from the District Court of Williams County, Northwest
Judicial District, the Honorable Joshua B. Rustad, Judge.
L. Nehring and Hernando I. Perez, Williston, ND, for
plaintiff and appellee, appeared on brief. No appearance at
Stephanie Lee, self-represented, Williston, ND, defendant and
VANDEWALLE, CHIEF JUSTICE.
1] Stephanie Lee appealed from a judgment evicting her, and
any other person or persons claiming under her, from her
Williston premises and awarding IRET Properties
("IRET") $880.00 for attorney's fees and costs.
Lee argues IRET failed to perform all the prerequisites under
N.D.C.C. ch. 4732 in order to bring an eviction action
against Lee, and therefore, they were unlawfully evicted. Lee
further argues the district court failed to make sufficient
findings on the issue of default and the district court
improperly awarded IRET attorney's fees and costs. We
conclude IRET properly brought an eviction action against Lee
for failure to pay rent and the district court's findings
are sufficient to sustain its conclusions. We affirm the
2] IRET owns the premises at 4915 11th Ave. West, Apartment
511, Williston, North Dakota, and leased the property to Lee
in July 2017. Lee's monthly rent included $1, 050.00 plus
$5.00 per month for a trash fee and $24.50 for utilities.
3] Between July and September 2017, IRET cited Lee for
several lease infractions including excessive noise during
quiet hours, keeping unauthorized pets in the apartment, and
riding bikes in the apartment building. On September 18,
2017, IRET gave Lee a notice of intention to evict due to
multiple lease infractions. Lee refused to vacate the
premises. On October 6, 2017, IRET cited Lee for two lease
infractions, failing to leash their dogs and leaving garbage
in a public area.
4] Lee failed to pay October's rent on time. On October
9, 2017, IRET served Lee with a "3 day notice to pay
rent or vacate" for failure to pay October's rent,
in addition to $125.00 in late fees. On that same day, IRET
served Lee with a summons and complaint for violation of the
lease by failing to pay rent, and failure to get proper
registration or paperwork for their alleged service
animal[s]. On October 12, 2017, Lee paid $1, 337.63 for
October's rent, late charges, and utilities.
5] A hearing was held on October 18, 2017. On October 23,
2017, the district court entered an eviction judgment against
6] Actions for eviction are governed under N.D.C.C. ch. 4732.
Schmitt v. Schmitt, 2014 ND 225, ¶ 5, 857
N.W.2d 362. This Court has explained:
Section 473202, N.D.C.C., provides for an expedited
procedure, with the defendant allowed between three and
fifteen days to appear and defend in the action. If the court
finds for the plaintiff, the court must enter judgment
granting immediate restitution of the premises to the
plaintiff, but the court may delay execution in case of
hardship for a reasonable period not exceeding five days.
N.D.C.C. § 473204. The statute strictly limits the
parties' ability to combine the eviction with other
claims and precludes the defendant from interposing a
counterclaim, except as a setoff to the plaintiff's claim
for damages, rent, or profits. N.D.C.C. § 473204. The
proceeding is limited to a speedy determination of the right