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 entering peaceably 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 same 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 therein.
6. A party continues wrongfully in possession after a judgment
in partition or after a sale under an order or decree of a district
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. Sec. 33-06-01.
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 less than three nor more than fifteen days from the date on which
it 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
6:00 p.m. and 10:00 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 33-06-01, 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. Sec. 33-06-02.
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. Sec. 33-06-03.
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, exceptas 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 wouldwork 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. Sec. 33-06-04.
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