Breaking a lease agreement in North Dakota can create tension, but tenants hold specific legal rights to walk away without financial penalty. This guide details those rights, the potential impacts, and the practical steps both tenants and landlords can take to handle early lease termination responsibly.
Legal Reasons to Break a Lease Early in North Dakota
In North Dakota, both landlords and tenants can end a lease before its expiration when specific legal conditions apply, including:
1. Active Duty Military
Federal law allows tenants to terminate a lease early once they receive active-duty orders. The rule covers service members called to deploy or move for a permanent change of station. Protection begins on the date active duty starts and lasts 30 to 90 days after discharge.
Eligible tenants include members of the Armed Forces, Reserves, or National Guard serving more than 30 days, as well as commissioned officers in the Public Health Service or NOAA. The orders must exist before signing the lease and clearly require relocation or deployment.
To end the lease, tenants must give written notice and include a copy of their orders. The lease doesn’t dissolve right away, however, as termination takes effect at least 30 days after the next rent due date, giving both sides a fair timeframe to transition smoothly.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence
Tenants in North Dakota who face domestic violence can legally break their lease early without penalty if they meet specific requirements. The law exists to let victims escape dangerous situations without adding financial strain to an already unsafe environment.
To qualify, a tenant must either experience domestic violence or reasonably fear it toward themselves or their minor child. The offender must appear in a valid court-issued protection or contact order filed under North Dakota’s domestic violence laws.
Tenants must deliver a written notice to the landlord stating they fear imminent harm, intend to terminate the lease, and listing the exact end date. That notice must arrive before the termination date and include a copy of the protection order or comparable legal document.
The lease will end on the date listed in the notice. The tenant must pay rent for that month and one additional month unless the landlord finds a replacement sooner. They also remain responsible for unpaid rent or property damage beyond normal wear and tear.
Supporting law: N.D. Cent. Code § 47-16-17.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
Tenants in North Dakota can end their lease early if the rental becomes unlivable and the landlord refuses to fix serious issues after proper notice. The rule exists to protect renters from staying in unsafe or unhealthy housing when the landlord ignores repair duties.
The state’s implied warranty of habitability requires every landlord to keep rentals safe, sanitary, and structurally sound. The tenant can’t cause the damage or neglect the basic care of the property. Common examples of unlivable conditions include:
- Gaps or leaks that destroy weatherproofing
- Faulty plumbing or sanitation systems
- No running hot or cold water
- Heating systems that fail during cold months
- Collapsing stairs, ceilings, or structural elements
To legally end a lease, tenants must deliver a written notice explaining why the property is uninhabitable and when they plan to move out. They should attach photos, inspection reports, or prior repair requests to show the landlord had a fair chance to fix the problem but didn’t.
Supporting law: N.D. Cent. Code § 47-16-13.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Misconduct
Tenants in North Dakota can break a lease early when a landlord’s behavior makes the home unlivable or destroys their right to quiet enjoyment. The law treats this as constructive eviction (when a landlord’s actions essentially drive the tenant out of the property).
Examples of misconduct that may justify early termination include:
- Entering the rental without consent or proper notice
- Cutting off utilities or removing key appliances
- Ignoring major repair requests after formal notice
- Harassing or intimidating the tenant in or around the property
To claim constructive eviction, the tenant must first alert the landlord and give them a fair chance to fix the issue. If the landlord refuses and the tenant moves out because living there becomes intolerable, the tenant can argue the lease ended due to the landlord’s breach of duty.
Supporting law: N.D. Cent. Code §§ 47-16-13, 47-16-13.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
Tenants in North Dakota can terminate a lease early if the contract itself has no legal standing.
A lease becomes void or unenforceable in North Dakota under conditions such as:
- Signed under duress: The tenant agreed because of threats, intimidation, or other unlawful pressure.
- Signed by a minor: Anyone under 18 lacks the legal capacity to enter a binding lease.
- Unit is illegal: The rental fails to meet required health, safety, or occupancy standards.
Once a lease loses its legal standing, it no longer binds either party. The tenant can move out of the rental immediately and will owe no future rent. The landlord must return the prepaid rent and the security deposit. If they refuse, the tenant can pursue repayment in small claims court.
Supporting law: N.D. Cent. Code §§ 9-03-03, 47-16-13.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Landlord Retaliation
Landlords in North Dakota cannot punish tenants for standing up for their legal rights. The law protects renters who report housing issues, request vital repairs, or take action under local safety and building codes. Proven retaliation can justify ending the lease or serve as a defense in eviction cases.
Examples of protected tenant actions include:
- Using or attempting to use legal rights under state law
- Reporting code or safety violations to local authorities
- Requesting repairs that keep the unit habitable
- Filing formal complaints with regulatory or housing agencies
Examples of landlord retaliation include:
- Threatening or filing for eviction without legitimate grounds
- Cutting off heat, water, or other essential services
- Hiking rent or changing lease terms to punish a tenant
- Blocking or disrupting the tenant’s lawful use of the property
Tenants can prove retaliation with inspection reports, complaint filings, or written records showing sudden changes in treatment. A landlord can defend their actions by presenting clear, unrelated reasons (such as nonpayment or lease violations) to show their conduct wasn’t retaliatory.
Supporting law: N.D. Cent. Code § 47-16-39.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In North Dakota, landlords and tenants can mutually decide to end a lease early if both sides agree. They can reach that decision through open communication or an early termination clause already built into the lease. Each party should sign a written agreement to make it official.
Common reasons for mutual lease termination include:
- Job relocation or reassignment
- Financial strain or income loss
- Health or family-related circumstances
- Plans to sell the rental property
- Major renovations or redevelopment projects
- The tenant is buying a home of their own
When proposing early termination, tenants should clearly state their reasons and offer fair terms. Both parties can then settle on notice periods, rent responsibilities, and how to return the security deposit. A written, signed agreement locks in the terms and confirms that the lease ends properly and without penalty.
Supporting law: N.D. Cent. Code § 9-13-02
Other Legal Reasons for Breaking a Lease in North Dakota
Tenants in North Dakota can sometimes end a lease early under special legal protections that extend beyond normal rental laws. These rare situations give renters the right to leave without financial penalty when living conditions or external events make the lease impossible to continue.
Condemnation of the rental property: When a city or county inspector officially declares the unit unsafe or structurally unsound, the lease ends immediately since the property no longer meets legal occupancy standards.
Supporting law: N.D. Cent. Code § 47-16-13.1
Natural disasters rendering the unit uninhabitable: Fires, floods, or similar disasters that severely damage or destroy the home allow tenants to break the lease without extra costs, as remaining in the property would endanger their health or safety.
Supporting law: N.D. Cent. Code § 47-16-14
These less common situations are still recognized under North Dakota law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
Tenants in North Dakota who break a lease without a valid legal reason can face severe financial and practical fallout. They may lose their security deposit, get sued for unpaid rent, take a hit to their credit score, or struggle to secure future housing because of poor landlord references.
Landlord’s Duty to Mitigate Damages in North Dakota
North Dakota law requires landlords to make reasonable efforts to find a new renter when someone leaves before the lease ends. They can’t let the unit sit empty and bill the tenant for the full term. Once another tenant signs on, the original renter only owes rent for the period the property remained vacant.
Supporting law: N.D. Cent. Code § 47-16-13.6
Tenant’s Right to Sublet in North Dakota
Tenants in North Dakota can’t automatically sublet their unit, as the landlord must first give written approval. With consent, subleasing can ease the tenant’s financial load by shifting rent and responsibility to the subtenant for the rest of the lease term.
Supporting law: N.D. Cent. Code § 47-16-15
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