How to Serve an Eviction Notice in North Dakota (N.D.C.C. ch. 47-32 Summary Eviction Rules)

Under North Dakota Century Code § 47-32-01, an action of eviction to recover possession of real estate may be maintained when a lessee fails to pay rent for three days after it falls due (subsection 4), continues in possession after the lease has expired or been terminated (subsection 5), or violates a material term of the lease (subsection 8). In all cases arising under subsections 4, 5, 6, or 8 of § 47-32-01, the landlord must first serve a written Notice of Intention to Evict giving the tenant three days after service to vacate or cure before an eviction summons may be issued.

Under N.D.C.C. § 47-32-02, the 3-Day Notice of Intention to Evict must be served by the sheriff or any person qualified to serve a civil summons (any disinterested adult under N.D.R.Civ.P. Rule 4(c)) in the same manner as a summons in a civil action. Specifically, our process server first attempts personal delivery to the tenant or dwelling-house substituted service on a co-resident of suitable age and discretion.

Importantly, N.D.C.C. § 47-32-02 provides a critical statutory fallback for the 3-Day Notice if the tenant cannot be found: 'If the party cannot be found in the county, of which the return of the sheriff or process server is prima facie proof, and no person of suitable age and discretion resides at the premises, the notice may be served by leaving it affixed to the most conspicuous part of the premises and mailing a copy to the party's last-known address.' Note that conspicuous posting plus mailing is valid for the 3-day notice only when supported by the process server's signed return certifying that the tenant could not be found in the county after diligent effort.

Once the three-day notice period expires without the tenant vacating, the landlord commences the summary eviction action. Unlike standard civil lawsuits where a defendant has 21 days to answer, N.D.C.C. § 47-32-02 mandates that the return day (hearing date) specified in the Eviction Summons may not be fewer than 3 days nor more than 15 days from the date on which the summons is issued.

Because the hearing is set within 3 to 15 days of issuance, the service window is extraordinarily tight: if service of the Eviction Summons is made within the county, it must be completed at least 3 days before the scheduled hearing date; if service is made outside the county, it must be completed at least 7 days before the hearing date. Missing that 3-day pre-hearing cutoff forces a continuance or dismissal.

If the tenant cannot be found in the county after diligent search—and our process server's return is prima facie proof of that fact—N.D.C.C. § 47-32-02 allows the Eviction Summons to be served between 6:00 AM and 10:00 PM by leaving a copy at the tenant's last-known place of residence if any person of suitable age and discretion is residing there, or, if no such person is present, by affixing a copy to the most conspicuous part of the premises AND mailing a copy to the tenant's last-known address at least 7 days before the time fixed for appearance.

Under N.D.C.C. § 47-32-04, an action of eviction cannot be brought in a district court in connection with any other action, nor can it be made the subject of a counterclaim, except that the landlord may include a claim for unpaid rent, late fees, or damages arising from the tenancy. If the landlord seeks a money judgment for back rent or property damage in addition to possession, personal or dwelling-house abode service under Rule 4(d)(2) is essential—posting and mailing confers in rem jurisdiction to restore possession of the apartment or rental home, but generally will not support a personal money judgment if the tenant defaults.

Landlords and property managers must also remember N.D.C.C. § 1-08-09: civil process in North Dakota cannot be served on Sunday or any legal holiday. Our dispatchers automatically schedule eviction runs Monday through Saturday between 7:00 AM and 9:30 PM to ensure 100% statutory compliance.