North Dakota Residential Lease Agreement
A free North Dakota lease template, plus what North Dakota law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures North Dakota requires
| Move-in condition statement | When the rental agreement is made, the landlord must give the tenant a statement describing the condition of the facilities in and about the premises, agreed to and signed by both landlord and tenant. It is prima facie proof of the premises' condition at the start of the tenancy. Applies to: All residential rental agreements Source: N.D.C.C. § 47-16-07.2 |
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| Automatic renewal notice | For a residential lease with a term of two months or more, the landlord may enforce an automatic renewal clause only if it notifies the tenant in writing (in person or by first-class mail) of the automatic renewal provision at least 30 days before the current lease expires. Otherwise the lease expires and converts to a month-to-month tenancy on the latest lease terms. Applies to: Residential leases of 2 months or more with an automatic renewal clause Source: N.D.C.C. § 47-16-06.1 |
Terms North Dakota law requires or controls
| Notice period longer than one month | Any lease that requires the tenant to give more than one month's notice (from the end of a month) to end the lease must state the notice requirement and provide a space for the tenant to initial next to it. If the tenant did not initial it when signing, the tenant may end the lease on the last day of a month with at least one calendar month's notice. Applies to: Residential leases Source: N.D.C.C. § 47-16-15(4) |
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| Security deposit limits | The deposit, however labeled, must be kept in a federally insured interest-bearing account for the tenant and may not exceed one month's rent (up to two months' rent from a tenant with a felony conviction, as an incentive to rent, or with a prior judgment for violating a rental agreement). A separate pet deposit (not for service or assistance animals) may not exceed the greater of $2,500 or two months' rent. Interest is owed to the tenant if occupancy lasted 9 months or more. Applies to: All residential leases with a deposit, including government landlords Source: N.D.C.C. § 47-16-07.1 |
| Tenant-performed repairs | In a single-family residence, the parties may agree in writing, in good faith, that the tenant handles trash and running water/heat duties and specified repairs or maintenance. In other dwellings, a tenant may agree to do specified repairs or maintenance only in a separate signed writing, in good faith and for adequate consideration, not to cure the landlord's essential-services duties, and without reducing the landlord's duties to other tenants. The landlord may not make that separate agreement a condition of the rental agreement. Applies to: Residential leases where the tenant takes on repair duties Source: N.D.C.C. § 47-16-13.1(4)-(6) |
| Month-to-month changes | In a month-to-month tenancy, the landlord may change lease terms, including rent, effective at the end of a month by written notice at least 30 days before the month ends; the tenant may then end the tenancy at month's end with at least 25 days' notice. Applies to: Month-to-month tenancies |
Clauses that are void in North Dakota
| Fees for accepting payment | A landlord may not charge a fee to accept cash, a check or a money order for rent or any other payment required under the lease. Applies to: All residential leases Source: N.D.C.C. § 47-16-20.1 |
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| Unconscionable provisions | A court may refuse to enforce a residential rental agreement or provision that was unconscionable when made, enforce the rest without it, or limit its application; the same applies to a settlement waiving rights under the landlord and tenant maintenance sections. Applies to: All residential leases Source: N.D.C.C. § 47-16-13.3 |
| Overriding domestic violence termination rights | A tenant who is a domestic violence victim, or fears imminent domestic violence, may end the lease on advance written notice naming the person in a court order or record, paying rent for the month of termination plus one more month's rent (subject to mitigation), without other penalty or liability. The landlord may not disclose the tenant's documentation or retaliate in renting for use of this right. Applies to: All residential leases Source: N.D.C.C. § 47-16-17.1 |
Format and delivery rules
| Initial line for long notice clauses | A clause requiring more than one month's termination notice from the tenant must have a space for the tenant's initials next to it, and is enforceable only if initialed when the lease is signed. Applies to: Residential leases Source: N.D.C.C. § 47-16-15(4) |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by North Dakota law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice North Dakota law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with North Dakota law (No statute).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the North Dakota limit (N.D.C.C. § 47-16-07.1(1)-(2)). Landlord will return it, minus lawful deductions with any required itemized list, within the time North Dakota law sets (N.D.C.C. § 47-16-07.1(3)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice North Dakota law requires (N.D.C.C. § 47-16-07.3), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than North Dakota law requires.
14. Notice period longer than one month. (Write this clause to meet North Dakota law: see "Notice period longer than one month" above (N.D.C.C. § 47-16-15(4)).)
15. Security deposit limits. (Write this clause to meet North Dakota law: see "Security deposit limits" above (N.D.C.C. § 47-16-07.1).)
16. Tenant-performed repairs. (Write this clause to meet North Dakota law: see "Tenant-performed repairs" above (N.D.C.C. § 47-16-13.1(4)-(6)).)
17. Month-to-month changes. (Write this clause to meet North Dakota law: see "Month-to-month changes" above (N.D.C.C. §§ 47-16-07, 47-16-15(3)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by North Dakota law: Move-in condition statement; Automatic renewal notice. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · North Dakota landlord-tenant law · More templates
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.