Breaking a Lease in North Dakota

Breaking a Lease in North Dakota

Last Updated: July 24, 2022 by Elizabeth Souza

Find out when a tenant can legally break a lease in North Dakota, when they can’t, and if a landlord is required by North Dakota law to make reasonable effort to re-rent.

Before we address the legally acceptable reasons to get out a lease early without penalty, it’s important to understand the notice requirements in North Dakota to end a tenancy.

Lease Termination Notice Requirements in North Dakota

In North Dakota, a tenant is not required to provide notice for fixed end date leases (NDCC § 47-16-14). North Dakota tenants have to provide written notice for the following lease term (NDCC § 47-16-15):

  • Notice to Terminate a Week-to-Week Lease. One-week written notice.
  • Notice to Terminate a Month-to-Month Lease. One-month written notice, unless the parties agree in writing to a longer notice period. 
  • Notice to Terminate a Yearly Lease with No End Date. One-month written notice.

Delivering Notice in North Dakota

In most cases, a written lease agreement should include information and other specifics on how and when to deliver a notice to terminate the tenancy. Some common ways to deliver the notice to the landlord are by mail or by delivering the written notice in person; however, it’s best to review the lease agreement to see which delivery method the landlord prefers.

Failing to provide a notice to terminate the tenancy could end in penalties and other consequences.

There are a handful of scenarios where a tenant can legally break a lease in North Dakota without penalty. We’ll go through each of them below.

Questions? To chat with a North Dakota landlord tenant attorney, click here

1. Early Termination Clause

Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days).

If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.

2. Active Military Duty

The Servicemembers Civil Relief Act (SCRA) helps protect active service members who are relocated due to deployment or permanent change of station. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.

To break a lease in accordance with the relief act, a tenant must:

  • Prove the lease was signed before entering active duty.
  • Prove they will remain on active duty for at least the next 90 days.
  • Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy/Permanent Change of Station (PCS) or a letter from their commanding officer stating their pending deployment.

With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st therefore, rent is still due for the month of April.

note

In North Dakota, the term “servicemember” means a member of the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.

3. Unit is Uninhabitable

Most states have specific health and safety codes that provide minimum standards for rental units, and North Dakota is no different.

If those standards are not met, proper notice is given by the tenant and the repairs are still not made within the allowable time period, a tenant would be considered “constructively evicted”. As a result, the obligations of the tenant under the lease are no longer required, given that the landlord has not met their own responsibilities under North Dakota landlord-tenant law.

According to North Dakota state law, landlord duties to provide habitable premises include the following (NDCC § 47-16-13.1):

  • Compliance. Comply with the requirements of applicable building and housing codes materially affecting health and safety.
  • Repairs. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
  • Common Areas. Keep all common areas of the premises in a clean and safe condition.
  • Maintenance. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied.
  • Trash Removal. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
  • Heat. Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

For more information on habitability laws in North Dakota, click here.

4. Landlord Harassment or Privacy Violation

If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.

  • Landlord Entry. In North Dakota, no specific amount of notice is required by statute. The landlord must give notice of intent to enter at a certain time, and receive the tenant’s consent to enter. Then tenant can’t unreasonably withhold consent, and the tenant’s failure to object to the notice would constitute presumed consent. Entry is allowed only at reasonable hours and in a reasonable manner. (NDCC § 47-16-07.3(2))
  • Changing the Locks. In some states, if the locks are changed by a landlord without the tenant’s permission or without the protection of specific language in the lease agreement, this can qualify as being “constructively evicted”, and could relieve the tenant of their duties of the lease. In North Dakota, landlords are not allowed to lockout tenants, and if the landlord locks the tenant out of the premises in an unlawful attempt to evict, the tenant may sue the landlord for triple damages.  (NDCC § 32-03-29)

5. Domestic Violence

North Dakota provides tenants who are victims of domestic violence with special rental provisions for their protection. If a tenant is confronting a domestic violence situation (this can also be stalking), and wants to move, check with local law enforcement regarding state laws that may apply in domestic violence situations. Some statutes the state of North Dakota provides for victims of domestic violence include (NDCC § 47-16-17.1):

  • Proof of Status. The notice required of the tenant must state that the tenant fears imminent domestic violence from a person named in a court order or qualified restraining order or other record filed with a court, that they need to terminate the tenancy and the specific date the tenancy will end. The notice must be delivered by mail, fax, or in person.
  • Protection from Termination. The landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence.
  • Early Termination Rights. If a tenant gives the landlord written notice, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement without penalty. The tenancy terminates on the date stated in the written notice.
  • Tenant Information Privacy. The landlord may not disclose information provided to the landlord by a tenant documenting domestic violence. The information may not be entered into any shared database or provided to any person.

6. Other Reasons 

A tenant may have alternative reasons to terminate a lease early.  For example, the following reasons may legally permit a tenant to terminate the lease early, but are not always automatic and must be determined by a court:

  • Violation of the Lease Agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e. illegally raising the rent during the fixed period).
  • Illegal or Unenforceable Contract. In some scenarios, a lease agreement may be deemed illegal and as a result, is generally not enforceable. (i.e. contracting with a minor)
  • Mandatory Disclosures. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Disclosure laws typically impose heavy fines or legal ramifications to landlords if they are not followed. In rare cases, they contain penalty provisions that may allow you to break your lease.
  • Senior Citizen or Health Issue. Some states offer age or health-related lease-breaking arrangements that permit early lease termination.  If a tenant has a qualified disability the tenant may request early termination as a reasonable accommodation under the Fair Housing Act or the Americans with Disabilities Act.
Questions? To chat with a North Dakota landlord tenant attorney, click here

Examples of Insufficient Justification for Lease Breaking in North Dakota

The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.

  • They bought a house.
  • They are relocating for a new job or school.
  • They are upgrading or downgrading.
  • They are moving in with a partner.
  • They are moving to be closer to family.

Breaking a lease for any of the above reasons without court approval or in any conditions not previously outlined can have tangible consequences for tenants.  If a tenant would like to break a lease for any of these reasons, the tenant should ask the landlord to agree to a mutual termination.

Landlord’s Responsibility to Re-rent in North Dakota

According to North Dakota law, landlords are required to make reasonable efforts to re-rent the unit instead of charging you for the total remaining rent due under the lease. This is referred to as the landlord’s duty to “mitigate damages”. (NDCC § 47-16-13.5 and NDCC § 47-16-13.7) If your landlord re-rents the property quickly, all you’ll be responsible for is the amount of time the unit was vacant.

Tenant’s Right to Sublet in North Dakota

If the lease does not prohibit subletting, then a tenant might be in the clear to sublet. However, the lease might contain a clause requiring a tenant to obtain a landlord’s approval prior to subletting. To get the landlord’s approval, a tenant shall send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. Certified mail is the only proof of delivery that most courts will accept that a tenant has notified the landlord.

The letter should include the following information:

  • Sublet term.
  • Name of proposed subtenant or assignee.
  • The permanent home address of proposed subtenant or assignee.
  • Your reason for subletting or leaving permanently.
  • Your new address during the sublease if applicable.
  • The written consent of any co‑tenant.
  • A copy of the proposed sublease.

If a landlord rejects the request, know that they can only refuse the proposed subtenant based on legitimate factors. The law states that a landlord cannot unreasonably refuse to sublet.

For more information and to get a FREE North Dakota sublease agreement click here.

Additional Resources for North Dakota Tenants & Landlords: