North Dakota Rental Lease Agreement Templates

Types (6)

Commercial (PDF)

A heavily negotiated contract that, once completed and signed, permits a tenant to run their business out of the property.

Lease-to-Own (PDF)

Homeowners searching for a buyer can first lease the property to tenants, with the added condition that the tenants can purchase the dwelling if they choose.

Month-to-Month

An auto-renewing lease with terms of 1 month. If neither party cancels, the contract continues indefinitely. Required notice for canceling is 30 days.

Roommate (PDF)

Used for minimizing disagreements among renters sharing the same property.

Standard (Residential)

Used by landlords to lease property on a yearly basis. The most frequently used lease out of the options provided.

Sublease (PDF)

Used for subletting a residential property. Permission should be acquired from the landlord unless the lease specifically permits it.

What is a North Dakota Lease Agreement?

A North Dakota lease agreement establishes the terms of a rental between a property owner and a tenant. It records the rent, maintenance expectations, and rules that apply for the length of the tenancy.

North Dakota requires landlords to keep rental premises in habitable condition and to comply with all applicable housing and building codes. The state permits tenants to terminate a lease early if the property becomes uninhabitable through no fault of the tenant, provided written notice is given to the landlord.

State Laws & Guides

Laws: Ch. 47-16 “Leasing of Real Property”

Landlord-Tenant Guides / Handbooks

• North Dakota – Tenant Rights and Responsibilities.pdf
• North Dakota Tenant Rights.pdf
• Eviction for Tenants (Handbook).pdf

When is Rent Due?

Rent is due as stated by the rental agreement. There is no statute regarding a grace period for the late payment of rent.[1]

Landlord’s Access

Emergency: Landlords do not have to provide notice before entering a rental unit in an emergency.[2]

Non-Emergency: In non-emergencies, landlords must notify and receive the tenant’s consent (including a time they may enter) before accessing the rental. Landlords can only enter during reasonable times and in a reasonable manner.[2]

Landlord’s Duties

All landlords in the state must comply with the following obligations:[3]

1. Comply with all applicable building and housing codes that relate to the health and safety of tenants.
2. Supply constant running water to tenants in addition to reasonable amounts of hot water and heat (unless not required by local or state law).
3. Ensure tenants have access to garbage receptacles that allow for the safe and sanitary disposal of trash and other rubbish.
4. Make repairs to the rental unit to ensure it is safe and livable for tenants.
5. Keep all common areas both clean and safe and maintain all electrical, plumbing, and HVAC systems that were originally included in the lease.

Tenant’s Duties

Tenants must uphold the following obligations:[4]

1. Comply with all applicable health and safety codes established by local and/or state provisions.
2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit.
3. Dispose of garbage and other waste in a clean and safe manner.
4. Act in a way that does not disturb other tenants and their enjoyment of the rental and common areas.
5. Use and keep reasonably clean all fixtures, appliances, and systems as included in the lease contract.
6. Refrain from deliberately or accidentally destroying, damaging, or removing any part of the rental. Do not knowingly permit any other person to do so.

Required Disclosures

• Lead Paint Disclosure: Federal law requires landlords to disclose any known lead-based hazards in rental units built before 1978 by giving tenants a pamphlet discussing lead-based hazards in homes.[7]
• Statement Regarding the Property’s Condition: The landlord must provide the tenant with a statement describing the condition of the rental unit at the time of entering into the lease. Both parties must agree to the information in the statement and sign it.[5]

Security Deposits

Maximum: Deposits cannot be greater than 1 month’s rent. If the tenant has been convicted of a felony offense, the landlord may demand up to 2 months’ rent. Landlords are permitted to charge convicted felons more for deposits to give landlords an incentive to lease to said felons.[6]

Pet Deposit: Landlords can charge tenants an additional pet deposit if the tenants have a pet that is not a service animal or companion animal required due to a disability. The deposit cannot exceed $2,500 or an amount equivalent to 2 months’ rent (whichever amount is greater).[6]

Returning to Tenant: Landlords must return collected security deposits within 30 days after the lease’s termination. A landlord who intends to keep a portion or all of the security deposit must itemize all deductions and deliver or mail the list in addition to a written notice to the tenant at their last known address.[6]

Deposit Interest: Must be given to tenants locked into a lease of 9 months or longer. Accrued interest can be used in conjunction with the security deposit for deducting certain expenses (below).[6]

Uses of the Deposit: Landlords can deduct from security deposits to cover the following expenses:[6]

1. Unpaid rent.
2. Deteriorations or injuries to the rental unit that resulted from the tenant’s pet or from negligence of the tenants or their guests.
3. Cleaning costs or other repairs that were the responsibility of the tenants and have to be completed to return the rental unit to its original condition. Does not include reasonable (expected) wear and tear.