North Dakota Rental Lease Agreement Templates (6)

1.) Move-in Checklist (§ 47-16-07.2) – The state sanctions that any lease agreement must be accompanied by an endorsed checklist covering the condition of the property upon moving in. The checklist examines the state of the domicile’s exterior and interior to compare with the physical status of the property at the end of the leasing period.

2.) Lead-Based Paint (42 U.S. Code § 4852d) – The health hazard created by coming into contact with lead-composed paint must be indicated for dwellings built in 1978 or earlier. An informational packet must be issued to the potential occupant, and a signature obtained stating notification of the possibility of exposure to the substance.

Grace Period: North Dakota defaults rent as due at month’s end; however, it enforces lease terms (e.g., grace periods) (NDCC 47-16-20).

Unpaid Rent: Landlords issue a notice of intent to evict when the rent is due, giving three days to pay. (NDCC § 47-32-01(4)), (NDCC § 47-32-02).

Standard Lease: North Dakota does not govern late fees, thus leaving them to be determined and regulated by a legally crafted lease.

Lease-to-Own: North Dakota landlords may impose the greater of $3 or 5% of the delinquent payment accordingly (N.D. Cent. Code § 47-15.1-05(1)(c)).

Landlords have the power to seek the check amount plus collection fees/costs “not in excess of” $40 (NDCC § 6-08-16(1)).

Generally, landlords may demand up to one month’s security deposit; however may ask for up to two months’ security if:

• The potential tenant is a felon
• The potential tenant has a “judgment against them” for previous lease or rent violations. (NDCC § 47-16-07.1(1)).

Returning to Tenant: North Dakota explicitly gives landlords 30 days to return the security deposit amount (NDCC § 47-16-07.1(3)).

Itemized List: North Dakota requires landlords, deducting from the security, to specifically itemize each cost and the reason (NDCC § 47-16-07.1(3)).

Standard Entry: Landlords must obtain tenant consent to enter accordingly unless it is “impractical” (NDCC § 47-16-07.3).

Emergency Entry: Landlords enter a premises or other rental property without tenant consent in order to respond to an emergency (NDCC § 47-16-07.3).

Landlords may enter a rental property whenever they “reasonably” believe tenant abandonment (NDCC § 47-16-07.3).

Tenants can engage or pay for repairs and deduct from the rent, so long as they issue notice and the landlord agrees (NDCC § 47-16-13.1).

Duty to Mitigate: The state requires landlords to minimize their tenant losses (e.g., re-renting after abandonment) (NDCC § 47-16-13.5).

Domestic Violence: Victims can terminate the lease by notice by paying one month’s rent, as well as:

• Document their fear for safety
• Provide court orders (e.g., protection order)
• Explicitly state the date of termination
• Send the notice by fax, mail, or in person (NDCC § 47-16-17.1).
• Rent for the month the lease terminates as well as the above one month’s rent penalty

Military Service: Early lease termination is allowed by federal law whenever a service member receives a transfer or must deploy for duty (50 USC 3955).

Landlord Noncompliance: Tenants cannot terminate for landlord noncompliance, they must pursue the matter using the appropriate legal avenues accordingly (NDCC § 47-16-13).

Landlord Harassment: While the state does not explicitly allow tenants to terminate over harassment, common law allows abandonment for constructive evictions (NDCC § 47-16).

Inhabitability: Tenants terminate over habitability; however, they give notice to repair and a reasonable chance to become code compliant (NDCC § 47-16-13).

While oral leases in this state are legally enforceable, they only enjoy this status for less than 1 year. (NDCC § 47-10-01), (NDCC & 47-16-05).

North Dakota explicitly restricts its counties from enacting any rent control laws, whether during lease renewals or otherwise (NDCC § 47-16-02.1).

Once tenant abandonment is obvious, landlords only need to wait 28 days before disposing of unclaimed property (NDCC § 47-16-30.1).

An expanded version of the state rules providing data on the rights and responsibilities for both the occupants and owners of leased real estate can be retrieved by exploring the contents of the North Dakota Century Code § 47-16 – Leasing of Real Property.