N.D.C.C. §§ 47-32-01 through 47-32-05 § 47-32-01
When eviction maintainable.
Operative Text
47-32-01. When eviction maintainable.
An action of eviction to recover the possession of real estate is maintainable in the proper
district court when:
1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual
possession of real property of another and detains the same.
2. A party, after peaceably entering upon real property, turns out by force, threats, or
menacing conduct the party in possession.
3. 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.
4. A lessee, in person or by subtenant, holds over after the termination of the lease or
expiration of the lessee's term, or fails to pay rent for three days after the rent is due.
5. A party continues in possession after a sale of the real property under mortgage,
execution, order, or any judicial process and after the expiration of the time fixed by
law for redemption, or after the execution and delivery of a deed, or after the
cancellation and termination of any contract for deed, bond for deed, or other
instrument for the future conveyance of real estate or equity in the real estate.
6. A party continues wrongfully in possession after a judgment in partition or after a sale
under an order or decree of a district court.
7. 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.
8. The lessee violates a material term of the written lease agreement between the lessor
and lessee.North Dakota Century Code §§ 47-32-01 through 47-32-05 sets out the specific circumstances under which a court-based eviction action may be brought to recover possession of real property. These circumstances include forcible or fraudulent entry, holding over after a lease ends or after failing to pay rent for three days past the due date, remaining in possession after a property sale or deed cancellation, unreasonably disturbing other tenants, and violating a material term of a written lease. The provision establishes that eviction actions must be filed in the proper North Dakota district court, meaning self-help removal is not the legal mechanism for reclaiming possession.
Plain English — not legal advice.
Under N.D.C.C. §§ 47-32-01 through 47-32-05, compliant property owners and managers rely on the district court eviction process rather than self-help measures when seeking to recover possession of their property. Operators generally document lease terms carefully, track rent due dates, and maintain records of any lease violations or disturbance complaints, since these are among the grounds the statute recognizes as supporting an eviction action. When a recognized ground arises—such as a tenant holding over, failing to pay rent for three days after it is due, or violating a material lease term—operators typically initiate the formal court process outlined in 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. §§ 47-32-01 through 47-32-05 defines the limited grounds on which a landlord may bring an eviction action in North Dakota district court, meaning a landlord generally cannot pursue eviction outside of these enumerated circumstances. Tenants who believe an eviction action has been filed on grounds not recognized by this provision, or that proper procedures were not followed, may raise that as a defense in the district court proceeding. Consulting a tenant-rights organization or legal aid service familiar with North Dakota housing law can help tenants understand how the specific grounds listed in this statute may apply to their situation.
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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