A North Dakota sublease agreement is a contract that allows a tenant of an existing lease (“sublessor”) to rent out all or a portion of their rental property to another tenant (“sublessee” or “subtenant”). North Dakota statutes do not prohibit subletting, but the original tenant’s lease may.
Your lease may have a clause that states whether the landlord will allow you to sublease their property. If the lease doesn’t explicitly state whether subletting is prohibited, you can ask your landlord for permission to sublease your apartment or home.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: North Dakota Century Code Chapter 47-16
Security Deposit Obligations: A sublessor is obligated to return the subtenant’s security deposit within thirty days of the end of the sublease.
Notices: A sublessor must give a sublessee three days’ written notice to pay rent or leave. If they plan not to renew the original lease or sublease, they must provide 30 days’ written notice so the subtenant can plan accordingly.
Permission to Sublet
- Laws: North Dakota law neither explicitly allows nor prohibits subletting.
- Explicit Permission: Renters should review their lease and obtain written permission from their landlord if subletting is not explicitly allowed.
- Landlord’s Right to Refuse: A landlord can refuse a subtenant if they believe, for example, that the subtenant poses a risk to other tenants or the property.
Tax Obligations
Lodging Taxes
In North Dakota, a short-term rental (STR) is a rental lasting fewer than 30 consecutive days. Homeowners and renters must handle taxes unless a lodging marketplace agreement states the marketplace is responsible for them.
Local lodging and restaurant tax is collected on short-term lodging rentals within a city or county. An additional tax can also be applied to lodging rentals and the sales of prepared food and beverages. [1]
The governing body of any city or county may impose these taxes by ordinance. Many cities and counties choose to levy taxes on lodging and prepared foods and beverages.
Tax Rate
- Local Lodging Tax: Up to 2%. [2]
- Lodging & Restaurant Tax: 1% on sales.
Distribution of Funds
- The local government that imposes the tax.
Tax Rates
The following taxes may apply to short-term rentals in North Dakota:
Filing Frequency
- Sales tax due dates depend on your filing frequency: [5]
- Monthly: The due date is either at the start or the end of each month.
- Quarterly: The due date varies from quarter to quarter. It may be the end of of April, July. And the 1st of Novemeber, or February.
- Annually: The due date is February 1.
Sample
Download a North Dakota sublease agreement template in PDF or Word format below:
Related Documents
Rental Application
Evaluate whether a potential subtenant meets the property's subletting criteria.
