N.D.C.C. §§ 32-03-27 through 32-03-28 § 32-03-28
Damages for tenant's willful holding over.
Operative Text
32-03-28. Damages for tenant's willful holding over.
For willfully holding over real property by a tenant, after the end of the term and after notice
of intention to evict has been duly given and demand of possession made, the measure of
damages is double the yearly value of the property for the time of withholding, in addition to
compensation for the detriment occasioned thereby.Under N.D.C.C. § 32-03-28, when a tenant remains in a rental property after their lease term has ended and after the landlord has properly given notice of intent to evict and demanded possession, the law sets a specific damages formula. The measure of damages is twice the annual rental value of the property for however long the tenant continues to hold over, plus any additional compensation for actual harm caused by the delay. This provision applies only when the holdover is deemed willful, meaning the tenant's continued occupancy is intentional rather than the result of some agreed-upon extension.
Plain English — not legal advice.
Property owners and managers dealing with a willful holdover situation under N.D.C.C. § 32-03-28 generally ensure that proper written notice of intent to evict and a formal demand for possession are documented and delivered before pursuing enhanced damages. Compliant operators typically keep records of the lease end date, all notices served, and the dates on which the tenant remained in possession beyond the term. Because the damages formula under this section can reach double the yearly property value plus additional detriment compensation, landlords commonly document any financial losses caused by the holdover, such as lost replacement tenants or carrying costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 32-03-28 establishes that a tenant who willfully remains in a property after the lease ends—and after proper eviction notice and demand for possession have been made—may be liable for double the annual value of the property for the holdover period, plus other proven damages. Tenants in this situation may want to review whether the landlord's notice and demand for possession were properly served and legally sufficient, as procedural defects can be relevant to whether the enhanced damages formula applies. Tenant-rights organizations in North Dakota can help explain what 'willful' holdover means under this provision and what options may be available when facing an eviction or a damages claim.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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