Three-Day Notice of Intention to Evict for Lease Violation (Cure or Quit) - North Dakota

THREE-DAY NOTICE OF INTENTION TO EVICT FOR LEASE VIOLATION (CURE OR QUIT) — NORTH DAKOTA

TABLE OF CONTENTS

1. Notice Caption
2. Recipient and Premises Information
3. Statement of Lease Violation
4. Statutory Ground for Eviction
5. Demand to Cure or Vacate
6. Reservation of Rights and Remedies
7. Tenant Notices and Disclosures
8. Federal and Other Statutory Notices
9. Signature, Verification, and Date
10. Proof of Service / Affidavit of Service
11. North Dakota Practice Notes
12. Sources and References

1. NOTICE CAPTION

THREE-DAY NOTICE OF INTENTION TO EVICT

(LEASE VIOLATION — N.D.C.C. § 47-32-01 AND § 47-32-02)

STATE OF NORTH DAKOTA — COUNTY OF [________________________________]

2. RECIPIENT AND PREMISES INFORMATION

3. STATEMENT OF LEASE VIOLATION

YOU AND EACH OF YOU ARE HEREBY NOTIFIED that you are in material breach of your tenancy and lease for the above-described premises by reason of the following acts, omissions, or violations (check all that apply):

☐ Unauthorized Occupant — Permitting [________________________________] to reside in the premises in violation of Lease § [____].

☐ Unauthorized Pet / Animal — Keeping [________________________________] in the premises in violation of Lease § [____].

☐ Property Damage / Waste — Causing or permitting damage beyond reasonable wear and tear, specifically: [________________________________].

☐ Nuisance / Disturbance of Peaceful Enjoyment (§ 47-32-01(6)) — On [__/__/____], at approximately [____:____] ☐ a.m. ☐ p.m., Tenant or person on premises with Tenant's consent did: [________________________________], thereby unreasonably disturbing the peaceful enjoyment of other tenants.

☐ Illegal Activity / Drug Offense (§ 47-32-01(7)) — On [__/__/____], the following illegal activity occurred at or about the premises: [________________________________].

☐ Unauthorized Subletting / Assignment — Tenant assigned or sublet the premises to [________________________________] without Landlord's written consent in violation of Lease § [____].

☐ Failure to Maintain Premises — Tenant failed to maintain the premises in clean and sanitary condition as required by Lease § [____] and N.D.C.C. § 47-16-13.

☐ Violation of Park / House Rules — Tenant violated the following rule incorporated by reference into the lease: [________________________________].

☐ Other Material Lease Violation — [________________________________].

Date(s) of Violation: [__/__/____] and [__/__/____].

Witnesses (if any): [________________________________].

Supporting Documentation Available: ☐ Photographs ☐ Police report ☐ Witness statements ☐ Prior written warnings ☐ Other: [____________]

4. STATUTORY GROUND FOR EVICTION

This Notice is given pursuant to N.D.C.C. § 47-32-02. Eviction is maintainable under one or more of the following grounds in N.D.C.C. § 47-32-01 (Landlord identifies):

☐ § 47-32-01(5) — Lessee violates a material term of the written lease agreement.

☐ § 47-32-01(6) — Lessee or person on premises with Lessee's consent unreasonably disturbs other tenants' peaceful enjoyment.

☐ § 47-32-01(7) — Illegal activity or controlled-substance offense at or in connection with the premises.

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

5. DEMAND TO CURE OR VACATE

WITHIN THREE (3) DAYS after service of this Notice upon you, exclusive of the date of service, you are required to (Landlord identifies the demand):

☐ CURE — Cease and correct the above-described violation(s) by taking the following specific action(s):

— OR —

☐ VACATE — Quit and surrender possession of the premises, removing all persons and personal property and returning all keys to:

NO CURE OFFERED (STRICT QUIT). ☐ Landlord elects NOT to offer a cure opportunity. The above violation(s) constitute a material and incurable breach (e.g., illegal drug activity under § 47-32-01(7), violent disturbance under § 47-32-01(6), or repeated violations after prior warning). Tenant must vacate the premises within three (3) days of service.

FAILURE TO COMPLY WITHIN THREE (3) DAYS will result in the Landlord commencing an eviction action in the District Court for [________________________________] County, North Dakota, pursuant to N.D.C.C. ch. 47-32, seeking:

☐ Restitution of the premises (immediate possession)

☐ Judgment for damages arising by reason of Tenant's possession and breach

☐ Reasonable attorney fees and costs as authorized by N.D.C.C. § 47-32-04 and the lease

☐ A writ of execution for restitution and removal

6. RESERVATION OF RIGHTS AND REMEDIES

6.1. No Waiver. Acceptance by Landlord of any rent, late fee, or other payment after service of this Notice shall not constitute a waiver of Landlord's right to pursue eviction unless accompanied by an express, signed, written waiver. Any such payment shall be applied to the oldest delinquent obligation.

6.2. Cumulative Remedies. Landlord expressly reserves all rights and remedies under the lease, the North Dakota Century Code, and applicable common law, including damages, fees, and costs.

6.3. Lease Termination. Tenant's failure to cure (or vacate) within three (3) days terminates the tenancy and any right of possession. Continued occupancy thereafter constitutes unlawful detainer subject to eviction under N.D.C.C. ch. 47-32.

6.4. Self-Help Prohibited. Landlord acknowledges that self-help eviction (lockout, utility shut-off, removal of belongings) is prohibited; under N.D.C.C. ch. 47-32 (in particular § 47-32-01), an eviction action in district court is the exclusive remedy to recover possession, with treble-damages exposure under N.D.C.C. § 32-03-29. Possession may be recovered only through judicial process.

6.5. Reservation as to Other Breaches. This Notice addresses the violations identified above only. Landlord reserves the right to assert additional or alternative grounds for eviction in the eviction complaint.

7. TENANT NOTICES AND DISCLOSURES

7.1. Right to Seek Counsel. Tenant has the right to consult an attorney. Free or reduced-fee legal services may be available through Legal Services of North Dakota (1-800-634-5263) and the North Dakota Supreme Court Self-Help Center (ndcourts.gov/legal-self-help).

7.2. Habitability Defense (N.D.C.C. § 47-16-13). The Landlord has a duty to maintain leased premises in a condition fit for human occupation. Tenant may have a defense based on Landlord's failure to repair; Tenant should consult counsel.

7.3. Discrimination Prohibited (N.D.C.C. ch. 14-02.5). This Notice is issued solely on the grounds stated above. Discrimination on the basis of race, color, religion, sex, disability, age, familial status, national origin, status with respect to marriage, or receipt of public assistance is prohibited under N.D.C.C. ch. 14-02.5 and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.).

7.4. Reasonable Accommodation / Modification. Tenants with disabilities may request reasonable accommodation or modification under the Fair Housing Act and N.D.C.C. ch. 14-02.5; submit requests in writing.

7.5. VAWA Protections. If the violation alleged stems from an act of domestic violence, dating violence, sexual assault, or stalking against Tenant or a household member, Tenant may have protections under the Violence Against Women Act, 34 U.S.C. § 12491. Tenant should immediately notify Landlord and request VAWA forms.

7.6. Eviction Record Sealing. Effective 2025 (S.B. 2238), eviction records may be sealed seven (7) years after satisfaction of judgment if no further evictions intervene; survivors of domestic violence may apply immediately.

8. FEDERAL AND OTHER STATUTORY NOTICES

8.1. HUD / Section 8 / LIHTC / Public Housing. If the premises are subsidized housing, federal good-cause termination requirements apply (24 C.F.R. § 247.3 — § 247.4; 24 C.F.R. § 982.310; 24 C.F.R. § 966.4). The required notice may be longer than three (3) days; consult HUD regulations and the lease addendum.

8.2. Servicemembers Civil Relief Act. If Tenant or any dependent is on active duty in the U.S. armed forces, the SCRA, 50 U.S.C. § 3951 et seq., may stay eviction.

8.3. Bankruptcy. If Tenant has filed for bankruptcy protection, Tenant must immediately notify Landlord; the automatic stay under 11 U.S.C. § 362 may apply (subject to § 362(b)(22) carve-out).

8.4. Drug-Free Public Housing. For HUD-subsidized housing, drug-related criminal activity is a basis for "one-strike" termination under 42 U.S.C. § 1437d(l)(6); criminal conviction is not required.

9. SIGNATURE, VERIFICATION, AND DATE

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

10. PROOF OF SERVICE / AFFIDAVIT OF SERVICE

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

I, [________________________________], being first duly sworn upon my oath, depose and state that I am over the age of eighteen (18) years and not a party to this matter. On [__/__/____] at [____:____] ☐ a.m. ☐ p.m., I served the foregoing Three-Day Notice of Intention to Evict upon the above-named Tenant(s) by the following method (check all that apply):

☐ Personal Service — Delivered a true copy directly to [________________________________] at [________________________________].

☐ Substituted Service — Left a true copy at the dwelling with [________________________________], a person of suitable age and discretion residing therein.

☐ Posting and Mailing — After at least one (1) attempt at personal service between 6:00 p.m. and 10:00 p.m. failed, I posted a true copy upon the door of the residential unit and mailed a copy by first-class mail to the Tenant's last-known address. (See N.D.C.C. § 47-32-02.)

☐ Sheriff / Process Server — Service effected by sheriff or licensed process server. Return attached.

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

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

11. NORTH DAKOTA PRACTICE NOTES

11.1. No Mandatory Cure Period. Unlike URLTA jurisdictions, North Dakota does not statutorily require landlords to offer a cure period for material lease violations. The three (3) days under § 47-32-02 is solely a NOTICE period — not a statutory cure window. However, many leases contractually grant a cure right; honor the lease's terms.

11.2. Strict Construction. N.D. courts construe eviction notices strictly against the landlord. Defects in tenant identification, premises description, statement of breach, or service method are fatal. See N.D. case law applying § 47-32-02.

11.3. Disturbance of the Peace — No Hardship Stay. Under N.D.C.C. § 47-32-04, the court may NOT grant a hardship stay of restitution where eviction is based "in whole or in part on a disturbance of the peace." Plead this subsection where applicable to expedite removal.

11.4. Drug-Related Activity. A criminal conviction is not required to evict under § 47-32-01(7); a preponderance of evidence at the eviction trial suffices. For HUD properties, the "one-strike" doctrine applies.

11.5. Habitability Setoff. Tenant may raise the landlord's failure to maintain habitable conditions (§ 47-16-13) as a defense, but North Dakota's implied warranty of habitability is narrowly recognized — primarily through case law (see Hovland-line cases) rather than a comprehensive statutory warranty.

11.6. Retaliation. No codified state retaliation statute exists. Tenants may, however, raise federal retaliation defenses (42 U.S.C. § 3617 — Fair Housing; 34 U.S.C. § 12491 — VAWA; 42 U.S.C. § 1437f — Section 8) and public-policy defenses based on the exercise of statutory or constitutional rights.

11.7. Local Ordinances. Fargo, Bismarck, and Grand Forks have limited tenant-protection ordinances; verify before serving.

11.8. Mobile Homes. N.D.C.C. § 47-16-39 et seq. governs mobile-home tenancies separately and requires longer notices.

11.9. Subsidized Tenancies. For HUD/HCV/LIHTC tenancies, the federal "good cause" termination standard and HUD-prescribed notice forms (e.g., HUD-90105) supersede the state three-day notice. Failure to use the federal notice is fatal in subsidized cases.

11.10. Cure Acceptance and Waiver. If Tenant cures within three (3) days (where cure is offered), Landlord must accept and may not proceed with eviction unless a separate, post-cure breach occurs.

12. SOURCES AND REFERENCES

• N.D.C.C. ch. 47-32 (Eviction): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. ch. 47-16 (Leasing of Real Property): https://ndlegis.gov/cencode/t47c16.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. § 47-32-04 (No joinder; counterclaim limits; no hardship stay for disturbance of peace): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. § 47-16-13 (Landlord's duty to repair): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-32-01 (Eviction is exclusive judicial remedy — self-help prohibited): https://ndlegis.gov/cencode/t47c32.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. Attorney General Tenant Rights: https://attorneygeneral.nd.gov/consumer-resources/tenant-rights/
• N.D. Courts Eviction Self-Help Center: https://www.ndcourts.gov/legal-self-help/eviction-for-landlords
• HUD Section 8 (Project-Based) Termination: 24 C.F.R. § 247.3-247.4
• HUD HCV Termination: 24 C.F.R. § 982.310
• HUD Public Housing Termination: 24 C.F.R. § 966.4
• VAWA Housing Protections: 34 U.S.C. § 12491
• SCRA: 50 U.S.C. § 3951
• Legal Services of North Dakota: https://www.legalassist.org/

END OF NOTICE