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North Dakota month-to-month lease agreement
Written for North Dakota law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
North Dakota rules that apply
- Changing terms or rent
- 30 days
- written notice before the end of a month, month to month only
- N.D.C.C. § 47-16-07
Ending a month-to-month tenancy
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
More detail (2)
- 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)
Rent increase notice
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.
More detail (3)
- 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
The lease states the 30-day written notice before the end of a month and the tenant's right to leave on 25 days' notice.