# Title 47 — Property

## Chapter 47-32 — Eviction

### § 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.
### § 47-32-01.1. Defense to an eviction from a mobile home park.

During an eviction proceeding against a tenant of a mobile home park, a tenant may
present a defense that the landlord violated a provision of section 47-10-28. If the court finds the
landlord violated a provision of section 47-10-28, the court may not order an eviction. In a
second or subsequent eviction proceeding, a tenant only may raise violations that arose after a
prior order between the parties was entered, or violations that were unknown to the court at the
time of the prior order.
### § 47-32-02. Appearance - Notice of intention to evict - When required - When and how

served.
In any action for eviction the time specified in the summons for the appearance of the
defendant may not be fewer than three nor more than fifteen days from the date on which the
summons is issued. If the person cannot be found in the county, of which the return of the sheriff
or process server is prima facie proof, and service has been attempted at least once between
the hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's
attorney stating that the defendant cannot be found or on belief that the defendant is not in this
state and a copy of the summons has been mailed to the defendant at the defendant's
last-known address if any is known to the plaintiff, service of the summons may be made upon
the defendant by the sheriff or process server posting the summons upon the door of the
residential unit. In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three
days' written notice of intention to evict must be given to the lessee, subtenant, or party in
possession, before proceedings can be instituted. The notice may be served and returned as a
summons is served and returned or, if the party cannot be found, then by the sheriff of the
county or a process server posting the notice conspicuously upon the premises. Service by
delivery of a copy of the summons to the defendant in person within the county must be made at
least three days before the time fixed for the appearance of the defendant. Service elsewhere or
personal service in any other mode must be made at least seven days before the time fixed for
the appearance of the defendant.

### § 47-32-03. Legal representatives may bring eviction actions.

Executors and administrators may bring actions of eviction in the district courts in the same
manner as their testators and intestates, as the case may be.
### § 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.
### § 47-32-05. Sealing of records - Nonpayment of rent - Damage to property - Victim of

domestic violence.
1. A person subject to a court order for eviction for nonpayment of rent or damage to the
leased premises, who has resolved all nonpayment of rent and damage claims, may
move to have all court records relating to the eviction proceedings sealed seven years
after the order for eviction has been satisfied, provided the person has not been
evicted from another property during the seven years following the eviction.
2. An individual who was subjected to domestic violence as defined under section
because of a domestic violence incident may move to have all court records relating to
the eviction proceedings sealed upon the conviction of the assailant for domestic
violence or the issuance of a disorderly conduct restraining order, sexual assault
restraining order, or domestic violence protection order against the assailant.
