N.D.C.C. §§ 47-17-01 through 47-17-05 § 47-17-03
Re-entry or action for possession.
Operative Text
47-17-03. Re-entry or action for possession.
After the notice prescribed by sections 47-17-01 and 47-17-02 has been served in the
manner therein directed and the period specified by such notice has expired, but not before, the
landlord may re-enter or proceed according to law to recover possession.Under N.D.C.C. § 47-17-03, a landlord's right to reclaim possession of a rental property is conditioned on two prior steps: proper service of the notice required by §§ 47-17-01 and 47-17-02, and the full expiration of the time period stated in that notice. Only after both conditions are satisfied does the law permit re-entry or the filing of a legal action to recover possession. This provision establishes a mandatory sequence that must be completed before any possessory remedy is available.
Plain English — not legal advice.
Operators subject to N.D.C.C. § 47-17-03 generally ensure that any notice to vacate or quit is served in strict compliance with the methods specified in §§ 47-17-01 and 47-17-02 before taking any steps toward reclaiming the unit. Compliant practice means waiting until the full notice period has run its course — not acting on the day the notice is issued or before the deadline arrives. Documenting the date and method of service helps demonstrate that both prerequisites were satisfied before any re-entry or court filing occurred.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-17-03 provides tenants with a procedural protection: a landlord cannot lawfully re-enter or bring a possession action until proper notice has been served under §§ 47-17-01 and 47-17-02 and the specified waiting period has fully elapsed. If a landlord attempts to reclaim the unit before those steps are complete, that procedural failure may be raised as a defense in any eviction or possession proceeding. Tenants who believe a re-entry or court action was initiated prematurely may wish to consult a tenant-rights organization or legal aid provider familiar with North Dakota landlord-tenant law.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation