Three-Day Notice of Intention to Evict for Nonpayment of Rent (Pay or Quit) - North Dakota

THREE-DAY NOTICE OF INTENTION TO EVICT FOR NONPAYMENT OF RENT — NORTH DAKOTA

TABLE OF CONTENTS

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

1. NOTICE CAPTION

THREE-DAY NOTICE OF INTENTION TO EVICT

(NONPAYMENT OF RENT — N.D.C.C. § 47-32-01(4) AND § 47-32-02)

STATE OF NORTH DAKOTA — COUNTY OF [________________________________]

2. RECIPIENT AND PREMISES INFORMATION

3. STATEMENT OF DEFAULT

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 your failure to pay rent that became due and payable as set forth below:

Late Charges (if any) per Lease § [____]: $[__________]

Returned-Check / NSF Charges (if any): $[__________]

TOTAL AMOUNT DEMANDED: $[__________]

The above-stated rent has remained unpaid for more than three (3) days after it became due, as required for eviction to lie under N.D.C.C. § 47-32-01(4).

4. DEMAND TO PAY OR VACATE

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

OPTION A — PAY THE TOTAL AMOUNT DEMANDED ($[__________]) by certified funds, money order, or other method accepted by Landlord, payable to:

— OR —

OPTION B — VACATE AND DELIVER POSSESSION of the premises to the Landlord, removing all persons and personal property, and returning all keys.

FAILURE TO COMPLY WITH ONE OF THE ABOVE OPTIONS 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 all unpaid rent, late fees, and damages arising by reason of Tenant's possession

☐ 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

5. RESERVATION OF RIGHTS AND REMEDIES

5.1. No Waiver. Acceptance by Landlord of any partial 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 partial payment shall be applied first to oldest delinquent rent.

5.2. Cumulative Remedies. Landlord expressly reserves all rights and remedies under the lease, the North Dakota Century Code, and applicable common law, including the right to recover damages, late fees, attorney fees, and costs.

5.3. Lease Termination. Tenant's failure to cure 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.

5.4. 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 for forcible exclusion.

6. TENANT NOTICES AND DISCLOSURES

6.1. 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).

6.2. Habitability and Repair Defenses. Under 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 defenses based on Landlord's failure to repair; consult counsel.

6.3. Discrimination Prohibited. This Notice is issued solely for nonpayment of rent. 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.

6.4. Security Deposit. Any return of the security deposit will be governed by N.D.C.C. § 47-16-07.1 (return within thirty (30) days of vacating, with itemized statement of any deductions).

6.5. Eviction Record Sealing. Effective 2025 (S.B. 2238), tenants may apply to seal eviction records seven (7) years after satisfaction of judgment if no further evictions intervene; survivors of domestic violence may apply immediately. See N.D.C.C. ch. 47-32 (new section).

7. FEDERAL AND OTHER STATUTORY NOTICES

7.1. CARES Act (Covered Properties). If the premises are a "covered dwelling" under 15 U.S.C. § 9058 (federally backed mortgage; LIHTC/Section 8/USDA/HUD subsidy), thirty (30) days' notice to vacate is required for nonpayment, NOT three (3) days. ☐ This property is a covered dwelling. ☐ This property is NOT a covered dwelling.

7.2. Servicemembers Civil Relief Act. If Tenant or any dependent is on active duty in the U.S. armed forces, the Servicemembers Civil Relief Act, 50 U.S.C. § 3951, may stay eviction. Tenant should notify Landlord and the court of any active-duty status.

7.3. VAWA (Federally Assisted Housing). Tenants in HUD-assisted housing may have additional protections under the Violence Against Women Act, 34 U.S.C. § 12491.

7.4. Bankruptcy. If Tenant has filed for bankruptcy protection, Tenant must immediately notify Landlord; the automatic stay under 11 U.S.C. § 362 may apply.

8. SIGNATURE, VERIFICATION, AND DATE

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

9. 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: [__/__/____]

10. NORTH DAKOTA PRACTICE NOTES

10.1. Two Separate Three-Day Periods. N.D.C.C. § 47-32-01(4) requires that rent be unpaid for three (3) days after due (the "default period"); only then may the landlord serve a three-day notice under § 47-32-02 (the "notice period"). Filing eviction before both periods elapse is fatal.

10.2. Strict Construction. North Dakota courts construe pay-or-quit notices strictly. Defects in the named parties, premises description, amount demanded, or service method will defeat the eviction. See N.D. case law applying § 47-32-02.

10.3. No Statutory Retaliation Bar. North Dakota does not have a codified retaliation statute analogous to URLTA § 5.101. However, retaliatory action for protected activity (e.g., reporting code violations, fair-housing complaint, exercising VAWA rights) may be defended under public policy or federal/state anti-discrimination law (N.D.C.C. ch. 14-02.5; 42 U.S.C. § 3617).

10.4. No URLTA in North Dakota. N.D.C.C. ch. 47-16.1 reserves a placeholder for URLTA, but it has NOT been adopted statewide. Some cities (Fargo, Bismarck, Grand Forks) have adopted limited local protections; check municipal code.

10.5. Fargo / Bismarck / Grand Forks. Local ordinances may impose additional notice requirements, registration obligations, or habitability standards. Verify before serving.

10.6. Mobile-Home Parks. N.D.C.C. § 47-16-39 et seq. governs mobile-home tenancies separately and requires longer notice periods (generally sixty (60) days for park-rule violations and nonpayment after default cure window).

10.7. Acceptance of Rent After Notice. Acceptance of full payment generally waives the breach unless the landlord expressly preserves rights in writing. Partial payment with written reservation may avoid waiver.

10.8. Form of Lease Termination. Service of this Notice does NOT, by itself, terminate a fixed-term lease — Tenant's failure to cure within three (3) days operates as the terminating event under N.D.C.C. § 47-32-01(4).

11. 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. § 47-16-15 (Notice of termination of lease): 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. 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-tenants
• Official 3-Day Notice (ND Courts): https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/3-day-notice-to-evict.pdf
• CARES Act 30-Day Notice: 15 U.S.C. § 9058
• Fair Housing Act: 42 U.S.C. § 3601 et seq.
• Servicemembers Civil Relief Act: 50 U.S.C. § 3951
• Legal Services of North Dakota: https://www.legalassist.org/
• N.D. S.B. 2238 (2025) Eviction Record Sealing: https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo2238.html

END OF NOTICE