IRET Properties v. Lee

Summary

The North Dakota Supreme Court affirmed an eviction judgment against Stephanie Lee for failure to timely pay rent. The court held that IRET Properties satisfied the notice and procedural prerequisites under N.D.C.C. chapter 47-32, and that payment within the notice period did not remedy the default under the lease terms. The court also concluded the district court’s findings were sufficient and upheld the award of attorney’s fees and costs.

Holdings

1. IRET properly brought the eviction action and complied with the notice and appearance requirements of N.D.C.C. ch. 47-32.
2. The district court's findings were sufficient to support the judgment, and its finding that Lee was in default for failure to pay rent was not clearly erroneous.
3. Lee's payment of the amounts due within the three-day notice did not remedy the breach or waive IRET's contractual right to recover possession.

Questions Presented

1. Whether IRET Properties complied with the prerequisites and notice requirements under N.D.C.C. ch. 47-32 to initiate an eviction action for nonpayment of rent.
2. Whether the district court made sufficient factual findings to support its determination that Lee was in default under the lease.
3. Whether Lee's payment of the rent and other amounts demanded within the three-day notice remedied the breach or waived IRET's right to recover possession.
4. Whether the district court properly awarded IRET attorney's fees and costs.

Disposition

affirmed