§ 42-02-06 — Termination of lease by owner under injunction releases property - Notice to tenant

North Dakota § 42-02-06

• Jurisdiction: North Dakota
• Title 42: Nuisances
• Ch. 42-02: Abatement of Common Nuisance

Text

to tenant.
When leasehold premises are closed under an injunctional order or have been adjudged to
be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days'
notice thereof in writing to the tenant, and after giving such notice, if the owner shall prove to the
court that the owner was without fault, and had not knowingly nor negligently permitted the

keeping or maintaining of the nuisance complained of, the premises shall be turned over to the
owner upon the order of the court. The release of the property shall be upon the condition that
the nuisance shall not be continued and that the return of the property shall not release any lien
upon said property occasioned by any prosecution of the tenant. If the owner appears and pays
all costs of the proceedings and files a bond with sureties to be approved by the court,
conditioned that the owner immediately will abate said nuisance and will prevent it from being
established or kept therein within the period of one year thereafter, the court or the judge, if
satisfied of the owner's good faith, may order that the premises taken and closed be released
and the said order of abatement canceled so far as it may relate to said property.