Breaking a Lease in North Dakota
North Dakota rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. N.D.C.C. § 47-16-17.1
The rules in North Dakota
| Ending a lease: domestic violence | A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. The statute covers domestic violence as defined in § 14-07.1-01 only. It does not separately name sexual assault or stalking. Any remaining tenants on the lease stay bound. Rent owed before termination is still owed. Source: N.D.C.C. § 47-16-17.1 |
|---|---|
| Ending a lease: military, medical, death | Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. Source: N.D.C.C. § 47-16-18; § 47-16-17 |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
North Dakota vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| North Dakota | A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. N.D.C.C. § 47-16-17.1 | Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. N.D.C.C. § 47-16-18; § 47-16-17 |
| Minnesota | A tenant may end the lease without penalty if the tenant or an authorized occupant fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion or harassment. The tenant must give signed, dated advance written notice by mail, in person, or by the usual written method of communication with the landlord. The notice must state the fear of imminent violence, the need to terminate, the termination date, and instructions for disposing of any personal property. A qualifying document must be attached: an order for protection, a no-contact order, a court official's writing, or a qualified third party's statement. A sole tenant owes rent for the full month in which the tenancy ends, gives up the security deposit, and owes no further rent. With multiple tenants, the whole lease ends at the later of month-end or the end of the rent interval. The landlord must keep the information confidential ($2,000 statutory damages) and cannot require the perpetrator's name. Minn. Stat. § 504B.206 | Tenant death: after the death of the tenant (or of all tenants), the landlord or the personal representative may end the lease with at least two months' written notice. The notice must take effect on the last day of a calendar month and be hand-delivered or sent by first-class mail. The estate still owes rent through the notice period and damage repair. Infirmity: a tenant or authorized representative may end the lease with at least two months' written notice, effective at month-end, hand-delivered or sent first-class. This applies when a medical professional (physician, APRN or mental health professional) finds the tenant must move into a medical care facility and the tenant meets the statute's need criteria. The notice must include the medical documentation and proof of acceptance at, or a pending application to, the facility. It does not apply if the landlord can offer an accessible unit in the same complex within two months. Neither right can be waived. Minn. Stat. §§ 504B.265, 504B.266 |
| Montana | No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) |
| South Dakota | If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2 | Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. SDCL 43-32-19(1)-(2); 43-32-23 |
More North Dakota rental law
- North Dakota Security Deposit Law
- North Dakota Eviction Laws
- North Dakota Notice to Vacate Rules
- Landlord Entry Rules in North Dakota
- North Dakota Repairs & Tenant Remedies
- North Dakota Rent Increase & Late Fee Laws
- Squatters' Rights in North Dakota
- North Dakota Rental Fee Rules
- North Dakota Section 8, Records & Right to Counsel
- North Dakota Mold, Pests, Heat & AC Rules
- North Dakota Privacy, Guests & Animal Rules
- North Dakota Landlord Selling the House
- North Dakota Lockouts, Utility Shutoffs & Retaliation
- North Dakota Subletting, Lease Endings & Tenant Death
- All North Dakota landlord-tenant rules
- Free legal help in North Dakota
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Breaking a Lease in North Dakota FAQ
Can a domestic violence survivor break a lease in North Dakota?
A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. (N.D.C.C. § 47-16-17.1)
When can a tenant break a lease without penalty in North Dakota?
Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. (N.D.C.C. § 47-16-18; § 47-16-17)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.