North Dakota residential lease agreement

This page states no North Dakota rule on application or screening fees. The review behind this page recorded none in chapters 47-16 and 47-32, and no other North Dakota law on the subject was read.

State housing law generally bars rental denials or unequal terms because of race, color, religion, sex, disability, age, familial status, national origin, or status regarding marriage or public assistance. Under a no-pets policy you may require reliable documentation of a tenant's disability and the disability-related need for a service or assistance animal, but not when the disability or the need is readily apparent or already known to you.

N.D.C.C. § 14-02.5-02(1), (2) N.D.C.C. § 47-16-07.5

• For the state age protection, the supplemental human-rights definition means age 40 or older; Fargo's fair-housing guidance uses that threshold. This definition does not replace familial-status protections, the specific statutory exceptions or independent nondiscrimination duties. N.D.C.C. 14-02.4-02(1); 14-02.5-01 City of Fargo, fair housing guidance
• Public-assistance status includes receiving federal, state or local assistance, including medical assistance, and being a tenant receiving government subsidies, including rental assistance or rent supplements. Review assistance as part of lawful, consistent screening rather than treating its receipt itself as a reason to reject an applicant. N.D.C.C. 14-02.4-02(19); 14-02.5-01, 14-02.5-02
• Advertisements may not express discriminatory preferences, and you may not falsely say housing is unavailable on a protected basis. N.D.C.C. § 14-02.5-03, 14-02.5-04
• Reasonable disability accommodations and necessary modifications at the resident's expense are protected, with qualified restoration and accessibility rules. N.D.C.C. § 14-02.5-06
• In state housing programs, an otherwise qualified applicant or tenant cannot lose housing or assistance because of being a victim of domestic violence, dating violence, sexual assault or stalking. N.D.C.C. § 14-02.5-02(3)
• Check the specific state exceptions before applying this summary. Independent state and federal nondiscrimination duties remain applicable. N.D.C.C. § 14-02.5-02(4), (5) N.D.C.C. § 14-02.5-09 to 14-02.5-12
• The documentation may come from a physician or medical professional who does not operate in North Dakota solely to provide certification for service or assistance animals. N.D.C.C. § 47-16-07.5
• Knowingly making a false claim of a disability, or giving fraudulent documentation, to get such an accommodation is an infraction; after a guilty plea or conviction you may evict the tenant and recover a damage fee of up to $1,000. N.D.C.C. § 47-16-07.6
• No pet security deposit may be charged for such an animal. N.D.C.C. § 47-16-07.1(2) See Security deposit limit on the North Dakota page

Chapter 47-16 requires a signed statement of the premises' condition with every rental agreement, and written notice before you can enforce an automatic renewal clause. Federal disclosures, such as lead-based paint, and any other North Dakota disclosure law were not read for this page.

N.D.C.C. § 47-16-07.2 N.D.C.C. § 47-16-06.1

• The condition statement must be agreed to and signed by you and the tenant. N.D.C.C. § 47-16-07.2 See Move-in condition statement on the North Dakota page
• An automatic renewal clause in a lease of two months or more needs your written notice at least 30 days before the term expires. N.D.C.C. § 47-16-06.1 See Automatic renewal clauses on the North Dakota page

This page states no North Dakota flood disclosure rule. The review behind it recorded none, and no other law on the subject was read.

This page states no North Dakota rule on disclosing the owner's or manager's identity. The review behind it recorded none, and no other law on the subject was read.

You may not demand or receive security, however it is labeled, of more than one month's rent. A pet security deposit is capped by its own rule: the greater of $2,500 or two months' rent.

N.D.C.C. § 47-16-07.1(1) N.D.C.C. § 47-16-07.1(2)

• You may take up to two months' rent from a tenant convicted of a felony offense, as an incentive to rent to that tenant, or from a tenant against whom a judgment was entered for violating a previous rental agreement. N.D.C.C. § 47-16-07.1(1)
• No pet security deposit may be charged for a service animal or a companion animal that a tenant with a disability needs as a reasonable accommodation. N.D.C.C. § 47-16-07.1(2) See Fair housing and assistance animals on the North Dakota page
• A party who was induced to enter a lease by fraudulent misrepresentations may end it and recover any security deposit with its accrued interest. N.D.C.C. § 47-16-07.4

Within 30 days after the lease ends and the tenant delivers possession, deliver or mail to the last address the tenant furnished an itemized list of anything you kept, with the amount due and a written notice stating any amount the tenant still owes or the refund due.

N.D.C.C. § 47-16-07.1

• You may apply the deposit and its interest to damage caused by the tenant's pet or by the negligence of the tenant or a guest, to unpaid rent, and to cleaning or repairs that were the tenant's responsibility and are needed to return the home to its move-in condition, reasonable wear and tear excepted. N.D.C.C. § 47-16-07.1
• Withholding deposit money without reasonable justification makes you liable for treble damages. N.D.C.C. § 47-16-07.1(4)
• If you transfer the property, the deposit and accrued interest pass to the new owner, and you stay liable until they do. N.D.C.C. § 47-16-07.1
• Deposit money the tenant does not claim within one year after the lease ends falls under the state's unclaimed property reporting rules, which this page did not read. N.D.C.C. § 47-16-07.1(3)
• When a tenant ends a lease for domestic violence and only the tenant and the tenant's minor children are on the lease, the return deadline runs from the first day of the month after the tenant vacates; if other tenants remain bound by the lease, it runs from the lease's expiration. N.D.C.C. § 47-16-17.1 See Ending a lease for domestic violence on the North Dakota page

Keep the deposit in a federally insured, interest-bearing savings or checking account for the tenant's benefit. The deposit and its interest go back to the tenant, except that you need not pay interest if the tenant's occupancy lasted less than nine months.

N.D.C.C. § 47-16-07.1(1)

• The accrued interest follows the deposit: it may be applied to lawful deductions and passes to a new owner on a transfer. N.D.C.C. § 47-16-07.1 See Returning the deposit on the North Dakota page

When you enter into a rental agreement, give the tenant a statement describing the condition of the facilities in and about the premises, agreed to and signed by you and the tenant. This applies to every rental agreement, whether or not you take a deposit.

N.D.C.C. § 47-16-07.2

• The signed statement serves as prima facie proof of the condition of the premises when the tenant moved in, which matters later when you make deductions from the deposit. N.D.C.C. § 47-16-07.2 See Returning the deposit on the North Dakota page

You may not charge a tenant a fee for accepting payment by cash, check or money order. Chapters 47-16 and 47-32 set no late fee cap and no grace period, so any late fee and grace period come from your lease.

N.D.C.C. § 47-16-20.1 N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32

• Both chapters were read whole, and no section in them caps a late fee or requires a grace period before one is charged. N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32

Chapters 47-16 and 47-32 set no returned-payment fee. Their bar on fees for accepting cash, a check or a money order does not address a charge for a payment that comes back unpaid. Other North Dakota law on dishonored checks was not read.

N.D.C.C. § 47-16-20.1 N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32

In a month-to-month tenancy you may change the lease terms, such as the rent, by written notice at least 30 days before the end of a month. The change takes effect at the end of that month, and the notice may be served in any reasonable manner that actually informs the tenant.

N.D.C.C. § 47-16-07

• After such a notice, the tenant may end the lease at the end of that month by giving at least 25 days' notice. N.D.C.C. § 47-16-07 N.D.C.C. § 47-16-15
• No city, county or other political subdivision may adopt rent control. N.D.C.C. § 47-16-02.1 See Rent control and local rules on the North Dakota page
• Use the letter to show exactly what changes. For example, moving from $1,200 to $1,260 means a $60 monthly increase; this illustrates the calculation, not a legal limit. Identify the home and tenants, state the proposed rent and effective date, and calculate delivery against the month-end rule above. Keep a copy and a record showing the tenant was informed. Track any negotiation and the tenant's separate notice of leaving before updating the rent ledger or planning a vacancy. A negative reply alone should not be treated as the completed notice process. N.D.C.C. § 47-16-07 See Ending a month-to-month tenancy on the North Dakota page

N.D.C.C. 47-16-07.3 sets no notice period in hours. Outside the listed exceptions, enter only during reasonable hours and in a reasonable manner and, unless it is impractical, only after notifying the tenant and getting consent to a time certain, which the tenant may not unreasonably withhold.

N.D.C.C. § 47-16-07.3

• You may enter at any time in an emergency, or when you reasonably believe the tenant has abandoned the home or is in substantial violation of the lease. N.D.C.C. § 47-16-07.3
• Entry is for inspecting, making necessary or agreed repairs, decorations, alterations or improvements, supplying necessary or agreed services, or showing the home to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workers or contractors. N.D.C.C. § 47-16-07.3
• Consent is presumed if the tenant does not object after notice of your intent to enter at a time certain. N.D.C.C. § 47-16-07.3
• Notice may be given by personal service, by posting it in a conspicuous place in or about the home for a reasonable time, or by any other method that gives the tenant actual notice. N.D.C.C. § 47-16-07.3
• You may not abuse the right of access or use it to harass or intimidate the tenant. N.D.C.C. § 47-16-07.3 See Retaliation on the North Dakota page

Comply with building and housing codes materially affecting health and safety, and make all repairs and do whatever is necessary to put and keep the premises fit and habitable. For any duty other than code compliance, you have a reasonable time to fix a failure.

N.D.C.C. § 47-16-13.1

• Keep common areas clean and safe, and keep in good and safe working order the electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances you supply or must supply, including elevators. N.D.C.C. § 47-16-13.1
• Provide waste receptacles and arrange for removal, and supply running water, reasonable amounts of hot water at all times and reasonable heat, unless the building is not required by law to have them, the heat or hot water comes from an installation the tenant controls on a direct utility connection, or a public utility's supply fails. N.D.C.C. § 47-16-13.1
• The tenant must keep the part of the premises the tenant occupies as clean and safe as its condition permits, dispose of waste, keep plumbing fixtures clean, use facilities and appliances reasonably, not damage the premises or knowingly let anyone else do so, and not disturb neighbors. N.D.C.C. § 47-16-13.2
• The tenant must use ordinary care to preserve the premises and repair deterioration or injury caused by the tenant's ordinary negligence. N.D.C.C. § 47-16-09 N.D.C.C. § 47-16-10
• A lease may assign repairs or maintenance to the tenant only in limited ways: for a single-family residence, by a written agreement made in good faith; for any other dwelling unit, only by a separate writing signed by the parties and supported by adequate consideration, never for work needed to cure a failure to provide waste receptacles and removal, and without reducing your duties to other tenants. N.D.C.C. § 47-16-13.1(4) N.D.C.C. § 47-16-13.1(5)
• In an action to enforce sections 47-16-13.1 through 47-16-13.6, the court may award attorney's fees to the prevailing party. N.D.C.C. § 47-16-13.6

If you neglect, within a reasonable time after the tenant's notice, to repair dilapidations you ought to repair, the tenant may make the repairs and deduct the cost from the rent, recover it in any other lawful way, or move out and be discharged from further rent and other conditions of the lease.

N.D.C.C. § 47-16-13

This page states no North Dakota rule on locks or security devices. The review behind it recorded none, and no other law on the subject was read.

North Dakota's smoke and carbon monoxide alarm rules were not read for this page, so no duty is stated here.

No one may refuse to rent, refuse to negotiate, make a dwelling unavailable, deny it or otherwise retaliate in renting against a person solely because a tenant or applicant, or a household member, used the domestic violence termination right. You also may not use the right of entry to harass or intimidate a tenant.

N.D.C.C. § 47-16-17.1(10) N.D.C.C. § 47-16-07.3

• No broader retaliation rule was found in chapters 47-16 and 47-32; other North Dakota law was not read. N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32

This page states no North Dakota rule on lockouts or utility shutoffs. The review behind it recorded none, and no other law on the subject was read.

• Your duty to supply running water, reasonable hot water and reasonable heat is part of your maintenance duties. N.D.C.C. § 47-16-13.1 See Repairs and habitability on the North Dakota page

Either party may end a month-to-month tenancy with at least one calendar month's written notice, given at any time, and rent is owed through the termination date. If a lease has converted to a month-to-month tenancy, it ends on the last day of a month.

N.D.C.C. § 47-16-15(2) N.D.C.C. § 47-16-15

• If the tenant stays after the lease expires and you accept rent, the lease is presumed renewed as a month-to-month tenancy, unless it has an automatic renewal clause. N.D.C.C. § 47-16-06 See Automatic renewal clauses on the North Dakota page
• A lease term requiring the tenant to give notice of more than one month from the end of a month binds the tenant only if the tenant initialed it. Without the initials, the tenant may end the lease on the last day of a month with one calendar month's notice. N.D.C.C. § 47-16-15(4)

A tenant may end a lease early for domestic violence, and a surviving tenant or the estate may end it after a tenant's death. A tenant evicted according to law stays liable for rent for the rest of the term, subject to your duty to mitigate damages.

N.D.C.C. § 47-16-17.1 N.D.C.C. § 47-16-18 N.D.C.C. § 47-16-13.7

• On a tenant's death, any surviving tenant or the deceased tenant's estate may end the lease on the last day of the month after the month of death, unless the term ends sooner. N.D.C.C. § 47-16-18
• The domestic violence termination right has its own notice, rent and confidentiality rules. N.D.C.C. § 47-16-17.1 See Ending a lease for domestic violence on the North Dakota page
• A party induced to enter the lease by fraudulent misrepresentations may end it. N.D.C.C. § 47-16-07.4
• Destruction of the leased property ends the lease. N.D.C.C. § 47-16-14(4)

An eviction action may be brought once rent is unpaid for three days after it is due. Before filing, serve three days' written notice of intention to evict.

N.D.C.C. § 47-32-01(4) N.D.C.C. § 47-32-02

• Serve the notice the way a summons is served or, if the tenant cannot be found, have the sheriff or a process server post it conspicuously on the premises. N.D.C.C. § 47-32-02
• Chapters 47-16 and 47-32 give the tenant no right to stop the eviction by paying after the notice. N.D.C.C. § 47-32-01(4) N.D.C.C. § 47-32-02
• How a summons is served is set by the court rules, which this page did not read. N.D.C.C. § 47-32-02

Violating a material term of the written lease is a ground for eviction after three days' written notice of intention to evict, served the same way as the notice for unpaid rent. Chapters 47-16 and 47-32 set no cure period.

N.D.C.C. § 47-32-01(8) N.D.C.C. § 47-32-02

• Unreasonably disturbing other tenants' peaceful enjoyment, by the tenant or by someone on the premises with the tenant's consent, is also a ground for eviction, and the three-day notice is not required for it. N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-02
• You may also end the lease early if the tenant uses the premises contrary to the lease, or does not make repairs the tenant is bound to make within a reasonable time after you ask. N.D.C.C. § 47-16-16

Eviction is a court action under chapter 47-32. Grounds include rent unpaid three days after it is due, holding over after the lease ends, violating a material lease term and unreasonably disturbing other tenants; all but a disturbance need three days' written notice of intention to evict first.

N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-02

• An eviction action cannot be joined with other claims, except for rents and profits accrued or damages arising from the tenant's possession, and a counterclaim is allowed only as a setoff to such a claim. N.D.C.C. § 47-32-04
• If you win, the judgment is for immediate restitution of the premises. On a showing of substantial hardship the court may stay the special execution for up to five days, unless the judgment rests in whole or in part on a disturbance of the peace. N.D.C.C. § 47-32-04
• The case is brought in the proper district court. N.D.C.C. § 47-32-01 N.D.C.C. § 47-32-04
• Chapter 47-32 also has a section on sealing eviction court records; its terms are not summarized here. N.D.C.C. § 47-32-05
• A tenant evicted according to law stays liable for rent for the rest of the term, subject to your duty to mitigate damages. N.D.C.C. § 47-16-13.7

You may keep and dispose of property with a total estimated value of $2,500 or less, without legal process, 28 or more days after you get actual notice that the tenant has vacated or 28 or more days after it reasonably appears that the tenant has vacated.

N.D.C.C. § 47-16-30.1

• You are entitled to the proceeds of a sale and may recover from the security deposit any storage and moving costs of disposing of the property that exceed the proceeds. N.D.C.C. § 47-16-30.1
• If you remove the property after getting an eviction judgment and serving the special execution, you have a lien on it for reasonable storage and moving costs and may keep it until they are paid. The lien does not outrank a prior perfected security interest. N.D.C.C. § 47-16-30.1

North Dakota's small claims court law was not read for this page, so its limits and procedure are not stated here.

In a lease for a specified term of two months or more, you may enforce an automatic renewal clause only if you notified the tenant of it in writing, delivered personally or by first-class mail, at least 30 days before the current term expires. Otherwise the lease expires and converts to a month-to-month tenancy.

N.D.C.C. § 47-16-06.1

• A renewal clause that requires the tenant to give more than one month's notice from the end of a month binds the tenant only if the tenant initialed it. N.D.C.C. § 47-16-15(4) See Ending a month-to-month tenancy on the North Dakota page

A tenant who is a victim of domestic violence, or who fears imminent domestic violence against the tenant or the tenant's minor children if they stay, may end the lease without penalty by giving you advance written notice.

N.D.C.C. § 47-16-17.1

• The notice is given by mail, fax or in person before the tenancy ends, and states that the tenant fears imminent domestic violence from a person named in a court order or another court record, that the tenant needs to end the tenancy, and the specific date it will end. N.D.C.C. § 47-16-17.1
• The tenant owes rent for the full month in which the tenancy ends plus one additional month's rent, subject to your duty to mitigate, paid on or before the end date. The tenant is then relieved of later rent but stays liable for amounts owed before the termination. N.D.C.C. § 47-16-17.1
• You may not disclose the tenant's documentation, enter it into a shared database or give it to anyone, except as evidence in an eviction or a claim for unpaid rent or damages, or as otherwise required by law. N.D.C.C. § 47-16-17.1
• A court may award $1,000 in statutory damages, actual damages, reasonable attorney's fees, costs and disbursements. N.D.C.C. § 47-16-17.1
• Retaliating against a tenant, applicant or household member for using this right is prohibited. N.D.C.C. § 47-16-17.1(10) See Retaliation on the North Dakota page

State law bars political subdivisions from enacting rent control, so no North Dakota city or county may limit what you charge. City and county housing codes were not read for this page.

N.D.C.C. § 47-16-02.1