WeVote
Log In

Bill

Bill

SB 2366

A BILL for an Act to amend and reenact section 47-32-02 of the North Dakota Century Code, relating to the contents of a notice of intention to evict.

69th Legislative Assembly (2025-26) Introduced by Ryan Braunberger

Requires eviction notices to include legal‑assistance contact information and clarifies service methods/timings to improve tenant access to help.

Second reading, failed to pass, yeas 8 nays 37
0
WeVote Research Nonpartisan
Bill Summary · SB 2366

Summary — SB 2366 (North Dakota)

A bill to amend and reenact Section 47‑32‑02 of the North Dakota Century Code, concerning the required contents of a written notice of intention to evict and related service and timing rules.

Purpose

To update and clarify statutory requirements for eviction procedure — specifically the timing and methods of service for eviction summons/notices and to require that certain eviction notices include information about available legal services for tenants, with contact information for a nonprofit that assists low‑income and elderly residents.

Key provisions and changes

  • Appearance timing (subsection 1)

    • Confirms the defendant’s appearance date in an eviction summons must be not fewer than 3 and not more than 15 days from issuance.
    • If the defendant cannot be found in the county, after affidavit by the plaintiff/attorney and at least one attempted service between 6:00 p.m. and 10:00 p.m., and a mailed copy to the defendant’s last known address (if any), the sheriff or process server may effect service by posting the summons on the door of the residential unit.

  • Notice of intention to evict (subsection 2)

    • For cases arising under subsections 4, 5, 6, and 8 of NDCC §47‑32‑01, a written three‑day notice of intention to evict must be given to the lessee, subtenant, or party in possession before instituting proceedings.
    • The required notice must include information about the availability of legal services the lessee/subtenant/party in possession may use, including contact information for a nonprofit in the state that provides legal services and assistance to low‑income and elderly residents.

  • Service methods and timing (subsection 3)

    • The notice may be served and returned in the same manner as a summons, or, if the party cannot be found, by the sheriff or process server posting the notice conspicuously on the premises.
    • Personal delivery within the county must occur at least 3 days before the appearance date; service elsewhere or by other modes of personal service must be at least 7 days before the appearance date.

Who is affected

  • Tenants, subtenants, and parties in possession — will receive notices that must include legal‑assistance contact information in specified eviction types.
  • Landlords, property managers, and plaintiffs in eviction actions — must ensure notices include the required legal‑assistance information and follow the clarified service procedures and timing.
  • Sheriffs and process servers — additional explicit authority and requirements for posting notices/summons when defendants cannot be located.
  • Legal aid and nonprofit organizations — may see increased referrals and demand for tenant assistance.

Procedural/timeline aspects / Status

  • Introduced to the North Dakota Senate: March 12, 2025.
  • Status reported at top of the provided materials: second reading — failed to pass (yeas 8, nays 37).
  • Note: the provided document packet also contains text from an unrelated Illinois bill (also numbered SB2366). This summary addresses the North Dakota SB2366 text that amends NDCC §47‑32‑02; procedural notations in the packet appear to conflate multiple bills and jurisdictions.

Potential impacts

  • Likely to improve tenant awareness of legal resources in short‑notice eviction situations, particularly for low‑income and elderly tenants.
  • Imposes a modest administrative requirement on landlords to include legal‑service contact information in specified notices.
  • Clarifies and slightly expands acceptable methods for effecting service when a defendant cannot be located (including night‑time attempt requirement and mailing), which may affect how sheriffs and process servers document service attempts.

If you’d like, I can:
- Extract the exact statutory language changes line‑by‑line, or
- Compare this amendment to current NDCC §47‑32‑02 (showing added/removed text).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.