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North Dakota Leases and Rental Agreements Laws

A lease is a legal contract outlining the obligations and rights of both the landlord and the tenant. The lease, or rental agreement, always includes the terms of the lease (such as "month to month" or "one year"), the amount of rent and security deposit, and other vital information. A lease also may state the landlord's rules for keeping pets, parking cars, and other details. State laws regulate rental agreements to a degree, typically placing limits on how much deposit a landlord may charge and when deposits are due.

North Dakota Lease and Rental Agreement Laws at a Glance

The following table provides details about North Dakota's lease and rental agreement laws. See FindLaw's Rental and Lease Agreements section for more articles.

Code Section 14-02.4-01, et seq.; 47-16-01, et seq.
Presumed Renewal of Lease If a lessee of real property remains in possession of the real property after the expiration of the lease and the lessor accepts rent from the lessee, the parties are presumed to have renewed the lease on the same terms and for the same time, not exceeding one year. Except in the case of a lease with an automatic renewal clause, if a lessee of real property for residential purposes remains in possession of the property after the expiration of the lease and the lessor accepts rent from the lessee, the parties are presumed to have renewed the lease as a month-to-month tenancy.  
Deposits

Limit 1 month rent; interest on deposit required unless occupancy less than 9 months; deposit must be returned within 30 days.

A lessor may apply security deposit money and accrued interest upon termination of a lease towards:

  1. Any damages the lessor has suffered by reason of deteriorations or injuries to the real property or dwelling through the negligence of the lessee or the lessee's guest.
  2. Any unpaid rent.
  3. The costs of cleaning or other repairs which were the responsibility of the lessee, and which are necessary to return the dwelling unit to its original state when the lessee took possession, reasonable wear and tear excepted.
Discrimination No discrimination on basis of race, color, religion, sex, national origin, age, physical or mental handicap, or status in marriage or public assistance
Uniform Residential Landlord & Tenant Act Adopted? No

Note: State laws are constantly changing, often through the actions of higher courts or the enactment of newly signed legislation. While we strive to ensure the accuracy of these pages, you also may want to contact a North Dakota landlord-tenant law attorney or conduct your own legal research to verify the state law(s) you are researching.

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