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.
If you want to sublease your apartment or home, you must ask your landlord for permission. Your lease may have a clause that states whether the landlord will allow you to sublease their property.
If your lease allows you to sublease the property, you must still get permission from your landlord unless they explicitly waive that right. If your lease doesn’t allow subletting, you cannot legally sublet the property unless your landlord agrees to the sublease in writing.
To save time and ensure everything is filled out correctly, we recommend using our free North Dakota sublease agreement builder or reading our steps on how to write a North Dakota sublease agreement below.
How to Write a North Dakota Sublease Agreement
You will need several pieces of information to complete a sublease agreement.
- Date the sublease — The section contains the date, including the year, the lessee’s name, and the sublessee’s name.
- Describe the property — The “Premises” section describes the property you want to sublease. Enter the type of home you are subleasing, e.g., apartment, condo, or house. Enter the full property address on the next blanks.
- List the terms of the original lease agreement — A sublease must refer to the terms and conditions of your lease. The “Lease” section requires you to enter the date you signed the current lease the sublessor has with their landlord, and include the landlord’s name. Make a copy of your original lease and attach the copy to the sublease. You should never attach your original copy.
- Document the terms of the sublease agreement — The “Term” section defines the term in months that you are subletting to the sublessee. Add the date that the sublessee can move in and the date he or she has to move out.
- Get landlord consent — North Dakota allows subletting, but your landlord has the final say as to whether you can sublease the property you are leasing. If your landlord allows it, you must give your landlord a copy of the sublease. Enter the time frame your landlord gave you to forward a copy of the sublease.
- Record the amount of rent — The “Rent” section includes the total amount of rent for the term. Multiply the monthly (weekly, bi-monthly) rent by the appropriate number to get the total. The second blank is the rent for each month (week, two-week period). Enter the date the rent is due in the third blank. If the sub-lessee is moving in after the first, enter that information in the fourth blank. Enter the date the rent is considered late in the “Late Fees” section. You will also need to enter the number of days the sub-lessee has to submit the rent and how much of a late fee you will charge.
- Record the security deposit amount — Enter the amount of the security deposit you are charging in the “Security Deposit” section.
- Sign the sublease agreement — The sublessor and sublessee need to sign the sublease agreement.
North Dakota Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in North Dakota. Once you’ve filled out a North Dakota sublease agreement, you will be responsible for your sublessee and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all North Dakota laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
North Dakota Landlord-Tenant Laws: Title 47 of the North Dakota Century Code
In North Dakota, a sublessor must:
- Give a sublessee 3 days (3) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease that is month to month
North Dakota Sublease FAQs
Is subletting illegal in North Dakota?
No, subletting isn’t illegal in North Dakota. The statutes don’t allow or disallow subleasing, so unless your landlord forbids it, it’s legal.
Can a tenant sublet without permission?
No, a tenant can’t sublet without permission. You should always get permission from your landlord to sublease, even if your lease allows it.
Can the property owner evict me?
Yes, the property owner can evict a sublessee. Because you must abide by the terms in the sublease and the lease, the property owner can evict you under the terms of the original lease.
Can I have pets if the sublease does not specify? (Or can I allow my sublessee to have pets?)
You must abide by the terms of the original lease. If it states that no pets are allowed, you cannot have pets.
Can I raise the rent on a sublessee?
Yes, a sublessee can raise rent on a sublessee, but the sublease must allow you to raise the rent during the term, otherwise, you cannot raise it until the end of the term (i.e. a year). However, if you are subletting on a month-to-month tenancy, you can raise the rent with a 30-day notice. You must give notice before the end of the month.