47-32-01. When eviction maintainable.
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/nd/title-47/chapter-47-32-eviction/47-32-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.