Filing fees, sheriff costs, attorney fees, and lost rent, under N.D.C.C. § 47-16 (Leasing of Real Property)
A North Dakota eviction typically runs $953-$2,799 uncontested and $2,267-$8,835 contested, under N.D.C.C. § 47-16 (Leasing of Real Property). Lost rent is almost always the largest line item.
Evicting a tenant in North Dakota is a process demanding precision. Mistakes cost time and money. This guide outlines the financial and procedural realities for landlords managing 1-20 units in North Dakota. Understanding these costs upfront is critical for risk mitigation.
North Dakota's approach to landlord-tenant law is codified primarily in N.D.C.C. § 47-16 (Leasing of Real Property). This statute controls everything from lease agreements to the specific procedures for eviction, known as "forcible detainer" actions in North Dakota. Unlike some states with complex just-cause eviction requirements, North Dakota does not have a statewide just-cause eviction statute. This simplifies some aspects for landlords but places a higher burden on strict adherence to notice periods and court procedures.
Key regulators for eviction actions are the North Dakota District Courts. Each county's District Court handles forcible detainer cases. There isn't a separate housing court. This means you're dealing with general civil procedure rules, which can be less specialized than in jurisdictions with dedicated housing dockets. Self-representation is possible but often ill-advised given the potential for procedural missteps.
For a landlord with 1-20 units, the practical bottom line in North Dakota is this: expect to spend money, and expect the process to take time. A swift, uncontested eviction for non-payment of rent can still cost upwards of $1,000 to $2,500 in legal fees and court costs, assuming no significant complications. This figure does not include lost rent, property damage, or the cost of re-renting the unit.
The timeline is equally important. Even with a 3-day non-payment notice, the entire process from notice delivery to tenant removal can easily extend to 30-60 days. Contested cases or those requiring a sheriff's lockout will take longer. Don't expect a resolution in less than a month, even under ideal circumstances.
Eviction costs in North Dakota break down into several categories:
Don't attempt to self-help evict. This means no changing locks, no turning off utilities, and no removing a tenant's property without a court order. These actions are illegal in North Dakota and can expose you to significant liability, including monetary damages and legal fees for the tenant. A common landlord mistake is assuming that because a lease has expired or rent is unpaid, they can simply remove the tenant. This is false. A court order is always required for removal.
Do engage legal counsel early. An attorney specializing in landlord-tenant law can ensure notices are correctly drafted and served, court filings are accurate, and all procedural requirements are met. This upfront investment significantly reduces the risk of dismissal, delays, and potential counterclaims from the tenant.
North Dakota mandates specific notice periods before an eviction action can even begin:
Improper notice is a frequent cause for eviction case dismissal. Ensure your notices are clear, accurately state the reason for eviction, and are served according to statutory requirements. For example, simply slipping a notice under a door may not constitute proper service in all cases.
As of recent legislative sessions (2024-2026), North Dakota has seen ongoing discussions, though no major overhauls, regarding landlord-tenant law. While no specific, sweeping changes to eviction procedures have been enacted, legislative bodies routinely consider bills related to tenant protections, security deposit regulations, and notice periods. Landlords should monitor legislative updates from sources like the North Dakota Legislative Council website. For example, proposals to adjust the security deposit cap or modify notice requirements for specific situations (e.g., domestic violence victims) are common points of discussion. Staying informed is crucial, as even minor amendments can affect procedural requirements and costs.
Understanding the strict procedural requirements, anticipated costs, and timelines in North Dakota is essential for any landlord. Proactive management, clear communication with tenants, and adherence to legal processes minimize financial exposure and expedite necessary evictions.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75-$200 | $150-$350 |
| Court filing fee | $75-$150 (N.D.C.C. § 47-16 (Leasing of Real Property)) | |
| Process server | $75-$200 | |
| Attorney fees | $500-$2,500 | |
| Sheriff / constable lockout | $40-$125 | |
| Lost rent during process | $538-$1,024 (21-40 days @ $768/mo) | $1,152-$2,560 (45-100 days) |
| Cleaning, repairs, re-leasing | $800-$2,200 | $1,100-$5,200 |
| Total scenario | $953-$2,799 | $2,267-$8,835 |
North Dakota evictions present specific challenges and costs. Understand these local notes to avoid common pitfalls. The primary statute governing landlord-tenant relations is N.D.C.C. § 47-16 (Leasing of Real Property). This is your foundation. Deviations from it increase your costs and timeline.
For non-payment of rent, North Dakota requires a 3-day notice. This means the tenant has three full days to pay or vacate. Do not count the day of service. Do not count weekends or holidays if the third day falls on one. The notice must be properly served. Personal service is best. Certified mail with return receipt is acceptable but adds a layer of delay and cost. Factor in postage and printing for these notices. If you use a process server, expect to pay $50 to $100 per service attempt, depending on location and time of day.
North Dakota has no statewide "just-cause" eviction requirement for lease violations beyond non-payment. For month-to-month tenancies, a 30-day no-cause notice is standard. This notice must be in writing and delivered to the tenant at least 30 days before the next rent due date. Improper notice invalidates your eviction action. This is a common trap. A notice delivered on May 15th for a June 1st tenancy is only effective for July 1st. You lose a month's rent and add 30 days to your timeline.
The first cost you will encounter after proper notice is the filing fee for a Summons and Complaint. In North Dakota, this is a uniform statewide fee, currently $80 for a small claims or eviction action. This fee is non-refundable, regardless of the outcome. After filing, the Summons and Complaint must be served. Again, personal service is preferred. A sheriff's deputy or private process server will charge for this service. Sheriff's fees typically run $35-$75, while private servers can charge more. Ensure service is done correctly; improper service is grounds for dismissal, forcing you to refile and pay new fees.
North Dakota courts generally move quickly on eviction cases once filed. The tenant typically has 3-10 days to respond to the summons, depending on how it's worded and served. A contested eviction will lead to a hearing. Uncontested, you can seek a default judgment for possession. Legal fees for contested cases escalate rapidly. Expect hourly rates from attorneys to be $200-$350. Even a simple hearing can cost $500-$1000 in legal fees.
North Dakota caps security deposits at 1.00 month's rent. This is a strict limit. Do not charge more. Landlords must return the security deposit or provide a written, itemized statement of deductions within 30 days of the tenant vacating the premises. Failure to do so can result in the landlord being liable for treble damages (three times the amount wrongfully withheld) plus attorney's fees. This is a significant financial risk. Keep meticulous records of property condition before and after tenancy. Don't do a verbal explanation of deductions. Do send a detailed, written breakdown within the 30-day window.
A common landlord mistake involves deducting for "normal wear and tear." North Dakota law, like most states, prohibits this. You can only deduct for actual damages beyond normal use. For example, a stain on a carpet that requires professional cleaning is deductible. Fading paint from sunlight is not. Always err on the side of caution with deductions. A tenant suing for wrongful withholding can turn a few hundred dollars in claimed damages into thousands in court costs and penalties against you.
If you obtain a judgment for possession, the tenant still may not leave. You then need to request a Writ of Restitution from the court clerk. This costs an additional $5-$10 filing fee. This writ authorizes the sheriff to physically remove the tenant. The sheriff will charge a fee for this service, typically another $50-$100. They will also require you to be present with movers to remove the tenant's belongings. This means additional costs for labor and storage if the tenant's property is substantial. Expect to pay movers at least $150-$300 per hour for a crew.
As of recent legislative sessions, North Dakota lawmakers have considered various housing-related bills, though significant overhauls to eviction procedures have been less common than in some other states. Discussions often center on tenant protections regarding habitability standards or landlord responsibilities for property maintenance. Landlords should monitor legislative developments, particularly those concerning the definition of "unfit and uninhabitable" conditions, as new interpretations or requirements could impact a landlord's ability to evict for lease violations related to tenant damage or neglect. While no major changes to notice periods or filing fees have been enacted recently, proposed bills sometimes aim to extend notice periods or introduce mediation requirements before eviction filings. Staying informed through the North Dakota Legislature's website or local landlord associations is prudent.
Each step in the North Dakota eviction process carries a cost. Proper documentation, strict adherence to notice periods, and understanding security deposit rules minimize these costs. Rushing or cutting corners almost always results in greater expense and delay.
Every dollar spent on tenant screening saves roughly $15-$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a North Dakota landlord can make.
See our tenant screening guide for North Dakota for the 5-point protocol used by NextGen Properties.
$2,200 to $5,000 all-in.
$80.
14 to 30 days.
No.
Eviction usually wins given the low cost.
Informational only, not legal advice. Consult a licensed North Dakota attorney. Source attribution in the Sources band below.
