NOTICE OF TERMINATION OF TENANCY

AND DEMAND FOR POSSESSION

(North Dakota – Residential Premises)

Date of Notice: [DATE]

Landlord: [FULL LEGAL NAME OF LANDLORD]
Address: [LANDLORD NOTICE ADDRESS]
Telephone / Email: [CONTACT INFORMATION]

Tenant(s): [FULL LEGAL NAME OF EACH TENANT]
Premises: [STREET ADDRESS, UNIT NO., CITY, ND ZIP]

Effective Jurisdiction: State of North Dakota – governed exclusively by applicable state landlord-tenant law (“Governing Law”).
Forum for any eviction action or related proceeding: [COUNTY] District Court, State of North Dakota (“Housing Court”).

Table of Contents

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Certificate of Service

I. DOCUMENT HEADER

WHEREAS, Landlord and Tenant are parties to that certain Residential Lease dated [LEASE DATE] (the “Lease”) concerning the Premises; and
WHEREAS, Tenant is now in default under the Lease and North Dakota law for the reason(s) indicated below; and
WHEREAS, Landlord desires to terminate the Lease and demand possession of the Premises in accordance with applicable statutory notice requirements.

NOW, THEREFORE, Landlord issues this Notice of Termination of Tenancy and Demand for Possession (this “Notice”) as follows.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

1. “Cure Amount” – The total sums that must be paid or actions that must be taken by Tenant within the Notice Period to remedy the Default, currently calculated as $[AMOUNT] (itemized in Exhibit A).
2. “Default” – Any breach of the Lease or state law identified in Section III.A.
3. “Notice Period” – The statutory minimum period beginning on the Service Date and expiring at 11:59 p.m. on the [NUMBER]th calendar day thereafter, exclusive of weekends and legal holidays where required.
   [// GUIDANCE: For non-payment of rent or other material breach, North Dakota generally requires at least a three (3)-day notice. Confirm the correct period for your grounds before finalizing.]
4. “Service Date” – The date on which this Notice is deemed served in accordance with Section IX.A.
5. “Termination Date” – The first calendar day after expiration of the Notice Period.

III. OPERATIVE PROVISIONS

A. NOTICE OF DEFAULT. Tenant is in Default for the following ground(s) (check all that apply):
☐ Non-payment of rent in the amount of $[RENT ARREARS] currently past due.
☐ Holding over after expiration or lawful termination of the Lease.
☐ Material violation of lease covenant(s): [DESCRIBE VIOLATION].
☐ Other statutory ground: [DESCRIBE].

B. DEMAND FOR CURE OR POSSESSION.
1. Within the Notice Period, Tenant shall (i) cure the Default by paying the Cure Amount and/or otherwise remedying all breaches, and (ii) deliver written confirmation of cure to Landlord.
2. If the Default is not fully cured within the Notice Period, the Lease shall automatically terminate on the Termination Date without further notice, and Tenant must vacate and surrender the Premises by 12:00 noon on the Termination Date.

C. CONTINUING RENT ACCRUAL. Rent, late charges, utilities, and all other sums due under the Lease will continue to accrue until Tenant fully vacates and Landlord regains possession.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Landlord represents that it holds legal title (or lawful agency authority) to the Premises and is entitled to enforce the Lease and issue this Notice.
2. Accuracy. Landlord warrants that the facts stated herein are true and correct to the best of Landlord’s knowledge, information, and belief.

V. COVENANTS & RESTRICTIONS

1. Tenant shall not commit waste, remove fixtures, or damage the Premises during the Notice Period.
2. Tenant shall permit reasonable access for inspection or showings as allowed by Governing Law.
3. Landlord shall comply with all statutory service requirements and, upon timely cure, shall accept full payment of the Cure Amount and rescind this Notice (without waiving future defaults).

VI. DEFAULT & REMEDIES

A. Events of Default. Failure to (i) cure within the Notice Period, or (ii) vacate by the Termination Date constitutes a continuing unlawful detainer.
B. Remedies. Upon Default, Landlord may:
1. Commence a forcible detainer/eviction action for immediate possession;
2. Recover past-due rent, holdover damages, court costs, and reasonable attorney’s fees;
3. Seek all other relief permitted by Governing Law, including issuance of a writ of restitution.
C. Cumulative Rights. Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

[Indemnification and liability caps are not applicable to this Notice; however, Tenant remains responsible for all damages permitted under Governing Law.]

VIII. DISPUTE RESOLUTION

1. Governing Law: State of North Dakota landlord-tenant statutes and common law.
2. Forum Selection: Exclusive jurisdiction and venue in the District Court of [COUNTY], North Dakota Housing Court division or any successor forum statutorily authorized to hear eviction matters.
3. Arbitration: Not available for eviction proceedings.
4. Jury Waiver: Tenant retains all constitutional rights to jury trial; no waiver is requested or required.
5. Injunctive Relief: Nothing herein limits Landlord’s right to seek immediate possession or other equitable relief permissible under North Dakota law.

IX. GENERAL PROVISIONS

A. Service of Notice. This Notice shall be served by any method authorized under North Dakota law, including (i) personal delivery to Tenant, (ii) delivery to a person of suitable age at the Premises plus mailing, or (iii) posting conspicuously on the Premises and mailing a copy to Tenant at the Premises. The earliest of such events constitutes the Service Date.
[// GUIDANCE: Use a licensed process server or sheriff when feasible to strengthen proof of service.]

B. No Waiver. Acceptance of partial rent or delay in enforcement does not waive Landlord’s rights relating to the existing or any future Default.
C. Severability. Any provision held unenforceable shall be severed and the remainder enforced to the fullest extent permitted.
D. Entire Notice. This document constitutes the entire notice required by law and by the Lease with respect to the Defaults described. No oral statements bind Landlord.
E. Amendments. Any modification must be in a signed writing expressly referring to this Notice.

X. EXECUTION & CERTIFICATE OF SERVICE

LANDLORD / LANDLORD’S AUTHORIZED AGENT

[NAME, TITLE]
for and on behalf of Landlord
Date: _______

[Optional Notary Block if required by local practice]

CERTIFICATE OF SERVICE

I, ________, affirm under penalty of perjury that on the _ day of _, 20__, I served the foregoing Notice upon the above-named Tenant(s) in the manner indicated below:

☐ Personal delivery to Tenant
☐ Delivery to person of suitable age at Premises and mailing on same date
☐ Posting on main entry door of Premises and mailing on same date
☐ Other method authorized by law: _______

Signature of Server
Date: _______

[// GUIDANCE: Retain this original Certificate of Service and any mailing receipts for court filing. Many North Dakota judges require strict proof of the exact date and manner of service.]

EXHIBIT A

Itemization of Cure Amount (as of Date of Notice)
1. Past-due rent: $_
2. Late fees: $_
3. Utilities/charges: $_
4. Other (describe): $_
Total Cure Amount: $__

[// GUIDANCE:
1. Verify the correct statutory notice period for the specific ground(s) before finalizing; North Dakota generally mandates a minimum three (3)-day written notice for non-payment and other material breaches, but longer periods (e.g., 30 days) apply to month-to-month terminations.
2. Confirm all calculations and insert accurate figures in Exhibit A.
3. File an eviction (forcible detainer) action promptly after the Termination Date if Tenant fails to cure or vacate.
4. Attach any required statutory brochures or disclosures if local ordinances mandate them.
5. This template does not constitute legal advice; tailor to the facts of your case and consult local counsel as needed.
]