N.D.C.C. §§ 47-32-01 through 47-32-05 § 47-32-04
Eviction actions not joinable with other actions - Exception - When counterclaims only interposable.
Operative Text
47-32-04. Eviction actions not joinable with other actions - Exception - When
counterclaims only interposable.
An action of eviction cannot be brought in a district court in connection with any other
action, except for rents and profits accrued or for damages arising by reason of the defendant's
possession. No counterclaim can be interposed in such action, except as a setoff to a demand
made for damages or for rents and profits. If the court finds for the plaintiff in the action, the
court shall enter judgment that the plaintiff have immediate restitution of the premises. Upon a
showing by the defendant that immediate restitution of the premises would work a substantial
hardship on the defendant or the defendant's family, except in cases in which the eviction
judgment is based in whole or in part on a disturbance of the peace, the court may stay the
special execution for a reasonable period, not to exceed five days.Under N.D.C.C. § 47-32-04, an eviction lawsuit in North Dakota district court must stand largely on its own — it cannot be bundled with unrelated legal claims, though claims for unpaid rent, profits, or possession-related damages are permitted alongside it. Counterclaims by the defendant are similarly restricted to offsetting any rent, profits, or damages demands made by the plaintiff. If the court rules in the landlord's favor, it must order immediate return of the property, though a judge may delay enforcement of that order by up to five days if the tenant demonstrates that immediate removal would cause substantial hardship to the tenant or their family — unless the eviction is based in whole or in part on a disturbance of the peace.
Plain English — not legal advice.
Property owners and managers pursuing eviction in North Dakota should be aware that, under § 47-32-04, an eviction action must be kept separate from unrelated civil claims — only claims for accrued rents, profits, or damages tied to the defendant's possession may be joined. Compliant operators typically ensure their court filings are scoped accordingly, avoiding the inclusion of unrelated disputes that could complicate or delay the proceeding. If the court rules in the landlord's favor, a judgment for immediate restitution of the premises is required, though operators should be prepared for the possibility that a judge may grant the tenant a brief stay of up to five days in cases of demonstrated hardship.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 47-32-04, tenants in North Dakota have a limited but meaningful right to raise counterclaims in an eviction proceeding — specifically, as a setoff against any landlord demand for rent, profits, or damages. If a court enters a judgment for eviction, a tenant may ask the court to delay enforcement of the removal order by up to five days by showing that immediate restitution of the premises would cause substantial hardship to the tenant or their family, though this option is not available when the eviction is based in whole or in part on a disturbance of the peace. Tenants seeking to understand how these procedural rules apply to their circumstances may benefit from consulting a tenant-rights organization or legal aid provider familiar with North Dakota housing 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.
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