N.D.C.C. §§ 47-17-01 through 47-17-05 § 47-17-05
Action for possession - Re-entry reserved - No notice required.
Operative Text
47-17-05. Action for possession - Re-entry reserved - No notice required.
An action for the possession of real property, leased or granted with a right of re-entry, may
be maintained at any time after the right to re-enter has accrued, without the notice prescribed
in section 47-17-04.Under N.D.C.C. § 47-17-05, when a lease or property grant includes a contractual right of re-entry, the party holding that right may bring a legal action to recover possession of the property as soon as the triggering condition occurs. Crucially, this provision removes the otherwise applicable notice requirement found in § 47-17-04, meaning the right-holder is not required to give advance notice before filing suit. The rule applies specifically to situations where re-entry rights were expressly reserved in the original lease or grant.
Plain English — not legal advice.
Property owners and managers operating under leases that include a reserved right of re-entry should understand that N.D.C.C. § 47-17-05 permits a possession action to be filed immediately once the re-entry right accrues, without first serving the notice described in § 47-17-04. Compliant operators typically ensure that any re-entry clause is clearly and expressly drafted into the lease or grant document so that this procedural pathway is available. Maintaining thorough records of the lease terms and the circumstances that triggered the re-entry right is a common practice among operators who rely on this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-17-05 means that if a tenant's lease contains a re-entry clause, the landlord may initiate a possession action in court without providing the advance notice that § 47-17-04 would otherwise require. Tenants should carefully review their lease agreements to determine whether such a re-entry clause exists and what conditions could trigger it. Those who believe a possession action has been filed improperly or that the re-entry right has not actually accrued may have grounds to raise that issue as a defense in court, and consulting a tenant-rights organization familiar with North Dakota law can help clarify available options.
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