N.D.C.C. §§ 47-32-01 through 47-32-05 § 47-32-01.1
Defense to an eviction from a mobile home park.
Operative Text
47-32-01.1. Defense to an eviction from a mobile home park.
During an eviction proceeding against a tenant of a mobile home park, a tenant may
present a defense that the landlord violated a provision of section 47-10-28. If the court finds the
landlord violated a provision of section 47-10-28, the court may not order an eviction. In a
second or subsequent eviction proceeding, a tenant only may raise violations that arose after a
prior order between the parties was entered, or violations that were unknown to the court at the
time of the prior order.Under N.D.C.C. § 47-32-01.1, a tenant in a mobile home park who faces an eviction proceeding has the right to raise as a defense that the landlord violated the habitability or conduct requirements found in § 47-10-28. If a court determines that such a violation occurred, it is prohibited from ordering the eviction. In later eviction proceedings between the same parties, this defense is limited to violations that either arose after the prior court order was entered or were not known to the court at that time.
Plain English — not legal advice.
Property owners and managers operating mobile home parks under N.D.C.C. § 47-32-01.1 should be aware that compliance with § 47-10-28 is directly tied to their ability to obtain an eviction order. A compliant operator generally maintains ongoing adherence to § 47-10-28 obligations so that no colorable defense exists in any eviction proceeding. Operators also keep thorough records of maintenance, notices, and any prior court orders, since § 47-32-01.1 limits the scope of defenses in successive proceedings to violations arising after—or unknown at the time of—a prior order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-32-01.1 gives mobile home park tenants a meaningful procedural right: if a landlord has violated § 47-10-28, that violation can be raised as a defense in an eviction proceeding, and a court that finds the violation proven cannot issue an eviction order. Tenants should document any conditions or landlord conduct they believe violate § 47-10-28, since in a second or later proceeding only new or previously unknown violations may be raised. Tenant-rights organizations in North Dakota can help residents understand how this defense applies and what documentation may be relevant to presenting it.
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