A North Dakota lease agreement is a document that establishes a relationship between a landlord and a tenant. A landlord writes this contract to rent all or some of their property to a tenant for a fee. In return, a tenant agrees to the terms and conditions in the document.
Rental Lease Laws Overview
- Rent Control: No
- Limit on Late Fees: No
- Late Fees in Rental Agreement: Yes
- Grace Period: No
- License Required for Landlord: No
Before finalizing a lease, use a rental application to screen potential tenants and select the best candidates.
By Type (6)
Standard Lease Agreement
Creates a tenancy between a landlord and tenant renting a property.
Room Rental Agreement
A formal agreement detailing terms and conditions under which a person can rent and occupy a specific room in a property.
Commercial Lease Agreement
A legal document allowing the tenant to lease a commercial property.
Rent-to-Own Lease Agreement
A contractual agreement where a tenant leases a property with the future option to buy.
Month-to-Month Rental Agreement
Extends automatically on a continuous monthly cycle unless terminated.
Sublease Agreement
Initiates a secondary rental contract where the initial lessee becomes the sublessor, yet continues to uphold their duties to the original lessor.
Required Lease Disclosures
- Lead-Based Paint Disclosure. Any landlord renting a property built before 1978 must disclose this information to tenants. They need to specify that the property may have lead-based paint on its interior, as this situation may result in lead poisoning, especially in pregnant women and young children. [1]
- Property Condition Statement. Within it, landlords should detail the property itself as well as any furniture, fixtures, and utilities. [2]
Security Deposit
- Maximum Amount: A landlord can charge up to one month’s rent for a security deposit from a tenant. Once the lease ends, the landlord has thirty days to return the security deposit to the tenant if the property is in suitable condition. [3]
- Receipts: Not specified by law.
- Interest Payments: Landlords are required to pay interest on security deposits if more occupancy period is more than 9 months. [3]
- Bank Account: The landlord must deposit the security deposit in a federally insured interest-bearing account for the tenant’s benefit. [3]
- Returning Requirements: A landlord must return the security deposit to the tenant within thirty (30) days of the lease’s end or termination. [4]
- Withholding Rules: Landlords can deduct from the security deposit for damages, unpaid rent, cleaning, or repairs beyond normal wear and tear. They must provide a written notice detailing these deductions along with the remaining deposit. [3]
Rent Payments
- Laws: Rent is due on the date specified in the lease agreement; if not, then at the end of the month. [5]
- Rent Control: North Dakota bans rent control. [6]
- Late Fees and Grace Period: No maximum late fee, but it must be reasonable and outlined in the lease. A common practice is to issue a 3-day notice to pay rent or quit.
- Withholding Rules: If the landlord fails to make necessary repairs after being notified by the tenant, the tenant may arrange the repairs themselves and deduct the costs from their rent. [7]
Landlord Right of Entry
- Notice Requirements: A landlord must provide reasonable written or verbal notice to a tenant before entering the rental property. [8]
- Keys, Locks, and Security: No specific provisions.
Property Repairs
- Landlord Responsibilities: Landlords must keep rental units habitable by meeting basic health and safety standards and promptly addressing repair requests.
- Tenant Repairs: If the tenant fails to maintain essential utilities, the landlord may start eviction proceedings with a three-day notice to quit. [9]
- Abandonment: No specific state-mandated limit.
Terminating a Lease
- Month-to-Month Tenancy: Can be terminated by providing a 30-day written notice to the other party.
- Unclaimed Property: Property valued under $2,500 left on the premises can be sold or disposed of by the landlord at least 28 days after the tenant has moved out. [10]
Sample
Review our North Dakota lease agreement below, which you can download as a PDF or Word file for your convenience:
