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North Dakota

A North Dakota lease agreement is a legal document that formalizes the relationship between a landlord and a tenant. This contract allows a landlord to rent their property, either fully or partially, to a tenant in exchange for a fee. The tenant agrees to abide by the terms and conditions outlined in the lease.

SimpleBasicLease_North-Dakota

SimpleBasicLease_North-Dakota

Rental Lease Laws Overview

In North Dakota, there are specific laws governing rental agreements:

  • Rent Control: There are no rent control laws in North Dakota.
  • Limit on Late Fees: There is no specified limit on late fees.
  • Late Fees in Rental Agreement: Landlords can include late fees in the rental agreement.
  • Grace Period: No grace period is mandated for late rent payments.
  • License Required for Landlord: Landlords are not required to hold a license.

Before finalizing a lease, landlords are advised to use a rental application to screen potential tenants.

Required Lease Disclosures

Landlords must provide certain disclosures in the lease agreement:

  • Lead-Based Paint Disclosure: For properties built before 1978, landlords must inform tenants of the potential presence of lead-based paint, which poses health risks, particularly to pregnant women and young children.
  • Property Condition Statement: This statement should detail the condition of the property, including any furniture, fixtures, and utilities.

Security Deposit

The regulations regarding security deposits in North Dakota are as follows:

  • Maximum Amount: Landlords can charge a security deposit equal to one month’s rent.
  • Returning Requirements: The security deposit must be returned within thirty (30) days after the lease ends, provided the property is in suitable condition.
  • Interest Payments: If the occupancy period exceeds nine months, landlords are required to pay interest on the security deposit.
  • Bank Account: Security deposits must be kept in a federally insured interest-bearing account for the tenant’s benefit.
  • Withholding Rules: Landlords can deduct from the security deposit for damages, unpaid rent, cleaning, or repairs beyond normal wear and tear. They must provide written notice detailing these deductions along with the remaining deposit.

Rent Payments

The rules governing rent payments include:

  • Laws: Rent is due on the date specified in the lease agreement; if not specified, it is due at the end of the month.
  • Late Fees and Grace Period: While there is no maximum late fee, 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 a landlord fails to make necessary repairs after being notified by the tenant, the tenant may arrange for repairs and deduct the costs from their rent.

Landlord Right of Entry

Landlords must adhere to specific notice requirements regarding entry into rental properties:

  • Notice Requirements: Landlords are required to provide reasonable written or verbal notice to tenants before entering the rental property.

Property Repairs

Landlords have specific responsibilities concerning property maintenance:

  • Landlord Responsibilities: Landlords must maintain rental units in a habitable condition by meeting basic health and safety standards and promptly addressing repair requests.
  • Tenant Repairs: If a tenant fails to maintain essential utilities, the landlord may initiate eviction proceedings with a three-day notice to quit.

Terminating a Lease

The process for terminating a lease in North Dakota includes:

  • Month-to-Month Tenancy: A month-to-month lease 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.

Statutes

FAQs

In North Dakota, landlords can charge a security deposit of up to one month’s rent. They must return the deposit within thirty days after the lease ends, provided the property is in suitable condition. If the occupancy period exceeds nine months, landlords are required to pay interest on the security deposit.

A tenant can terminate a month-to-month lease in North Dakota by providing a 30-day written notice to the landlord. This notice must be given before the next rental payment is due.

No, North Dakota does not have rent control laws. Landlords are free to set rental prices without any state-imposed limits.

Landlords renting properties built before 1978 must disclose the presence of lead-based paint to tenants. This is crucial as lead exposure can lead to serious health issues, particularly in young children and pregnant women.

Landlords in North Dakota are responsible for keeping rental units habitable by meeting basic health and safety standards. They must promptly address repair requests from tenants to ensure the property remains in good condition.

If a tenant fails to pay rent, landlords can issue a 3-day notice to pay rent or quit. If the tenant does not comply, the landlord may initiate eviction proceedings.

No, landlords must provide reasonable written or verbal notice to tenants before entering the rental property. This ensures tenants are aware and can prepare for the visit.

Landlords can deduct from a tenant’s security deposit for damages, unpaid rent, cleaning, or repairs that exceed normal wear and tear. They must provide written notice detailing these deductions along with the remaining deposit.