The North Dakota rental agreements are legal documents created when a tenant wishes to use real property. The landlord or property owner establishes the amount of the rent, the duration of the tenancy, and more. All agreements must comply with North Dakota’s landlord-tenant laws.
North Dakota Rental Agreement Types
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North Dakota Required Lease Disclosures
- Move-In Checklist (required for all) – North Dakota lease agreements must include a move-in checklist in or alongside the lease that outlines existing damages upon move-in that can be used to recoup a security deposit on move-out.
- Lead-Based Paint Disclosure (required for some) – Every North Dakota lease agreement must contain notice of the dangers of lead-based paints and any instances of lead paint on the property for rent as part of a lead-based paint disclosure if the building was built before 1978.
To learn more about required disclosures in North Dakota, click here.
North Dakota Landlord Tenant Laws
- Warranty of Habitability – North Dakota landlords must make their dwellings “livable” by providing the following to tenants: hot/cold running water, plumbing, electric outlets, HVAC, and more. All repairs to these amenities must be made in a “reasonable” amount of time after an issue is reported. If they are not, a tenant has the right to repair the issue and deduct its cost from rent. North Dakota tenants may not withhold rent in response to habitability issues.
- Evictions – North Dakota landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay or quit, depending on the type of eviction. As such, an immediate eviction may be allowed under those conditions.
- Security Deposits – Most North Dakota tenants cannot be charged more than 1 months’ rent as a security deposit. Convicted felons and those with previous leasing infractions may be charged up to 2 months’ rent as a security deposit. Additionally, pet deposits may not exceed $2,500 or 2 month’s rent. In any case, the remainder of any deposited funds must be returned within 30 days of the lease’s conclusion.
- Lease Termination – Most month-to-month leases in North Dakota can be broken by a tenant if they issue a 30-day notice prior to moving out. Similarly, a fixed-term tenant can break their lease early if they qualify for exception on any of the following grounds: active military duty, unit uninhabitability, landlord harassment, or domestic violence.
- Rent Increases & Fees – North Dakota landlords can charge rent rates as high as they see fit. They can also raise rent without justification, so long as they provide 30 days’ notice to all effected tenants. They are also free to charge any fees outlined in an applicable lease agreement. Returned check fees are legally limited to $40.
- Landlord Entry – North Dakota only requires its landlords to provide “reasonable” notice before entering an occupied unit and it must be during “reasonable” hours, except in cases of emergency.
- Settling Legal Disputes – If a landlord-tenant dispute occurred in the preceding 6 years, it can be heard in North Dakota’s small claims court. This includes all cases (except evictions) valued at up to $15,000.
To learn more about landlord tenant laws in North Dakota, click here.
