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North Dakota

A North Dakota residential lease agreement is a legal document that establishes the terms and conditions between a landlord and a tenant regarding the rental of a property. This agreement is binding and outlines the rights and obligations of both parties.

Rental Application

Before finalizing a lease, landlords typically require potential tenants to complete a rental application. This form is used to verify the tenant’s information, references, and credit history, as well as to assess their financial situation.

Required Disclosures

Landlords in North Dakota must provide specific disclosures in residential lease agreements:

  1. Lead-Based Paint Disclosure: For properties built before 1978, landlords must inform tenants about the potential presence of lead-based paint and provide an EPA-approved pamphlet regarding its dangers.

  2. Property Condition Statement: This statement must be signed by both the landlord and tenant, documenting the condition of the property before the tenant moves in.

  3. Move-In Checklist: Landlords are required to provide a checklist to inventory existing property damage when the tenant takes possession. This checklist should be signed by both parties to confirm agreement on the property’s condition.

Security Deposit Laws

Maximum Amount

  • For tenants with a felony conviction or a judgment against them for violating a previous lease, landlords may charge up to two months’ rent.
  • For all other tenants, the maximum security deposit is one month’s rent.

Returning the Deposit

  • Any unused portion of the security deposit must be returned to the tenant within 30 days of the end of the tenancy. Landlords must provide an itemized list of any deductions made from the deposit.

Interest Payments

  • If the occupancy period exceeds nine months, landlords are required to pay interest on the security deposit.

Bank Account Requirement

  • Security deposits must be placed in a federally insured interest-bearing account for the tenant’s benefit.

Rent Payment Laws

  • Grace Period: There is no grace period for rent payments.
  • Maximum Late Fee: There is no maximum late fee, but it must be reasonable and outlined in the lease.
  • NSF Fee: A fee of $40 is applicable for non-sufficient funds (NSF) checks.

Landlord Rights and Responsibilities

Right of Entry

Landlords must provide reasonable written or verbal notice before entering the rental property.

Property Repairs

Landlords are responsible for maintaining rental units to meet basic health and safety standards and must promptly address repair requests.

Tenant Responsibilities

Tenants must maintain essential utilities, and if they fail to do so, the landlord may initiate eviction proceedings with a three-day notice.

Terminating a Lease

  • Month-to-Month Tenancy: Either party can terminate the lease by providing a 30-day written notice.
  • Unclaimed Property: Property valued under $2,500 left on the premises can be disposed of by the landlord at least 28 days after the tenant has moved out.

FAQs

A North Dakota residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms and conditions of renting a property. It typically includes details such as the rental period, amount of rent, security deposit information, and the rights and responsibilities of both parties.

In North Dakota, landlords must provide certain disclosures in lease agreements, including a lead-based paint disclosure for properties built before 1978 and a property condition statement documenting the property’s condition before the tenant moves in.

In North Dakota, landlords can charge a maximum of one month’s rent for a security deposit, or up to two months’ rent for tenants with a felony conviction or previous lease violations. The unused portion of the deposit must be returned within 30 days of the tenancy’s end, along with an itemized list of any deductions.

No, North Dakota does not have a mandated grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords can impose late fees as outlined in the lease.

Yes, a lease agreement can automatically renew in North Dakota. If the initial term ends without specific renewal language, it typically converts to a month-to-month rental agreement under the same terms.

If a landlord fails to provide required disclosures, they may face legal consequences, including potential fines or penalties. For example, not disclosing lead-based paint hazards can result in significant fines.

North Dakota does not regulate late fees, meaning landlords can charge any amount as long as it is reasonable and specified in the lease agreement. However, a common practice is to issue a notice to pay rent or quit within a few days.

No, lease agreements do not need to be notarized in North Dakota. A lease is valid as long as it is written and signed by both parties.