North Dakota Subletting, Lease Endings & Tenant Death
North Dakota rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). N.D.C.C. ch. 47-16 (reviewed); § 47-16-30
The rules in North Dakota
| Subletting | North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease. Reviewed N.D.C.C. chapter 47-16 on 2026-10-28; no provision found. |
|---|---|
| When the lease ends | If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice. Chapter 47-16 refers to a tenant who is 'a wrongdoer by holding over' (§ 47-16-27) but sets no holdover rent penalty. |
| If a tenant dies | When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule. |
North Dakota vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| North Dakota | North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease. N.D.C.C. ch. 47-16 (reviewed); § 47-16-30 | If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice. N.D.C.C. §§ 47-16-06, 47-16-06.1, 47-16-15(5) | When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule. N.D.C.C. §§ 47-16-18, 47-16-07.1, 47-16-30.1 |
| Minnesota | Not verified yet | For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1). Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1 | When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void. Minn. Stat. §504B.265 |
| Montana | Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. The statute sets no standard for when the landlord must agree. Mont. Code Ann. § 70-24-305 | If the lease does not set a default extension period and neither side gives 30 days' written notice to end the tenancy before the original end date, the tenancy continues month to month. A tenant who stays without the landlord's consent after the lease ends can be sued for possession. If the landlord consents to continued occupancy, the tenancy is month to month (week to week for a roomer paying weekly). For a lease longer than month to month that the landlord ended for cause, a purposeful, bad-faith holdover lets the landlord recover up to 3 months' periodic rent or treble damages, whichever is greater; the same applies when a month-to-month tenant stays past a lawful 30-day no-cause termination. Mont. Code Ann. §§ 70-24-205, 70-24-429, 70-24-201(2)(e) | Montana's Residential Landlord and Tenant Act has no provision on what happens to a lease, the deposit, or the tenant's belongings when the tenant dies. Mont. Code Ann. Title 70, ch. 24 (reviewed); Title 70, ch. 25 (reviewed) |
| South Dakota | South Dakota has no state law in its lease chapter that sets a consent standard for a residential tenant to sublet or assign. The chapter provides that a landlord has the same remedies against the tenant's assignees, for claims arising while they hold the lease, as against the original tenant (except an assignment made only as security for a loan without possession). SDCL ch. 43-32 (reviewed); SDCL 43-32-20 | If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, up to one year. A lease with no stated term renews automatically unless either party gives notice at least as long as the rental period, up to one month. A tenant who holds over after the lease ends can be removed through an eviction (forcible entry and detainer) action. SDCL 43-32 sets no holdover rent penalty and no rule on automatic renewal clauses. SDCL 43-32-14, 43-32-15; SDCL 21-16-1(4) | A lease that either party can end at will is terminated when the other party receives notice of the tenant's death; in other cases the lease is not ended by the tenant's death. The lease chapter has no separate procedure for a deceased tenant's belongings or deposit. SDCL 43-32-23; SDCL ch. 43-32 (reviewed) |
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
- Breaking a Lease in North Dakota
- 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
- All North Dakota landlord-tenant rules
- Free legal help in North Dakota
Compare subletting, lease endings & tenant death in all 50 states and DC →
North Dakota Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in North Dakota?
North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease. (N.D.C.C. ch. 47-16 (reviewed); § 47-16-30)
What happens when my lease ends in North Dakota?
If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice. (N.D.C.C. §§ 47-16-06, 47-16-06.1, 47-16-15(5))
What happens to a lease when a tenant dies in North Dakota?
When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule. (N.D.C.C. §§ 47-16-18, 47-16-07.1, 47-16-30.1)
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.