what kind of lawyer handle evictions in nd

by Mose Ward 10 min read

ONLY a lawyer licensed to practice in North Dakota can represent a legal entity in an eviction. • Contact the State Bar Association of North Dakota Lawyer Referral Service at (866) 450-9579. • A list of all lawyers licensed to practice in North Dakota is available at ndcourts.gov/lawyers.

What type of attorney handles evictions? Real estate attorneys are sometimes called landlord–tenant or rental attorneys.Jul 6, 2021

Full Answer

Do you need a lawyer to evict someone in North Dakota?

The term “ eviction ” refers to the legal process in which a court can order the removal of a tenant from a rented apartment or home based on a request from their landlord. The landlord must have a justified and specific reason as to why the tenant needs to be evicted. There are many different reasons for why the landlord may want to evict ...

How does the North Dakota State district court eviction process work?

 · A landlord is allowed to evict a tenant for failing to pay rent on time. According to North Dakota law, rent is considered late if it is not received three days after the due date, and eviction notices cannot be served on the tenant until rent is at least three days late. Once rent is past due, the landlord must provide tenants with a 3-Day ...

Do I need a lawyer for an eviction?

A Landlord/Tenant Lawyer Can Help. Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. A landlord/tenant attorney in North Dakota can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your …

Where can I find case law in North Dakota?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage ...

What are eviction laws in North Dakota?

According to North Dakota eviction law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not breach any rules, they can stay until their lease period ends. Often, the landlord may not want to renew the tenant's lease.

Can you get evicted in North Dakota right now?

What do the protections mean for North Dakota renters? Since there are no state-level protections in North Dakota, then for renters: Your landlord can still give you a Notice of Intention to Evict. Your landlord can still file an eviction claim in court against you, and you can get a Summons for Eviction.

How long does an eviction take in North Dakota?

Evicting a tenant in North Dakota can take around two to eight weeks, depending on the reason for the eviction. If tenants request a stay of execution, the process could take longer (read more).

How long does an eviction stay on your record in North Dakota?

An eviction can stay on your public record for at least seven years. After this period, evictions fall off your public records, including your credit report and rental history. Evictions can impact your credit score and your ability to rent, but there are ways to improve your chances of renting after an eviction.

What are squatters rights in North Dakota?

A squatter may be able to claim rights to a property after a certain amount of time residing there. In North Dakota, it takes 20 years of continuous occupation for a squatter to make an adverse possession claim, or 10 years if they have color of title and have been paying taxes on the property (N.D. Cent.

What happens after a 3 day notice?

Three-Day Notice to Pay Rent or Quit As soon as a tenant fails to pay rent, a landlord can give the tenant a three-day notice. This notice must inform the tenant that if the tenant does not pay rent within three days of receiving the notice, then the landlord will begin eviction proceedings against the tenant (see Cal.

Is landlord responsible for tenants unpaid utility bills?

Are Landlords Responsible For Unpaid Utility Bills? Not usually. As long as it is the tenant's name on the bill, and it is stated in the tenancy agreement that tenants are responsible for utilities, landlords are not liable for unpaid bills left over by tenants.

Can you refuse to rent to people with pets?

Landlords can still stop tenants from keeping pets but must offer a reasonable excuse for refusal in writing within 28 days of the tenant's request.

How can I get out of my lease in North Dakota?

To break this rental agreement, the tenant must provide their landlord with a one-week written notice. (§ 47-16-15(1)) Month-to-month leases. Unless both the landlord and the tenant agree to a longer notice period, the tenant must provide the landlord with a one-month notice.

Can you buy a house with an eviction?

In addition to appearing on your credit report, an eviction also shows up on a background check. This could prevent you from getting a job, or being approved to purchase a home or condominium with a homeowners association. To remove an eviction from a background check, find the county where the case was filed.

How long do evictions stay on your record?

seven yearsGenerally, an eviction report will remain part of your rental history for seven years. If you are in the process of applying for a lease, ask the landlord or leasing company to tell you the name of the tenant screening company they use.

What are the pros of renting an apartment?

1) No Maintenance Costs or Repair Bills.2) Access to Amenities.3) No Real Estate Taxes.4) No Down Payment.5) More Flexibility As to Where to Live.6) Few Concerns About Decreasing Property Value.7) Flexibility to Downsize.8) Fixed Rent Amount.More items...

How Does A Landlord Evict A Tenant?

The landlord must provide the tenant with adequate written notice in a specified way and form, which varies by state. If the tenant does not move,...

What Should The Eviction Notice Say?

State laws set out very detailed requirements for landlords who want to end a tenancy. Different types of notices are often required for different...

Can A Landlord Throw The Tenant and His Belongings Out on The Street?

No. The tenant has a few days to move his things and self out of the space. After that, the police can come and forcibly remove the tenant.

What Happens to My Property If The Eviction Occurs When I’M Not Home?

The landlord has a number of options regarding property after the tenant has been evicted. The landlord can retain and store the property for a fee...

What Defenses Does A Tenant Have Against Eviction?

There are a number of defenses a tenant can use to delay or stop an eviction. These include: 1. Warranty of habitability – The landlord has the dut...

Should I Consult A Lawyer About An Eviction?

Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law th...

Can a landlord evict you immediately in North Dakota?

Can a landlord evict you immediately in North Dakota? No, a landlord cannot evict you immediately in North Dakota, and must provide you with at lea...

Can you evict a tenant without a lease in North Dakota?

Can you evict a tenant without a lease in North Dakota? Yes, you can evict a tenant without a lease in North Dakota; however, you must give month-t...

How much does it cost to evict someone in North Dakota?

How much does it cost to evict someone in North Dakota? It costs $80 to evict someone in North Dakota, no matter where the rental unit is located w...

Can you kick someone out of your house in North Dakota?

Can you kick someone out of your house in North Dakota? Yes, you can kick someone out of your house in North Dakota; however, if they paid rent to...

Can a landlord evict someone for no reason in North Dakota?

Can a landlord evict someone for no reason in North Dakota? If a tenant’s lease has expired, then a North Dakota landlord doesn’t need another reas...

Do you need a lawyer for eviction?

There are many situations where you will need the help of a specialized lawyer like in the case of eviction. But you should know that in such a situation , you can’t go on to choose any type of lawyer as in cases of eviction, you will need a lawyer that specializes in eviction.

Can a lawyer file an eviction lawsuit?

In most states, an eviction lawsuit for a lawyer will always take less time in comparison to any other type of regular civil case. But you should know that for expedited treatment, a landlord will need to follow detailed rules like notifying the tenant of the lawsuit and filing accurate papers in the court. If the landlord will miss any of these points then he will not be able to get palpable results from his eviction lawsuit.

Do landlords need eviction lawyers?

If you are a landlord or a tenant, then you will need to work with only those real estate lawyers that have specialization in eviction cases. The attorney that you hire for dealing with the eviction process will provide the highest caliber legal representation in each and every type of case related to tenants and landowners.

What is eviction in North Dakota?

Eviction is an accelerated, or sped up, civil legal action to determine the right to possess the property. The eviction legal action takes place in North Dakota state district court. North Dakota eviction law strictly limits the ability to combine eviction with other claims related to the lease agreement. In North Dakota, a landlord may evict ...

How many grounds can a landlord evict a tenant in North Dakota?

In North Dakota, a landlord may evict a tenant for one or more of the eight grounds (reasons) for eviction allowed by North Dakota law. The eight grounds (reasons) for eviction are: A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same.

What is a lessee in a lease?

A lessee or a person on the premises with the lessee's consent acts in a manner that unreasonably disturbs other tenants' peaceful enjoyment of the premises.

What is unlawful possession?

A party, by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the possession was acquired peaceably or otherwise.

How many grounds are there for eviction?

The eight grounds (reasons) for eviction are:

How long does it take to get evicted in North Dakota?

The eviction process moves very quickly in North Dakota. If you’re served a 3 day notice to evict or a summons and complaint for eviction, consult a lawyer as soon as possible.

Is there a form for civil action in North Dakota?

Forms are not available for every legal issue, circumstance or procedure in a district court civil action. If you do not find a form on this website, the form is not available through the North Dakota Legal Self Help Center. You may need to create legal documents yourself.

What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

What happens if a tenant wins an eviction hearing?

In contrast, if the tenant wins the hearing, then they will continue to enjoy the right to remain on their property. The judge may also order the landlord to pay the tenant’s legal fees and other damages that the tenant may have suffered due to the eviction action.

What to do if tenant forgot to pay rent?

If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.

How long do you have to leave a house if you are not a tenant?

If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.

What happens if you file an eviction notice in a local court?

Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing.

Can a landlord speak to a tenant?

At this point, the landlord can either speak with the tenant directly in hopes that this will clear up the issue and if it does not, then they can move on to the next step.

Is eviction governed by state laws?

As previously mentioned, the eviction process is governed primarily by state laws. Thus, every state will have their own separate requirements and procedures for eviction actions.

What is the eviction code in North Dakota?

For additional questions about the eviction process in North Dakota, please refer to the official legislation, North Dakota Century Code §§ 47-32-01 to 47-32-04, and §§ 47-16-01 to 47-16-27, for more information.

How much does it cost to file an eviction complaint in North Dakota?

As the next step in the eviction process, North Dakota landlords must file a complaint in the appropriate court. In the state of North Dakota, this costs $80 in filing fees.

How long does it take to get a copy of a tenant's complaint?

Posting a copy in a conspicuous place on the rental property (only if all other methods fail) 3-7 days. The summons and complaint must be served on the tenant 3-7 days prior to the eviction hearing.

What are the violations of a lease?

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

What happens if a lease is no longer in effect?

No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.

What happens if a tenant violates a lease?

Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord isn’t required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.

What happens if you stay in a rental unit in North Dakota?

In the state of North Dakota, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

What is an eviction hearing?

The eviction hearing is an examination of the facts and law, presided over by the Judge or Judicial Referee. The landlord and tenant each have an opportunity to tell their side of the facts of the eviction and argue how the eviction laws apply to the situation. The Judge or Judicial Referee weighs the facts and arguments presented by the landlord and tenant and either grants or dismisses the eviction.

What is limited legal representation in North Dakota?

Limited Legal Representation (sometimes called “unbundling”) is a way that an attorney can help you with part of your case while you do the rest of your case. You pay for the part of the case the attorney handled. For example:

What happens if an eviction case is heard?

If the eviction case is heard and decided by a Judicial Referee, the Judicial Referee will issue findings of fact and an order. The Judicial Referee’s findings of fact and order have the same effect as the findings of fact and order of a District Court Judge until superseded by a written order of a District Court Judge.

What is it called when a landlord asks a witness questions?

This is called cross-examination.

What is an opening statement in an eviction?

Often, each side gives an opening statement. An opening statement describes the issues in the eviction and states what the party expects to prove during the hearing.

How long do you have to move out of a house if the judge decides in your favor?

If the Judge or Judicial Referee decides in the landlord’s favor, you will be evicted the same day as the court hearing unless you claim hardship, in which case the Judge or Judicial Referee can give you up to five days to move out.

How long do you have to give notice to evict someone?

If the reason for the 3-day notice of intention to evict is non-payment or late payment of rent, you may pay the full amount of rent and late fees, if any, within the 3-day notice deadline .

What does a real estate lawyer do?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal. You can hire a real estate lawyer as an individual or as a business. A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more. Real estate lawyers can also protect you from issues that result when a known problem was not properly disclosed by the previous owner. Overall, real estate lawyers are an added cost when it comes to buying and selling property, but they also ensure your best interests are met, and that you and the people you are doing business with comply with the law.

How much does a real estate lawyer cost?

The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

Do you need a lawyer to close a home sale?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal.

Overview of Eviction

  • Eviction is an accelerated, or sped up, civil legal action to determine the right to possess the property. The eviction legal action takes place in North Dakota state district court. A tenant can’t be evicted without a court order from a North Dakota state district court. North Dakota eviction law strictly limits the ability to combine eviction wit...
See more on ndcourts.gov

Eviction Informational Guide

  • Forms are not available for every legal issue, circumstance or procedure in a district court civil action. If you do not find a form on this website, the form is notavailable through the North Dakota Legal Self Help Center. You may need to create legal documents yourself. The General-Use forms in the District Court Civil Action Section of this website may be used as a starting point for creati…
See more on ndcourts.gov

Selected Statutes (Laws) & Rules

  • Following are legal research starting points related to evictions. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website. 1. Chapter 14-02.5 of the North Dakota Century Code 2. Chapter 23-10 of the North Dakota Century Code 3. Chapter 47-16 of the North Dakota Century Code 4. Chapter 47-32 of the North Dakota C…
See more on ndcourts.gov

Other Resources

  • Following are other resources related to eviction that may be of interest. 1. Legal Services of North Dakota Housing, Landlord/Tenant and Eviction Education Materials 2. North Dakota Department of Labor – Human Rights Division 3. North Dakota Office of the Attorney General Consumer Resources 4. North Dakota Vulnerable Adult Protective Services (VAPS) 5. S. Depart…
See more on ndcourts.gov