North Dakota Residential Lease Agreement

North Dakota Residential Lease Agreement

Generate a comprehensive lease agreement compliant with North Dakota rental laws

Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Additional Terms

Important Information for North Dakota Landlords

⚠️ Legal Notice: This lease generator provides a basic template. North Dakota has specific rental requirements under state statutes. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.

North Dakota Rental Law Highlights

Security Deposits (NDCC § 47-16-07.1)

  • Maximum Amount: One month’s rent (if rent is paid monthly)
  • Pet Deposit: Combined security and pet deposits cannot exceed two months’ rent
  • Return Timeline: 30 days after tenant vacates
  • Itemized Statement: Required if deductions are made, sent to last known address
  • Interest: Not required on security deposits
  • Move-In Inspection: Strongly recommended; statement of condition required within 7 days
  • Normal Wear and Tear: Cannot deduct for ordinary deterioration
  • Penalties: Triple damages for bad faith withholding

Rent and Rent Increases (NDCC § 47-16-07)

  • Grace Period: No statutory grace period required
  • Late Fees: Must be reasonable; typically stated in lease
  • Rent Increase Notice: 30 days for month-to-month tenancies
  • Fixed Term: Cannot increase rent during lease term unless specified
  • No Rent Control: North Dakota does not have rent control laws

Required Disclosures (NDCC § 47-16-07.3, 47-16-13.1)

💡 Important: North Dakota requires specific disclosures. This form does not include all required disclosures. You must separately provide:
  • Lead paint disclosure (pre-1978 properties) – Federal requirement
  • Name and address of landlord or authorized property manager (NDCC § 47-16-07.3)
  • Statement of condition within 7 days of occupancy (NDCC § 47-16-07.2)
  • Smoke detector information
  • Bedbug disclosure (if known infestation within past year)

Eviction and Termination (NDCC § 47-16-17, 47-16-23)

  • 3-Day Notice: For nonpayment of rent (NDCC § 47-16-17)
  • 30-Day Notice: For lease violations or to terminate month-to-month (NDCC § 47-16-15)
  • Immediate Notice: For serious violations (criminal activity, endangerment)
  • Court Process Required: Must file eviction action in district court
  • No Self-Help: Lockouts and utility shutoffs are illegal (NDCC § 47-16-13.5)

Landlord Obligations (NDCC § 47-16-13.1)

  • Habitability: Must maintain premises in fit and habitable condition
  • Essential Services: Heat, water, hot water must be functional
  • Compliance: Must comply with applicable building and housing codes
  • Structural Integrity: Maintain in safe and weathertight condition
  • Smoke Detectors: Required per local ordinances
  • Common Areas: Keep clean and in good repair
  • Repairs: Must make necessary repairs within reasonable time

Entry Requirements (NDCC § 47-16-13.2)

  • Notice Required: Reasonable notice (typically 24 hours)
  • Reasonable Times: Entry during reasonable hours only
  • Emergency Exception: May enter without notice in emergency
  • Permitted Purposes: Inspection, repairs, showing to buyers/tenants
  • Court Order: May enter pursuant to court order

Tenant Rights and Protections

  • Quiet Enjoyment: Right to peaceful possession without interference
  • Privacy Rights: Right to reasonable notice before entry (NDCC § 47-16-13.2)
  • Repair and Deduct: May repair and deduct from rent after proper notice (NDCC § 47-16-13.3)
  • Rent Withholding: May withhold rent for serious violations (NDCC § 47-16-13.3)
  • Retaliation: Landlord cannot retaliate for complaints (NDCC § 47-16-13.4)
  • Security Deposit Protection: Triple damages for bad faith withholding
  • Military Service: SCRA protections for active duty members

North Dakota-Specific Considerations

Security Deposit Limits (NDCC § 47-16-07.1)

  • Maximum one month’s rent for security deposit
  • May charge additional pet deposit
  • Combined security and pet deposits cannot exceed two months’ rent
  • Must return within 30 days with itemization if deducting
  • Triple damages available for bad faith withholding

Statement of Condition (NDCC § 47-16-07.2)

  • Landlord must provide written statement of condition within 7 days of occupancy
  • Must describe condition of premises and any existing damage
  • Protects both landlord and tenant
  • Tenant should document and return with any additions
  • Critical for security deposit disputes

Repair and Deduct Remedy (NDCC § 47-16-13.3)

  • Tenant may repair and deduct cost from rent
  • Must notify landlord in writing of needed repair
  • Landlord has reasonable time to make repair
  • Repair cost should be reasonable
  • Tenant should obtain estimates and receipts

Landlord Retaliation (NDCC § 47-16-13.4)

  • Landlord cannot retaliate for tenant complaints
  • Cannot retaliate for tenant organizing or joining tenant organizations
  • Retaliation includes rent increases, service reductions, or eviction
  • Strong statutory protections for tenants

Abandoned Property (NDCC § 47-16-30.1)

  • Property presumed abandoned if tenant absent without notice
  • Landlord must provide written notice to tenant
  • May dispose of property after reasonable period
  • Should store valuable items for reasonable time
  • Document abandoned condition with photos

Smoke Detector Requirements

  • Required in most rental units (check local ordinances)
  • Landlord typically responsible for installation
  • Tenant responsible for battery replacement
  • Carbon monoxide detectors required in some jurisdictions
  • Check local fire codes for specific requirements

Fair Housing Requirements

⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, familial status, national origin, disability, or status with respect to marriage or public assistance under North Dakota law (NDCC § 14-02.4). Some cities may have additional protected classes.

Best Practices for North Dakota Landlords

  • Use comprehensive written leases for all tenancies
  • Provide statement of condition within 7 days of occupancy
  • Conduct thorough move-in and move-out inspections with photos
  • Limit security deposits to one month’s rent
  • Keep pet deposits within limits (total max 2 months’ rent)
  • Return deposits within 30 days with itemization if deducting
  • Give reasonable notice (24 hours) before entering property
  • Keep detailed records of all transactions and communications
  • Respond promptly to repair requests
  • Maintain property to comply with housing codes
  • Install and maintain working smoke detectors
  • Never use self-help eviction methods
  • Follow proper court procedures for evictions
  • Clarify snow removal responsibilities in lease
  • Address heating system maintenance before harsh winters
  • Consider landlord insurance with loss of rent coverage

Extreme Winter Weather Considerations (Critical in North Dakota)

  • Heating Systems: Must maintain functional heat during extreme cold (-30°F to -40°F)
  • Block Heater Outlets: May be important for tenant vehicles (especially in Fargo, Grand Forks)
  • Snow Removal: Clearly specify responsibility (critical for safety and access)
  • Ice Dams: Address roof maintenance and insulation
  • Frozen Pipes: Ensure adequate insulation and heating in walls
  • Emergency Access: Keep walkways and exits clear during blizzards
  • Temperature Requirements: Maintain habitable temperatures (typically 68°F minimum)
  • Storm Windows: May be required for energy efficiency

Rural Property Considerations

  • Oil/Gas Mineral Rights: Disclose if property subject to mineral rights activity
  • Well Water: Landlord typically maintains well system
  • Septic Systems: Clarify maintenance responsibilities
  • Propane/Heating Oil: Specify who pays and maintains
  • Gravel Driveways: Specify maintenance responsibilities
  • Agricultural Land: Include specific provisions if applicable

Resources

  • North Dakota Century Code (NDCC) – Title 47, Chapter 16 (Landlord and Tenant)
  • State Bar Association of North Dakota – Real Estate Section
  • Legal Services of North Dakota
  • North Dakota Department of Commerce
  • Local housing authorities
  • District courts (for eviction procedures)
  • North Dakota Apartment Association
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. North Dakota has specific landlord-tenant laws under NDCC Chapter 47-16 including security deposit requirements (max 1 month’s rent, combined with pet deposit max 2 months’ rent, 30-day return, triple damages for bad faith withholding), statement of condition within 7 days requirement, reasonable entry notice, repair and deduct remedy, strong retaliation protections, and eviction procedures (3-day notice for nonpayment, 30-day for violations). This form does not include all required North Dakota disclosures. Consult with a qualified North Dakota real estate attorney to ensure full compliance with all applicable federal, state, and local laws.