N.D.C.C. § 42-02-06 § 42-02-06
Termination of lease by owner under injunction releases property - Notice to tenant.
Operative Text
42-02-06. Termination of lease by owner under injunction releases property - Notice
to tenant.
When leasehold premises are closed under an injunctional order or have been adjudged to
be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days'
notice thereof in writing to the tenant, and after giving such notice, if the owner shall prove to the
court that the owner was without fault, and had not knowingly nor negligently permitted the
keeping or maintaining of the nuisance complained of, the premises shall be turned over to the
owner upon the order of the court. The release of the property shall be upon the condition that
the nuisance shall not be continued and that the return of the property shall not release any lien
upon said property occasioned by any prosecution of the tenant. If the owner appears and pays
all costs of the proceedings and files a bond with sureties to be approved by the court,
conditioned that the owner immediately will abate said nuisance and will prevent it from being
established or kept therein within the period of one year thereafter, the court or the judge, if
satisfied of the owner's good faith, may order that the premises taken and closed be released
and the said order of abatement canceled so far as it may relate to said property.Under N.D.C.C. § 42-02-06, when a rental property has been closed by court injunction or declared a nuisance, the property owner gains the right to end the lease by delivering written notice to the tenant within three days. If the owner can demonstrate to the court that they were not at fault and did not knowingly or negligently allow the nuisance, the court may return the property to the owner subject to conditions — including a prohibition on continuing the nuisance and the preservation of any liens arising from the tenant's prosecution. An owner who pays all court costs and posts an approved bond promising to abate the nuisance and prevent its recurrence within one year may also seek cancellation of the abatement order as it applies to that property.
Plain English — not legal advice.
Property owners dealing with an injunction or nuisance adjudication under N.D.C.C. § 42-02-06 generally document their lack of knowledge of and involvement in the nuisance activity in order to support a court showing of no fault. Compliant operators typically serve the required three-day written termination notice to the tenant promptly and retain records of that service. Owners seeking release of the property also prepare to pay all proceeding costs and, if necessary, arrange a court-approved surety bond committing to abate the nuisance and keep the premises free of it for the following year.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.D.C.C. § 42-02-06, a tenant whose lease is terminated following a nuisance injunction or adjudication is entitled to receive three days' written notice from the owner before the lease is ended. Tenants should be aware that any liens placed on the property as a result of their prosecution are not extinguished simply because the property is returned to the owner. Tenants facing this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand how the court proceedings and any bond conditions could affect their rights and obligations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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