2. ☐ The Lease, at § [____], expressly authorizes recovery of reasonable attorney fees and costs incurred in enforcing its terms. Pursuant to such provision and to N.D.C.C. § 47-32-04 (which authorizes recovery of damages arising from possession), Plaintiff seeks reasonable attorney fees of $[__________] and costs of $[__________].

7.3. ☐ The applicable HUD lease addendum / federal lease form authorizes attorney fees in the event of breach. Plaintiff complies with all applicable HUD notice and procedural requirements.

8. AFFIRMATIVE COMPLIANCE — FEDERAL AND STATE BARS

8.1. Servicemembers Civil Relief Act. Upon information and belief, no Defendant is presently in active military service of the United States. A Non-Military Affidavit pursuant to 50 U.S.C. § 3931 is filed concurrently herewith.

8.2. Bankruptcy. Upon information and belief, no Defendant has filed a petition for relief under Title 11 of the United States Code that would impose an automatic stay under 11 U.S.C. § 362.

8.3. Fair Housing / Anti-Discrimination. This action is brought solely on the lawful, non-discriminatory grounds set forth above and is not motivated by any protected characteristic under N.D.C.C. ch. 14-02.5 or 42 U.S.C. § 3601 et seq.

8.4. No Retaliation. This action is not in retaliation for any protected activity, including but not limited to fair-housing complaints, code-enforcement complaints, requests for repairs, or exercise of VAWA rights.

8.5. CARES Act. ☐ The Premises are NOT a "covered dwelling" under 15 U.S.C. § 9058. ☐ The Premises are a covered dwelling and the requisite thirty (30) days' notice has been served.

8.6. HUD-Subsidized Housing (if applicable). ☐ The Premises are subsidized through [HUD program]. The required federal termination notice has been served (attached as Exhibit D) and "good cause" exists for termination under 24 C.F.R. §§ 247.3 — 247.4 / § 982.310 / § 966.4.

8.7. VAWA (if applicable). This action does not seek termination of any tenant on the basis of an act of violence committed against that tenant in violation of 34 U.S.C. § 12491.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in favor of Plaintiff and against Defendants as follows:

A. Restitution of Premises. Adjudging that Plaintiff is entitled to immediate restitution and possession of the Premises, and issuing a writ of execution for restitution forthwith;

B. Accrued Rent. Awarding Plaintiff accrued rent and charges in the amount of $[__________], plus continuing rent / use-and-occupancy charges at $[__________] per [day/month] until possession is surrendered;

C. Property Damages. Awarding Plaintiff property damages of $[__________];

D. Attorney Fees. Awarding Plaintiff reasonable attorney fees of $[__________] as authorized by the Lease and N.D.C.C. § 47-32-04;

E. Costs. Awarding Plaintiff costs and disbursements of this action;

F. No Hardship Stay ☐ — In any case based in whole or in part on disturbance of the peace, denying any defense request for a hardship stay of restitution per N.D.C.C. § 47-32-04.1;

G. Other Relief. Such other and further relief as the Court deems just and equitable.

10. VERIFICATION

STATE OF NORTH DAKOTA, COUNTY OF [________________________________], ss.

I, [________________________________], being first duly sworn upon my oath, depose and state that I am the Plaintiff (or duly authorized agent of Plaintiff) in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to the best of my knowledge, information, and belief.

_____________________________________
[Affiant Name and Title]

Subscribed and sworn before me this [____] day of [________________________________], 20[____].

_____________________________________
Notary Public — State of North Dakota
My Commission Expires: [__/__/____]

11. SIGNATURE, RULE 11, AND SERVICE BLOCK

DATED this [____] day of [________________________________], 20[____].

(Or, if pro se: Plaintiff appearing pro se.)

The undersigned certifies, pursuant to N.D.R.Civ.P. 11, that this Complaint is presented for proper purposes; the legal contentions are warranted by existing law; and the factual contentions have evidentiary support.

12. SUMMONS (FORM FOLLOWING COMPLAINT)

STATE OF NORTH DAKOTA

IN DISTRICT COURT — [________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________]

CIVIL CASE NO. [________________________________]

SUMMONS — EVICTION (N.D.C.C. § 47-32-03)

TO THE ABOVE-NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED and required to appear before the District Court for [________________________________] County, North Dakota, at the [______________ Courthouse, Courtroom ____], located at [________________________________], on:

[WEEKDAY], [__/__/____] at [____:____] [a.m./p.m.]

(the "Hearing Date"), to answer the foregoing Complaint of Plaintiff for restitution of the Premises and other relief.

The Hearing Date has been set NOT LESS THAN THREE (3) AND NOT MORE THAN FIFTEEN (15) DAYS after issuance of this Summons in compliance with N.D.C.C. § 47-32-03.

FAILURE TO APPEAR at the Hearing Date may result in entry of judgment against you for restitution of the Premises, accrued rent and damages, attorney fees, and costs.

RIGHT TO RESPOND. You may file a written Answer with the Clerk of Court at or before the Hearing Date. You may also appear and present your defenses orally at the Hearing.

ALTERNATIVE METHODS OF SERVICE. Pursuant to N.D.C.C. § 47-32-02, if personal service of this Summons cannot be made and an attempt has been made between 6:00 p.m. and 10:00 p.m., this Summons may be served by posting on the door of the residential unit, with a copy mailed by first-class mail to your last-known address.

ISSUED this [____] day of [________________________________], 20[____].

_____________________________________
Clerk of District Court

By: _____________________________________
Deputy Clerk

RETURN OF SERVICE

I, [________________________________], hereby certify that on [__/__/____] I served the foregoing Summons and Complaint upon Defendant [________________________________] by:

☐ Personal Service at [________________________________]
☐ Substituted Service upon [________________________________]
☐ Posting and Mailing per N.D.C.C. § 47-32-02

13. NORTH DAKOTA PRACTICE NOTES

13.1. Summary Procedure — Strict Construction. Eviction under N.D.C.C. ch. 47-32 is a summary statutory procedure. Courts construe each step strictly: defects in the pre-suit notice, in tenant identification, in premises description, or in service of the summons are routinely fatal.

13.2. Hearing Window (3–15 Days). N.D.C.C. § 47-32-03 prescribes that the hearing be held not less than three (3) nor more than fifteen (15) days after summons issuance. Coordinate filing with the District Court clerk to ensure timely setting.

13.3. No Joinder; Limited Counterclaims. N.D.C.C. § 47-32-04 expressly prohibits joinder of non-eviction claims (except accrued rent and damages from possession) and limits defendant counterclaims to setoffs against damages or rents.

13.4. Right to Judge Over Referee. Under N.D. R.Ct. 8.5 and related court rules, the parties may have the right to request the case be heard by a District Court judge rather than a judicial referee within seven (7) days of assignment.

13.5. Hardship Stay. Per N.D.C.C. § 47-32-04.1, the Court may stay restitution up to five (5) days for substantial hardship — EXCEPT in cases based in whole or part on disturbance of the peace.

13.6. Appeal. Eviction judgments are appealable to the N.D. Supreme Court within sixty (60) days under N.D.R.App.P. (general civil appeal rule). There is NO de novo appeal; review is on the record. Tenant may seek a stay pending appeal upon supersedeas bond.

13.7. Self-Help Bar. Even after judgment, possession must be recovered by writ of execution and the sheriff. Self-help (lockout, utility shut-off, removal of belongings) is barred — N.D.C.C. ch. 47-32 (in particular § 47-32-01) makes the eviction action the exclusive remedy to recover possession, and N.D.C.C. § 32-03-29 exposes a landlord who uses forcible exclusion to treble damages.

13.8. Non-Military Affidavit. Mandatory under SCRA before any default judgment. Filing failure can void the judgment.

13.9. Eviction Record Sealing (S.B. 2238 — 2025). Tenants may seek sealing of eviction records seven (7) years after judgment satisfaction (immediately for DV survivors). Plead carefully — frivolous evictions may result in opposing sealing motions and potential fee-shifting.

13.10. Mobile-Home Tenancies. N.D.C.C. § 47-16-39 et seq. governs mobile-home park tenancies separately, with longer notice periods.

13.11. Pleading Defenses. Common tenant defenses include (a) defective pre-suit notice; (b) habitability / failure to repair under § 47-16-13; (c) discrimination under N.D.C.C. ch. 14-02.5 and FHA; (d) public-policy retaliation (no codified statute); (e) security-deposit setoff; (f) waiver by acceptance of rent; (g) VAWA bar; (h) bankruptcy stay; (i) SCRA stay.

14. SOURCES AND REFERENCES

• N.D.C.C. ch. 47-32 (Eviction): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. § 47-32-01 (When eviction maintainable): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-32-01/
• N.D.C.C. § 47-32-02 (Notice of intention to evict): https://www.lawserver.com/law/state/north-dakota/nd-code/north_dakota_code_47_32_02
• N.D.C.C. § 47-32-03 (Issuance of summons): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. § 47-32-04 (No joinder / counterclaim limits): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. § 47-32-04.1 (Judgment / hardship stay): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. ch. 47-16 (Leasing): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-15 (Termination notice): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-15/
• N.D.C.C. § 47-16-07.1 (Security deposit): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-07-1/
• N.D.C.C. § 47-16-13 (Landlord duty to repair): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-13.1 (Landlord maintenance obligations): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 32-03-29 (Treble damages for forcible exclusion): https://ndlegis.gov/cencode/t32c03.pdf
• N.D.C.C. ch. 14-02.5 (Housing Discrimination Act): https://ndlegis.gov/cencode/t14c02-5.pdf
• N.D.R.Civ.P.: https://www.ndcourts.gov/legal-resources/rules/ndrcivp
• N.D. Courts Eviction Self-Help (Landlords): https://www.ndcourts.gov/legal-self-help/eviction-for-landlords
• N.D. Courts Eviction Self-Help (Tenants): https://www.ndcourts.gov/legal-self-help/eviction-for-tenants
• Eviction Forms Instructions (ND Courts): https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/Instructions-for-Eviction.pdf
• N.D. Eviction Summons (Form): https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/Eviction-Summons.pdf
• S.B. 2238 (2025) Eviction Record Sealing: https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo2238.html
• CARES Act 30-Day Notice: 15 U.S.C. § 9058
• HUD Termination: 24 C.F.R. §§ 247.3-247.4; 982.310; 966.4
• Fair Housing Act: 42 U.S.C. § 3601 et seq.
• VAWA: 34 U.S.C. § 12491
• SCRA: 50 U.S.C. § 3951

END OF COMPLAINT