The North Dakota residential lease agreement (“rental agreement”) is used when a landlord is renting out a residential property to another individual. Details that should be specified within the document include the periodic rent payments, security deposit, start and end date of the contract, and terms of use.
North Dakota Lease Agreement Disclosures
The following disclosures are required for all residential lease agreements in North Dakota.
| Disclosure | Applicable to |
|---|---|
| Move-In Checklist | All Units |
| Lead Paint | All Units Prior to 1978 |
Move-In Checklist
Applicable to all rental units.
North Dakota requires that landlords provide a move-in checklist (usually alongside the rental agreement) that outlines the inventory and condition of the property upon move-in by the tenant. After being signed by both parties, this list may be used to recover security deposits, if applicable.
Download: North Dakota Move-In Checklist Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in North Dakota to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: North Dakota Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by North Dakota law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Landlord Name & Address – to create a line of communication for important notices and demands between tenant and landlord, it is recommended that North Dakota landlords provide contact information within or alongside the lease for themselves or anyone authorized to act on behalf of the property.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. North Dakota law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke to not interfere with other tenants’ peaceful enjoyment of the premises.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. North Dakota does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease. Returned check fees are limited to $40 per bad check.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
- Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings begin to deteriorate.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to the tenant’s negligence during the lease term.
Sources
- 1 NDCC § 47-16-07.2
-
A landlord shall provide the tenant with a statement describing the condition of the facilities in and about the premises to be rented at the time of entering a rental agreement. The statement shall be agreed to and signed by the landlord and tenant. The statement shall constitute prima facie proof of the condition of the facilities and the premises at the beginning of the rental agreement.
- 2 NDCC § 6-08-16(2)(a)
-
In addition to the criminal penalty, the person is liable for collection fees or costs not in excess of forty dollars which are recoverable by the holder of the check, draft, electronic funds transfer authorization, or order or by the holder’s agent or representative. If the holder of the check, draft, electronic funds transfer authorization, or order or the holder’s agent or representative uses the automated clearinghouse network to collect the collection fees or costs, that person shall comply with the network’s rules and requirements. If the state’s attorney or holder determines the person identified as the issuer of the instrument did not make, draw, utter, or deliver the instrument in violation of this section but instead is the victim of fraud, that state’s attorney or holder shall provide the holder or the holder’s agent or representative written notice of the fraud and upon receipt of the notice that holder or the holder’s agent or representative may not collect fees or costs under this subdivision…
