North Dakota Eviction LawPosted by Christopher Berkompas in North Dakota
Note: I am not a lawyer, and this does not constitute legal advice.
What constitutes grounds for eviction?
As with most states, a tenant may be evicted for the following reasons: (1), not paying rent, (2) over-staying the lease, (3) doing substantial harm to the property, or (4) otherwise seriously breaching the rental agreement.
What is the process for evicting a tenant?
First, the landlord must serve the tenant a notice to quit at least three (3) days in advance of taking any legal action. This merely notifies the tenant of the landlord's intentions, but does not legally require the tenant to leave immediately.
Second, the landlord will file a complaint with the court, and within 14 days, a hearing will be held on the case. If the landlord wins, the court will order the tenant to vacate, and if the tenant fails to do so, the court will authorize the local sheriff to forcibly remove him.
Can a tenant be evicted for the actions of a roommate or guest they let into their rental unit?
A tenant is responsible for keeping the property in good repair and not recklessly damaging it. If a guest does damage the property, and the tenant fails to fix the problem, this might serve as grounds for eviction.
Can a tenant be evicted in the winter?
Contrary to popular opinion, tenants can actually be evicted in the winter.
Can a tenant be evicted without a hearing?
The only proper method to evict a tenant is through the court system, which always includes a hearing. So, yes, a tenant can only be evicted with a hearing.
Can a tenant be served a pay or quit notice because of unpaid late fees?
Yes. However, in order to be charged, late fees must be allowed by the lease agreement.
Do tenants have a right to be informed of the reason that they are being evicted?
The landlord is generally required to give his reasons for the eviction proceeding in his notice to quit, in order to give the tenant a last chance to remedy the situation.
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