47-32 Eviction
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<![CDATA[CHAPTER 47-32EVICTION47-32-01. When eviction maintainable. An action of eviction to recover the possessionof 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<br>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<br>menacing conduct the party in possession.3.A party, by force or by menaces and threats of violence, unlawfully holds and keeps<br>the possession of any real property, whether the possession was acquired<br>peaceably or otherwise.4.A lessee, in person or by subtenant, holds over after the termination of the lease or<br>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,<br>execution, order, or any judicial process and after the expiration of the time fixed by<br>law for redemption, or after the execution and delivery of a deed, or after the<br>cancellation and termination of any contract for deed, bond for deed, or other<br>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<br>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<br>that unreasonably disturbs other tenants' peaceful enjoyment of the premises.8.The lessee violates a material term of the written lease agreement between the<br>lessor and lessee.47-32-02. Appearance - Notice of intention to evict - When required - When andhow served. In any action for eviction the time specified in the summons for the appearance of<br>the defendant may not be fewer than three nor more than fifteen days from the date on which the<br>summons is issued. If the person cannot be found in the county, of which the return of the sheriff<br>or process server is prima facie proof, and service has been attempted at least once between the<br>hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's attorney<br>stating that the defendant cannot be found or on belief that the defendant is not in this state and a<br>copy of the summons has been mailed to the defendant at the defendant's last-known address if<br>any is known to the plaintiff, service of the summons may be made upon the defendant by the<br>sheriff or process server posting the summons upon the door of the residential unit. In all cases<br>arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention<br>to evict must be given to the lessee, subtenant, or party in possession, before proceedings can<br>be instituted. The notice may be served and returned as a summons is served and returned or, if<br>the party cannot be found, then by the sheriff of the county or a process server posting the notice<br>conspicuously upon the premises.Service by delivery of a copy of the summons to thedefendant in person within the county must be made at least three days before the time fixed for<br>the appearance of the defendant. Service elsewhere or personal service in any other mode must<br>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 andadministrators may bring actions of eviction in the district courts in the same manner as their<br>testators and intestates, as the case may be.Page No. 147-32-04.Eviction actions not joinable with other actions - Exception - Whencounterclaims only interposable. An action of eviction cannot be brought in a district court in<br>connection with any other action, except for rents and profits accrued or for damages arising by<br>reason of the defendant's possession. No counterclaim can be interposed in such action, except<br>as a setoff to a demand made for damages or for rents and profits. If the court finds for the<br>plaintiff in the action, the court shall enter judgment that the plaintiff have immediate restitution of<br>the premises. Upon a showing by the defendant that immediate restitution of the premises would<br>work a substantial hardship on the defendant or the defendant's family, except in cases in which<br>the eviction judgment is based in whole or in part on a disturbance of the peace, the court may<br>stay the special execution for a reasonable period, not to exceed five days.Page No. 2Document Outlinechapter 47-32 eviction]]>