Whether your property sits on a quiet stretch outside Bismarck or in the heart of Fargo, a North Dakota lease agreement lays the groundwork for a smooth rental experience. Spelling out the terms early helps avoid misunderstandings and protects your investment.
It also provides tenants with clarity on their responsibilities, making the rental relationship more transparent from the start. With clear expectations in the lease agreement, both landlords and tenants can focus on a hassle-free living experience.
Disclosures (2)
North Dakota landlords must provide the following disclosures to tenants as part of a lease agreement:
- Move-in checklist: Landlords must provide tenants with a move-in checklist to document the condition of the rental unit at the start of the tenancy (N.D. Cent. Code § 47-16-07.2). The checklist should be completed and signed by both parties and will be used to assess damages, beyond normal wear and tear, at the time of move-out.
- Lead-based paint disclosure: For properties built before 1978, federal law requires landlords to disclose any known information regarding lead-based paint and lead-based paint hazards. Landlords must also provide tenants with the EPA’s “Protect Your Family from Lead in Your Home” pamphlet.
Optional Disclosures and Addenda
While North Dakota law does not mandate the following disclosures, including them in your lease agreement can help clarify responsibilities, reduce misunderstandings, and minimize potential liability.
Asbestos: Notifies tenants if asbestos is present and advises them not to disturb affected areas, protecting health and limiting liability.
Bed bugs: Discloses any history of bed bug issues on the property or nearby units and reminds tenants to report suspected infestations promptly.
Landlord’s name and address: Ensures tenants know where to send rent, notices, and maintenance requests, with clear contact information.
Late or returned check fees: Outlines the landlord’s fee policy. North Dakota doesn’t regulate late fees, but returned check fees are capped at $40 per check (N.D. Cent. Code § 6-08-16).
Medical marijuana use: Clarifies whether medical marijuana is permitted and, if so, any restrictions on use or designated areas on the property.
Mold disclosure: Informs tenants of known or suspected mold and any remediation steps.
Non-refundable fees: Specifies any non-refundable fees upfront. In North Dakota, fees not clearly identified as non-refundable may be treated as refundable at lease end.
Shared utilities arrangements: Explains the division of utility costs when units share a single meter to avoid billing disputes.
Smoking policy: Defines where smoking is allowed or prohibited to preserve quiet enjoyment and reduce property damage.
Consequences of Not Including Mandatory Disclosures
Disclosures give tenants important information about the property and their living situation. If a landlord leaves something out, it can lead to disputes, fines, or legal trouble. In some cases, missing disclosures can even make parts of the lease unenforceable.
Security Deposit Regulations in North Dakota
North Dakota law provides specific guidelines for collecting, holding, and returning security deposits.
Maximum amount: Landlords may not charge more than 1 month’s rent for a security deposit. However, they may collect up to 2 months’ rent as security if the tenant has a felony conviction or a prior judgment for violating a rental agreement. Additionally, landlords may collect a pet deposit for non-service animals of up to $2,500 or two months’ rent, whichever is greater (N.D. Cent. Code § 47-16-07.1).
Deposit receipt: North Dakota law does not require landlords to provide a separate written receipt for the security deposit.
Interest payments: Landlords must place deposits in a federally insured interest-bearing account and return both the deposit and interest at the end of the lease. Interest is not required if the tenancy lasts less than 9 months (N.D. Cent. Code § 47-16-07.1(3)).
Security deposit return: Landlords must return the deposit and interest, minus any lawful deductions, within 30 days of lease termination and receipt of possession. An itemized statement explaining any deductions must be mailed or delivered to the tenant’s last known address within the same period. (N.D. Cent. Code § 47-16-07.1).
Deductions: Landlords may deduct unpaid rent and the cost of repairing damages beyond normal wear and tear. However, landlords must document any deduction in an itemized written statement and send it to the tenant with the returned balance (N.D. Cent. Code § 47-16-07.1(3)(a-c)).
Rent Payment Regulations
State law does not regulate rent amounts or increases, but landlords in North Dakota must still follow basic rules regarding late fees, grace periods, and tenants’ repair rights.
Rent control/stabilization: North Dakota has no rent control or rent stabilization laws, so landlords are free to set and increase rent as they choose. There are no state-level limits on the amount or frequency of rent increases.
Late rent fees: There is no statutory cap on late fees. Landlords may charge any reasonable amount, but they must clearly state the fee in the North Dakota lease agreement for it to be enforceable.
Grace period: North Dakota law does not require a grace period for rent payments.
Tenant’s right to withhold rent: If a landlord fails to make essential repairs after receiving reasonable notice, tenants may arrange for the repairs themselves and deduct the cost from future rent payments. In some situations, tenants may also vacate the property and terminate the lease if the landlord does not meet their obligations (N.D. Cent. Code § 47-16-13).
Rental Agreement Violations
The law outlines clear steps that landlords in North Dakota can take when tenants violate lease terms, miss rent payments, or abandon the property.
Lease violation: If a tenant violates the lease, landlords may serve a written notice specifying the breach and demanding compliance. If the tenant doesn’t remedy the violation within a reasonable time, the landlord can begin eviction proceedings (N.D. Cent. Code § 47-32-02).
Missed rent payment: If a tenant fails to pay rent on time and no grace period applies, the landlord can serve a 3-day Notice to Quit for Nonpayment. If the tenant doesn’t pay within that period, the landlord may proceed with eviction (N.D. Cent. Code § 47-32-02(4)).
Lease abandonment: Tenants who abandon the property before the lease ends are responsible for unpaid rent and damages until the lease term expires or the unit is re-rented. Landlords must make reasonable efforts to mitigate damages by re-renting the unit (N.D. Cent. Code § 47-16-17.1(5)).
Self-help evictions: Changing locks, shutting off utilities, or removing a tenant’s belongings without a court order constitutes an illegal self-help eviction. Landlords must follow the formal eviction process through the courts (N.D. Cent. Code § 47-32-01).
Terminating a Lease
North Dakota law provides guidelines for ending leases, depending on their terms, as well as handling tenant property left behind after move-out.
Standard lease: Tenants who sign a fixed-term lease are generally responsible for the full term. However, North Dakota law allows early termination in certain situations, such as when the tenant enters active military service under the Servicemembers Civil Relief Act (SCRA) or when the landlord fails to meet legal obligations, including providing habitable housing (N.D. Cent. Code § 47-16-13).
Month-to-month lease: Either party may terminate a month-to-month tenancy by giving at least 30 days’ written notice before the end of the monthly period (N.D. Cent. Code § 47-16-15(2)).
Property abandonment: When a tenant leaves personal property valued at $2,500 or less, the landlord may dispose of it without legal process after 28 days from receiving notice, or reasonably determining that the tenant vacated. The landlord may keep any sale proceeds and recover storage or moving costs from the tenant’s security deposit. (N.D. Cent. Code § 47-16.30.1).
Renewing a Lease
As a lease term wraps up in North Dakota, landlords and tenants have the freedom to decide what comes next, whether that’s renewing, switching to month-to-month, or parting ways with proper notice.
Required renewals: Landlords are not required to offer lease renewals once a lease term ends. Renewals happen only by mutual agreement or if the original lease includes a renewal clause.
Notice requirements: North Dakota law does not require landlords to give tenants advance notice if they choose not to renew a fixed-term lease. For month-to-month leases, either party must provide at least 30 days’ written notice to end the tenancy (N.D. Cent. Code § 47-16-15).
Landlord’s Access to Property
North Dakota law gives landlords the right to enter a rental property for specific reasons, but they must follow notice requirements and respect the tenant’s right to privacy.
Immediate access: Landlords may enter without notice in emergencies, such as situations that threaten health, safety, or property (N.D. Cent. Code § 47-16-07.3(1)).
Notice requirements: For non-emergency reasons, landlords must give tenants reasonable notice before entering the property and can only enter at reasonable times (N.D. Cent. Code § 47-16-07.3(2)).
Harassment: Entering without proper notice or for non-legitimate reasons can be viewed as landlord harassment, which may give tenants grounds to terminate the lease. Repeated unauthorized entry can also expose landlords to legal disputes under North Dakota’s landlord–tenant laws.
