North Dakota Residential Lease Agreement
A North Dakota lease agreement establishes the rental terms between a landlord and a tenant. They’re an important legal contract that clearly lays out expectations and responsibilities among all parties and serves as the framework by which the rental engagement should function.
Leases typically include:
- The names of all parties
- The address and description of the property
- The rent payment amount and due dates
- The amount of the security deposit and its return procedures
- Maintenance and upkeep responsibilities
Following the lease agreement is imperative for landlords and tenants to avoid conflict or miscommunication during the rental term. TurboTenant’s North Dakota residential lease agreement can help you establish a solid understanding from the jump.
North Dakota Lease Agreement
Current PageTurboTenant's North Dakota lease agreement forms the backbone of a solid landlord-tenant relationship.
North Dakota Landlord-Tenant Law
Landlord-tenant laws govern rentals, and the language used within leases in North Dakota is no different. These specially designed statutes deliver clear rules and regulations regarding what should happen in a rental agreement. They aim to protect both landlords and tenants in the event of disputes or violations.
Because landlord-tenant laws change as soon as you cross state lines, landlords and tenants alike should understand the law of the land. For help, landlords can use TurboTenant’s North Dakota lease agreement template, which has been legally reviewed to adhere to all North Dakota laws.
Required Landlord Disclosures (2)
State and federal law require landlords to disclose information about a rental property, which can also vary from state to state (except for the Lead Paint disclosure, which is federally required).
North Dakota landlords must make the following disclosures to tenants upon signing a rental agreement:
- Lead Paint: According to federal law, North Dakota landlords must disclose the knowledge of any lead-based paint or lead-based paint hazards on properties built before 1978.
- Move-In Checklist: All North Dakota lease agreements must include a checklist outlining the property’s condition when the tenant moves into the unit (NDC § 47-16-07.2).
Security Deposit Regulations
Maximum Security Deposit Amount: In most situations, security deposits are capped at one month’s rent. However, landlords may charge up to two months’ rent for lessees with felony convictions or a judgment against them for violating a previous lease agreement (NDC § 47-16-07.1).
Receipt of Deposit: No law in North Dakota requires landlords to provide a receipt for the security deposit, though it is good practice.
Interest: North Dakota landlords must keep security deposits in a federally insured, interest-bearing account and pay accrued interest to tenants for occupancies longer than nine months (NDC § 47-16-07.1).
Deduction Tracking: Landlords may withhold funds from the security deposit for unpaid rent, cleaning costs, or other repairs beyond normal wear and tear. When returning the remainder of the funds, the landlord must provide a written list itemizing any deductions from the deposit (NDC § 47-16-07.1(3)).
Returning a Tenant’s Security Deposit: The security deposit must be returned within 30 days of the tenant moving out (NDC § 47-16-07.1(3)).
Landlord’s Access to Property
Advance Notice: Landlords in North Dakota must provide advanced notice to enter a tenant’s unit. However, there is no specific timeframe for that notice. Further, landlords may only enter at reasonable times of the day (NDC § 47-16-07.3).
Immediate Access: North Dakota landlords are legally allowed to enter a unit immediately in case of emergency (NDC § 47-16-07.3).
Landlord Harassment: Landlords who repeatedly enter a tenant’s unit without permission could be held liable for landlord harassment. Tenants may be able to recover damages, obtain a court order to prevent future unauthorized entry, and potentially cancel the lease agreement.
Rent Payment Laws
Grace Period: There is no mandatory grace period for rent in North Dakota.
Late Rent Fees: There is no cap on the amount landlords can charge as a late fee for late rent payments, but the lease agreement must clearly state that information.
Tenant’s Right to Withhold Rent: If a landlord doesn’t make a necessary repair after the tenant gives reasonable notice, the tenant may arrange for the repair themselves and deduct the cost from a future rent payment. In some cases, the tenant may also be able to vacate the property and terminate the lease agreement (NDC § 47-16-13).
Breach of Rental Agreement
Missed Rent Payment: Once a tenant misses a rent payment, landlords in North Dakota may issue a 3-day notice to pay or quit (NDC § 47-32-01(4)).
Lease Violation: North Dakota landlords are not required to provide tenants with an opportunity to cure a lease violation; instead, they can issue a 3-day notice to quit (NDC § 47-32-02).
Self-Help Evictions: Landlords wishing to pursue eviction against a tenant should always follow the legal, established process. Landlords who attempt self-help evictions can be subject to civil and legal penalties.
Lease Abandonment: Tenants who end their lease early and without proper cause could be liable for the remainder of the rent on the lease term and other damages regarding the rental agreement. However, North Dakota landlords must mitigate the damages and attempt to re-rent the unit with reasonable effort. Once the unit is rented again, the tenant will only be responsible for the unpaid rent while the unit is vacant (NDC § 47-16-17.1(5)).
Ending a Lease
Month-to-Month: Tenants and landlords in North Dakota can terminate a month-to-month rental agreement by providing at least one calendar month’s written notice (NDC § 47-16-15).
Fixed-Term: Tenants who wish to end a fixed-term lease early must meet a qualifying condition, such as entering active military duty, domestic violence, landlord harassment, or the unit becoming uninhabitable.
Property Abandonment: Landlords must inform tenants of any personal property left behind and give them 28 days to recover it. Landlords may deduct any associated moving or storage fees from the security deposit and return the remainder when the tenant recovers the property. Once the 28 days are up, landlords can dispose of or sell the property and use the funds to cover storage costs, returning the remainder of the sale to the tenant (NDC § 47-16-30.1).
Renewing a Lease
Required Renewals: Landlords are not obligated to renew a tenant’s lease when the lease term ends.
Required Notice: North Dakota landlords must provide tenants with at least one calendar month’s notice when they plan to terminate a month-to-month lease; however, no notice is required upon the expiration of a fixed-term lease (NDC § 47-16-15).
Rent Control & Stabilization
North Dakota does not have rent control or rent stabilization laws. This means landlords can raise the rent to whatever amount they see fit but must notify month-to-month tenants at least 30 days before their intent to increase rent (NDC § 47-16-07).
North Dakota Lease Agreement FAQs
Does a landlord have to provide a copy of the lease in North Dakota?
Landlords are not required to provide tenants with a copy of the lease agreement. However, it is good practice to do so.
What is the grace period for rent in North Dakota?
There is no mandatory grace period for rent in North Dakota.
Can a landlord refuse to renew a lease in North Dakota?
Yes, a landlord can refuse to renew a lease in North Dakota.
Does a North Dakota lease need to be notarized?
North Dakota leases do not have to be notarized, as they are considered legally effective once both parties sign.
Can you withhold rent for repairs in North Dakota?
Tenants can handle necessary repairs and deduct the amount from a future rent payment if landlords do not make reasonable efforts to remedy the problem after receiving notice from the tenant (NDC § 47-16-13).