910 N.W.2d 868
N.D.2018Background
- IRET Properties leased Apartment 511 in Williston to Stephanie Lee in July 2017; monthly rent $1,050 plus fees and $24.50 utilities.
- IRET issued multiple lease violation notices (noise, unauthorized pets, bikes, leashing, garbage) and a September 18, 2017 three-day notice of intention to evict for lease infractions after Lee refused to vacate.
- Lee failed to pay October rent on time; on October 9, 2017 IRET served a 3-day notice to pay rent or vacate (including late fees) and filed a summons and complaint.
- Lee paid the October balance within the three-day period but IRET proceeded with eviction; a hearing occurred October 18, 2017 and the district court entered judgment for eviction on October 23, 2017.
- The district court awarded IRET $880 (filing/service/attorney fees, offset by $100 security deposit). Lee appealed pro se, challenging notice compliance, sufficiency of findings, and the fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with N.D.C.C. ch. 47-32 notice prerequisites | IRET: served required three-day notices and summons within statutory 3–15 day window | Lee: IRET failed to follow statutory prerequisites before filing eviction | Held: IRET complied; action properly brought under ch. 47-32 (notice and timing satisfied) |
| Whether payment during 3-day period cured default | IRET: lease preserves landlord remedies; acceptance of rent does not waive right to eviction | Lee: payment cured the breach and barred eviction | Held: Payment did not cure breach under lease terms; default for nonpayment stands |
| Sufficiency of district court findings under Rule 52(a) | IRET: record (exhibits) supports the court’s conclusions despite terse findings | Lee: court failed to make adequate factual findings explaining breaches | Held: Findings were adequate to support default for nonpayment; other alleged breaches not decided in eviction action |
| Award of attorney’s fees and costs | IRET: lease entitles landlord to reasonable attorney’s fees; requested fees supported | Lee: challenged fees as improper | Held: Fee award affirmed as within lease and supported by judgment (total $880 after offsets) |
Key Cases Cited
- Schmitt v. Schmitt, 857 N.W.2d 362 (N.D. 2014) (eviction under ch. 47–32 is expedited and limited to possession issues)
- Sorenson v. Slater, 786 N.W.2d 739 (N.D. 2010) (insufficient findings impede appellate review)
- Abelmann v. SmartLease USA, L.L.C., 856 N.W.2d 747 (N.D. 2014) (Rule 52(a) requires specific findings in bench trials, including evictions)
- Nelson v. Johnson, 778 N.W.2d 773 (N.D. 2010) (standard of review for findings tried without a jury; clearly erroneous test)