What can a landlord do if a tenant is late on rent payments?
In North Dakota, a landlord has a few options when a tenant is late on rent payments. First, the landlord may choose to send a written warning to the tenant letting them know that their rent is overdue and reminding them of their legal obligation to make payment in a timely manner. If the tenant does not make a payment by the date indicated in the warning, the landlord can file a complaint in district court to begin the legal eviction process. The eviction process begins with the landlord filing a complaint in the district court alleging that the tenant has failed to pay rent. If the court approves the complaint, the landlord will be issued a summons ordering the tenant to appear in court to explain why they have not paid rent. At the court hearing, the tenant will have the opportunity to explain why they have not paid and potentially reach an agreement with the landlord relating to the payment of the overdue rent. If the tenant fails to appear at the hearing, the court may enter a default judgment in favor of the landlord authorizing their eviction. If the tenant is found in violation of the terms of the lease, the landlord may be granted a writ of restitution upon request. This writ authorizes the landlord to summon law enforcement officers to physically remove the tenant from the premises if they do not voluntarily comply with the terms of the eviction. Ultimately, it is up to a court to decide whether a tenant remains in a rental unit after falling behind on rent payments, and the landlord has no legal right to remove a tenant from the premises on their own. If a tenant is late on rent payments, it is important to contact a landlord or an attorney right away to learn more about the legal options available.
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