A North Dakota sublease agreement gives a tenant the authority to bring in a new occupant while the original lease stays in place. This document helps property owners support a smooth handoff from one tenant to the next, keep the new party accountable to the same terms, and maintain legal and consistent rental activity.
Does a tenant need a landlord’s permission to sublease in North Dakota?
North Dakota law does not include any statute addressing subleasing, so a tenant must obtain the landlord’s permission when the lease requires it. Clear language about subleasing helps property owners manage who occupies the unit and maintain consistent rental practices.
Landlords gain more control over who inhabits their rentals when they include sublease terms in their North Dakota lease agreement. To cover subleasing in future contracts, property owners can use a legally reviewed lease agreement builder to create a reliable lease.
Information to Include in a North Dakota Sublease
Landlords should approach a sublease with the same care and structure they use in a standard lease. The following list outlines the key information landlords should include within a North Dakota sublease:
Names of landlord and sublessor: Include the full legal names of both parties so everyone understands who holds responsibility under the sublease.
Rental unit address: List the complete address of the rental unit to identify the space covered by the agreement clearly.
Length of the sublease agreement: Note the specific start and end dates to set clear expectations for how long the subtenant may remain in the unit.
Rent amount: Define the subtenant’s monthly rent and clarify how it aligns with the terms of the original lease.
Division of utilities: Break down which utilities the subtenant handles and reference any existing terms in the landlord-tenant utility agreement.
Security deposit information: Explain the security deposit amount, how the landlord returns it, and how these rules follow the security deposit laws in North Dakota.
Maintenance protocols: Clarify how the subtenant handles routine upkeep and repairs, and include helpful guidance through the resource on rental property maintenance.
Property policies: Outline the rules the subtenant must follow, including expectations about noise, parking, guests, and pets.
Early termination terms: Describe the situations that allow either party to end the sublease early and note any related fees or notice requirements.
Landlord’s right to entry: Explain when the landlord may enter the rental property and clarify the notice the subtenant receives in those situations.
Renter’s insurance: State whether the subtenant must carry renter’s insurance and include any coverage standards tied to the original lease.
Landlord’s consent to sublease: Confirm the landlord’s approval for the sublease and list any conditions that accompany that permission.
Subtenant obligation to comply with master lease: Make clear that the subtenant agrees to follow every rule in the original lease and honors the same standards as the primary tenant.
Move-in condition checklist: Record the unit’s condition at move-in and include a completed move-in condition report to set clear expectations for both parties.
Emergency contact information: Provide accurate emergency contacts so the landlord and subtenant can respond quickly when urgent issues arise.
Guest policy: Outline the limits on guest stays and note any approval the subtenant must request for more extended or repeated visits.
Copy of master lease: Attach the full original lease so the subtenant understands all requirements that apply during the sublease period.
Signatures: Gather signatures from all parties and allow them to e-sign the document to streamline the approval process.
Additional attachments: Add any extra disclosures, property rules, or forms that help create a complete and detailed sublease package.
Taxes Implications for Short-Term Subleases
Short-term subleases in North Dakota may trigger the same sales taxes that apply to temporary lodging, depending on the arrangement. The state taxes stays of fewer than 30 days as lodging, and many cities add their own lodging or hospitality taxes, raising the total cost for the subtenant. North Dakota does not provide any sublease-specific tax rules.
North Dakota landlords should stay familiar with the short-term lodging taxes in their local area, since rates vary across the state.
For example, in Fargo, taxes may include:
- North Dakota State Sales Tax – 5%
- Cass County Sales Tax – .05%
- The City of Fargo Sales Tax – 2%
- The City of Fargo Lodging Tax – 3%
