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Lease Agreements By Type
Commercial Lease Agreement – Details the facts of a real estate transaction between a landlord and a business entity or owner.
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Lease to Own Agreement – Encompasses the information contained in a typical residential contract with a supplemental advantage of first refusal to purchase at the end of the leasing period.
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Month-to-Month Lease – Covers the relevant components of the exchange of funds for the use of a property with the option to end the agreement early by providing notice of thirty (30) days before termination.
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Roommate Agreement – Uses a rental contract to arrange for an individual to inhabit a segment of a residence for a specified amount of time.
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Standard Lease Agreement
– Poses a legitimate arrangement to rent a piece of real estate for a designated time and monthly stipend within a standardized contract.
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Sublease Agreement – Incorporates the information on a lease of a property to a written commitment from a leasing tenant to a secondary leasing sub-tenant.
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Landlord-Tenant Laws
An expanded version of the state rules providing data on the rights and responsibilities for both the occupants and owners of leased real estate can be retrieved by exploring the contents of the North Dakota Century Code § 47-16 – Leasing of Real Property.
Required Landlord Disclosures
Move-in Checklist (§ 47-16-07.2) – The state sanctions that any lease agreement must be accompanied by an endorsed checklist covering the condition of the property upon moving in. The checklist examines the state of the domicile’s exterior and interior to compare with the physical status of the property at the end of the leasing period.
Lead-Based Paint (42 U.S. Code § 4852d) – The health hazard created by coming into contact with lead-composed paint must be indicated for dwellings built in 1978 or earlier. An informational packet must be issued to the potential occupant, and a signature obtained stating notification of the possibility of exposure to the substance.
When is Rent Late?
An allowable grace period is not established in the real estate leasing rules and guidelines enforced by the state of North Dakota. The law asserts that payment for residential lodging is compensated at the end of each month (§ 47-16-20).
Late Fees
The North Dakota Attorney General Guide to Tenant Rights refers to the capacity for a landlord to charge a fee on late rent. The amount and scheduling of each cost must be expressly described in the contract to be imposed.
NSF Checks
The penalty for returned checks is capped at $40 per instance and must be included in the written lease to rightfully collect a fee (§ 6-8-16.2a).
Security Deposit Maximum
The utmost limit on the security deposit a landlord can request from a tenant is equal to one month’s rental payment. An exception to this rule is allowed, should the tenant be a convicted felon or breached a prior lease contract, in which two months’ rent can be lawfully demanded. Additionally, deposits are acceptable for the housing of pets and can total no more than $2,500 or 2 months’ rent, whichever is greater. For pets deemed as “service animals”, a landlord cannot request an additional security deposit for the animal (§ 47-16-07.1).
Security Deposit Return
The remaining security deposit is to be remitted to the tenant thirty (30) days after the lease has expired and residence vacated. For circumstances involving damage to the property or unpaid rent, reduction in the return amount can be recorded in writing and delivered to the occupant with what is left of the deposit amount. For tenants residing in a leased home for more than nine (9) months, any earned interest on the security deposit is to be returned to the tenant (§ 47-16-07.1).
Landlord’s Entry
The North Dakota Century Code does not explicitly designate a definitive amount of advanced notice to give a tenant before entering the leased home. The legislative decree does state that, except in the case of emergency, notice must be provided and consent from the tenant received before gaining access to the property. Once permission is given, entering must be administered during generally-accepted “reasonable” hours of the day (§ 47-16-7.3).
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