North Dakota Notice to Vacate

A legally compliant notice to vacate or notice of intention to evict under North Dakota Century Code Chapter 47-32 (Forcible Entry and Detainer) and Chapter 47-16 (Landlord and Tenant). This document provides the correct notice type based on the reason for termination or eviction grounds: three-day notice for nonpayment of rent under NDCC § 47-32-01; thirty-day notice for termination of month-to-month tenancy; and other notices for material breaches or holdover as required.

All user-fillable information is represented using [[Token Name]] placeholders. Fixed statutory language, periods, service methods, rights, and remedies are written in full.

North Dakota requires specific written notice before a landlord may initiate eviction proceedings in district court. Only a court judgment and execution by the sheriff or other authorized officer can lawfully remove a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings without process, or threats of force) are prohibited and may result in damages, penalties, and criminal exposure for the landlord.

Key Statutory Notice Periods (NDCC § 47-32-01 and § 47-32-02)

North Dakota law sets minimum notice periods that must be observed exactly. The notice period begins upon proper service. Deadlines are calculated using consecutive 24-hour periods.

1. Nonpayment of rent requires a three (3) day written notice of intention to evict before proceedings may be instituted.

2. Month-to-month tenancy termination (no cause) requires a thirty (30) day written notice to the other party.

3. For certain other grounds listed in NDCC § 47-32-01 subsections, three days' written notice of intention to evict is required before filing.

4. Notice must be served personally on the tenant, by leaving a copy with a person of suitable age and discretion at the premises, or by posting conspicuously on the premises and mailing a copy by certified or registered mail.

5. The notice must identify the premises, the parties, the basis for the notice, the deadline, and the consequences of noncompliance.

6. After proper notice expires without cure or vacating, the landlord may file a summons and complaint in the district court of the county where the property is located., -

NOTICE TYPE SELECTION GUIDE

Select and use only the applicable notice type. Using an incorrect notice type or insufficient period may invalidate the notice and delay or prevent eviction.

> Deadline computation note: Notice periods are measured in full 24-hour days. Do not count the day of service. If service is by posting plus mailing, additional time for mailing may apply under court rules. Confirm exact calculation with local court practice., -

3-DAY NOTICE TO PAY RENT OR QUIT (Nonpayment of Rent)

STATE OF NORTH DAKOTA
County of [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:

[[Rental Property Full Street Address]]
[[City]], North Dakota [[ZIP Code]]

FROM (Landlord / Authorized Agent):
[[Landlord or Management Company Full Legal Name]]
[[Landlord Mailing Address]]
[[City]], North Dakota [[ZIP Code]]
Phone: [[Landlord Phone Number]]
Email: [[Landlord Email Address]]

YOU ARE HEREBY NOTIFIED that you are in default of your rental agreement and North Dakota law for failure to pay rent when due for the Premises described above.

Rent Owed Detail:

Demand:

You must do one of the following within THREE (3) DAYS after service of this notice:

1. Pay the full amount of rent owed shown above in the sum of $[[Total Rent Owed Amount]] to the Landlord or authorized agent at the location or by the method listed below.

2. Vacate and surrender possession of the Premises, removing all personal property and returning all keys and access devices.

The three (3) day period consists of three consecutive 24-hour periods beginning at the time of delivery, posting, or mailing (plus additional mailing time if applicable). Payment must be actually received by the deadline, not merely promised or mailed.

Deadline to Pay or Vacate: [[Deadline Date and Time, e.g., Close of business three full days after service]]

Payment Instructions:

Pay to: [[Landlord or Agent Full Name]]
Location or Portal: [[Payment Address, Drop Box, or Online Portal Instructions]]
Accepted Forms: [[Cash / Certified Check / Money Order / Electronic Transfer]]

If you fail to pay the full rent owed or vacate the Premises by the deadline, the tenancy will terminate and the Landlord will commence a forcible entry and detainer action (eviction) in the District Court to recover possession of the Premises, unpaid rent, costs, and such other relief as the court may allow.

Right to Cure: You have the right to cure the nonpayment by paying the full amount demanded within the three-day period. If you do so, the tenancy will be reinstated for that default, subject to any other breaches or notices., -

30-DAY NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY (No Cause)

STATE OF NORTH DAKOTA
County of [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
AND ALL OTHER OCCUPANTS

FROM (Landlord / Authorized Agent):
[[Landlord or Management Company Full Legal Name]]
[[Landlord Mailing Address]]
[[City]], North Dakota [[ZIP Code]]

YOU ARE HEREBY NOTIFIED that the Landlord elects to terminate your month-to-month tenancy of the Premises described above pursuant to NDCC § 47-32-01 and § 47-16.

The tenancy shall terminate on the periodic rent-paying date that falls at least thirty (30) days after your receipt of this notice.

Current Periodic Rent Due Date: [[e.g., the 1st day of each month]]

Termination / Vacate Date: [[Specific Termination Date, must be end of a rental period at least 30 days after receipt]]

You must vacate and surrender possession of the Premises in a clean and sanitary condition, with all personal property removed and all keys and access devices returned, no later than 11:59 p.m. on [[Termination Date]].

On or before the Termination Date, please:

1. Remove all personal property, furniture, and belongings from the Premises.

2. Return all keys, garage openers, mailbox keys, fobs, and other access devices to [[Landlord or Agent Name]] at [[Return Address or Location]].

3. Ensure all utilities placed in your name are transferred or canceled effective on or before the Termination Date.

4. Provide a written forwarding address to the Landlord for purposes of security deposit accounting and any final statements.

5. Leave the Premises in the condition required by the lease, reasonable wear and tear excepted.

6. Complete any final walkthrough if requested by the Landlord.

This notice does not allege fault or breach by the tenant. It is a no-cause termination of a periodic tenancy as permitted under North Dakota law. North Dakota does not impose a general statewide just-cause requirement for termination of month-to-month residential tenancies.

Security Deposit: Your security deposit is held by [[Landlord or Agent Name]]. After you vacate and provide a forwarding address, the landlord must return the deposit or provide an itemized statement of deductions within thirty (30) days as required by NDCC § 47-16-07.1.

All rent and other charges due through the Termination Date remain payable. If you remain in possession after the Termination Date without the landlord's written consent, you will be a holdover tenant and the landlord may pursue additional remedies including daily use-and-occupancy charges and eviction., -

TENANT-TO-LANDLORD 30-DAY NOTICE OF TERMINATION (Tenant Initiated)

Date of Notice: [[Date of Notice]]

FROM (Tenant):
[[Tenant Full Legal Name(s)]]
[[Tenant Current Address]]
[[City]], North Dakota [[ZIP Code]]
Phone: [[Tenant Phone]]
Email: [[Tenant Email]]

TO (Landlord / Authorized Agent):
[[Landlord or Management Company Full Legal Name]]
[[Landlord Mailing Address]]
[[City]], North Dakota [[ZIP Code]]

RE: Notice of Termination of Month-to-Month Tenancy at [[Property Address]]

PLEASE TAKE NOTICE that I/we elect to terminate the month-to-month tenancy at the Premises described above.

Termination Date: [[Date at least 30 days after receipt by Landlord, on a rent period end date]]

I/we will vacate and surrender the Premises on or before the Termination Date stated above, in accordance with the terms of the lease and North Dakota law.

I/we request that the security deposit be returned to the following address after final accounting:

Forwarding Address for Deposit: [[Full Forwarding Address for Deposit Refund]]

Tenant Signature(s): _______________________________________________ Date: [[Date]], -

NOTICE FOR MATERIAL LEASE VIOLATION OR OTHER BREACH (Cure or Quit)

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]] and all occupants
Premises: [[Rental Property Full Address]], [[City]], ND [[ZIP]]

FROM: [[Landlord Full Name]]

YOU ARE HEREBY NOTIFIED that you have materially failed to comply with the terms of your rental agreement or with your obligations under N.D.C.C. § 47-16 and § 47-32 in the following respects:

Description of Breach:

[[Provide detailed, specific description of the violation including dates, observations, witnesses if any, and lease sections violated. Example: "On or about [date], an unauthorized pet was observed at the Premises in violation of Section [[Lease Section]] of the Lease. The pet has caused damage to flooring and generated repeated noise complaints from neighbors on [dates]."]]

Required Cure (if the breach is curable):

[[List specific actions required to cure, e.g., "Permanently remove the pet from the Premises by [[Cure Date]] and repair or pay for all documented damage caused by the pet."]]

Deadline:

You must either fully cure the breach as described above no later than [[Cure Deadline Date and Time, reasonable time or as specified in lease]] OR vacate the Premises by that date.

If the breach is not cured within the time allowed, or if the breach is not curable, the tenancy will terminate and the Landlord will initiate eviction proceedings in District Court without further notice., -

SERVICE OF NOTICE

This notice is served by one of the methods authorized under North Dakota law (NDCC § 47-32-02 and applicable rules):

1. Personal delivery to the tenant or party in possession.

2. Leaving a copy with a person of suitable age and discretion at the Premises.

3. Posting a copy in a conspicuous place on the Premises and mailing a copy by certified or registered mail to the tenant at the Premises address.

Method of Service Used:

[[Select and complete one: Personal delivery to [[Tenant Name]] on [[Date/Time]] at [[Location]] / Delivery to [[Name of suitable person]] of suitable age and discretion at Premises on [[Date/Time]] / Posted conspicuously on [[Date/Time]] at [[Location on Premises]] + certified mail postmarked [[Date]] sent to tenant at Premises]]

Server / Process Server Name: [[Full Name of Person Serving Notice]]

Server Signature: _______________________________________________ Date: [[Service Date]]

Mailing Details (if used): Certified Mail Receipt/Tracking No. [[Number]] Postmarked [[Date]] at [[Post Office City]], -

Important Tenant Rights and Protections

1. Tenant may cure nonpayment by full payment within the three-day period for rent notices.

2. Partial payments after notice may be accepted or refused at the landlord's discretion; acceptance does not automatically waive the notice in all cases.

3. Retaliatory eviction is prohibited under North Dakota law.

4. The federal Fair Housing Act prohibits discrimination in eviction actions on the basis of protected characteristics.

5. Servicemembers may have early termination and other protections under the Servicemembers Civil Relief Act (50 U.S.C. § 3955).

6. Victims of domestic violence, sexual assault, or stalking may have early termination rights under applicable state and federal law upon providing required documentation.

7. This notice does not itself remove the tenant. A court judgment for possession and a writ executed by the sheriff or authorized officer are required for lawful eviction.

8. Landlord may not seize, dispose of, or interfere with tenant's personal property except through proper legal process after judgment.

9. Tenant has the right to appear in court and contest the eviction., -

Next Steps for Landlord After Notice Expires Without Compliance

1. Confirm that the full notice period has expired and that no cure or vacation occurred.

2. Prepare and file the Summons and Complaint for Forcible Entry and Detainer in the District Court of the county where the property is located.

3. Serve the court papers in accordance with the North Dakota Rules of Civil Procedure.

4. Attend the scheduled court hearing and obtain a judgment if the tenant does not appear or the court rules in the landlord's favor.

5. Obtain a writ of eviction (writ of execution) and coordinate execution exclusively with the sheriff or authorized officer.

6. Do not engage in any self-help eviction measures at any time before, during, or after the notice period., -

Landlord Certification

I certify that the information contained in this notice is true and accurate to the best of my knowledge. I have a good-faith basis for this action under North Dakota law. I understand that self-help eviction is illegal and that improper service or notice may result in dismissal of any eviction action and potential liability.

Landlord / Authorized Agent Signature: _______________________________________________ Date: [[Date]]

Printed Name: [[Landlord or Agent Full Legal Name]]

Title / Capacity: [[Owner / Property Manager / Authorized Agent]]

Contact for Questions: [[Phone]] | [[Email]], -

End of North Dakota Notice to Vacate

Governing Statutes: N.D.C.C. § 47-32-01 (grounds for eviction and notice); N.D.C.C. § 47-32-02 (appearance, notice of intention to evict, service); N.D.C.C. § 47-16 (Landlord and Tenant general provisions). Procedures, local court rules, and forms must be followed precisely. This is a sample template for reference. Consult a North Dakota-licensed attorney for advice specific to your situation. Not legal advice. Current as of June 2026.

> ⚠️ Template example, not professional (legal/financial/medical) advice. Figures and clauses must be verified for the applicable jurisdiction and kept current. All variable values use [[Token Name]] placeholders.