Sample North Dakota Rental Lease Agreement
North Dakota Rental Lease Agreement
With varying landlord-tenant laws from state to state, you ought to learn all you can before you sign any free rental lease agreement form.
The state of North Dakota has the following laws that apply to residential rental units.
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The Official Rules and Regulations
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Attorney General’s Guide to Tenant Rights & Responsibilities
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Leasing of real property - N.D. Cent. Code § 47-16-01 to 47-16-41
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Eviction Laws - N.D. Cent. Code § 47-32-01 to 47-32-04
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Limitations of Actions - N.D. Cent. Code § 28-01-01 to 28-01-47
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Security Deposit
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The security deposit maximum is one month’s rent
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The security deposit interest is required for tenancies lasting longer than 9 months.
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A landlord should set up a separate security deposit bank account.
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The state of North Dakota allows charging and payment of pet deposits but, it has a limit of $2500 or two month’s rent; whichever is greater. The exception to this rule applies to companion and service animals for tenants with a disability. The reasonable accommodation of the pets falls under the housing laws.
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No North Dakota Statutes govern what happens to non-refundable fees
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The deadline for returning the security deposit is 30 days.
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Some of the acceptable uses of the security deposit include.
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Covering unpaid rent
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Payment for damage to the premises caused by the tenant or their pet due to negligence on the part of the tenant or their guests.
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The landlord is required to prepare a written description or an itemized list of charges and damages. The statement with the itemized list should be sent to the tenant at their forwarding address. It should include the amount of the refund, as well as any amount due to the landlord.
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No statutes govern the record-keeping of deposit withholdings or receipt of deposits.
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In the event of non-compliance, a landlord who lacks justification withholds a portion of the security deposit is reliable for three times the amount withheld.
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Rent, Lease, and Fees
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According to the North Dakota rental lease agreement, rent is due as agreed in the lease, or at the end of a regular lease term
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A rent increase notice of 30 days should be given, but the laws don’t have a provision for rent grace period or prepaid rent.
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As a contingency move, the landlord could impose late fees only if provided in the rental lease agreement. The lease has to state the amount charged as late fees.
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Returned checks attract a fee of $40.
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The statutes say nothing on whether the tenant can withhold rent for the landlord’s failure to provide essential services like water
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But, the tenant can repair and deduct rent. The only catch is that the tenant should give notice of repairs within a reasonable time to the landlord.
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The landlord can recover attorney fees
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The landlord should make reasonable attempts to mitigate any damages to the lessee, including any attempts to re-rent.
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The state of North Dakota has no statutes on abandonment or early termination fees.
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Notices and Entry
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Termination of fixed-end-date leases doesn’t require notices because the lease ends on the agreed date.
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Termination of yearly leases require one-month written notice
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To terminate a monthly lease, a month’s notice is essential, unless the parties agree otherwise. And, to terminate a weekly lease, you need a week-long lease.
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To terminate a tenancy with 24-hours’ notice, the landlord could give 3-day written notice of lease violations, and any other offenses, although no statute exists for this.
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No statute outlines the due course of move out inspections, date and time,
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All leases could be terminated for nonpayment after issuance of a 3-day written notice. This applies to termination because of lease agreement violations.
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For entry before notice, no specific amount of time is required by the statute, but the landlord must give notice of intent to enter.
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Entry with notice is allowed for non-emergency repairs and maintenance works.
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Entry is also allowed with notice for showings.
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The landlord can enter a residential unit without notice in the event of an emergency.
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No statutes govern pesticide notification or entry after an extended absence.
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Lockouts and utility shut-offs aren’t allowed.
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Disclosures and Miscellaneous Notes
Even though the rental lease agreement in North Dakota has no statutes for the copy of the lease and name or addresses, it has laws on the requirement of move-in statements, domestic violence situations, landlord and tenant duties, lead disclosure and retaliation.
Court-related matters
The North Dakota Small Claims Court has its limits set at $15,000. And, the courts don’t allow any eviction cases as they are only heard in the district courts.
The statute of limitations is set for 6 years for written and oral contracts.
You can get help from the North Dakota Judiciary, Legal Aid, The Attorney General, or the Bar Association.
Business Licenses
Before you fill out our free North Dakota Rental Lease Agreement form, you might want to know that no state-wide statutes exist on matters relating to licenses but, the rules could change at the county or the local city level.
Don’t forget that our legal agreement forms are free and available online.
Sample
ND Rental Lease Agreement
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