N.D.C.C. §§ 47-17-01 through 47-17-05 § 47-17-04
Three days' notice sufficient for re-entry.
Operative Text
47-17-04. Three days' notice sufficient for re-entry.
Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or
otherwise, such re-entry may be made at any time after the right has accrued upon three days'
previous written notice of intention to re-enter served in the mode prescribed by section
47-17-02.Section 47-17-04 of the North Dakota Century Code establishes that when a lease or other property grant includes a right of re-entry for the grantor or lessor, that right can be exercised once it has legally accrued. Before re-entering, the party seeking re-entry must provide at least three days' advance written notice of their intention to do so, delivered in the manner specified by N.D.C.C. § 47-17-02. This notice requirement applies whenever a contractual or legal right of re-entry exists, regardless of the underlying reason for re-entry.
Plain English — not legal advice.
Under N.D.C.C. § 47-17-04, property owners and managers who hold a contractual right of re-entry generally ensure that the right has actually accrued before attempting to exercise it. Compliant operators typically prepare and serve a written notice of intent to re-enter at least three days in advance, following the service method outlined in § 47-17-02. Maintaining documentation of when and how the notice was served is a common practice among operators seeking to demonstrate procedural compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-17-04 sets a procedural floor that protects occupants by requiring a landlord or grantor to give at least three days' written notice before exercising any right of re-entry, and only after that right has legally accrued. If a re-entry occurs without proper notice as required by this provision, tenants may have grounds to raise the procedural deficiency as a defense in any resulting legal proceeding. Tenants who believe a re-entry was carried out improperly under § 47-17-04 can consult a tenant-rights organization or legal aid office to understand what options may be available to them.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation