Free North Dakota Rental Lease Agreement


Sample North Dakota Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, North Dakota, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of North Dakota, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of North Dakota.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of North Dakota (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of North Dakota, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, North Dakota, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, North Dakota, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

  • The Official Rules and Regulations

    • Attorney General’s Guide to Tenant Rights & Responsibilities

    • Leasing of real property – N.D. Cent. Code § 47-16-01 to 47-16-41

    • Eviction Laws – N.D. Cent. Code § 47-32-01 to 47-32-04

    • Limitations of Actions – N.D. Cent. Code § 28-01-01 to 28-01-47

  • Security Deposit

    • The security deposit maximum is one month’s rent

    • The security deposit interest is required for tenancies lasting longer than 9 months.

    • A landlord should set up a separate security deposit bank account.

    • 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.

    • No North Dakota Statutes govern what happens to non-refundable fees

    • The deadline for returning the security deposit is 30 days.

    • Some of the acceptable uses of the security deposit include.

      • Covering unpaid rent

      • 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.

    • 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.

    • No statutes govern the record-keeping of deposit withholdings or receipt of deposits.

    • 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.

  • Rent, Lease, and Fees

    • 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

    • 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.

    • 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.

    • Returned checks attract a fee of $40.

    • The statutes say nothing on whether the tenant can withhold rent for the landlord’s failure to provide essential services like water

    • 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.

    • The landlord can recover attorney fees

    • The landlord should make reasonable attempts to mitigate any damages to the lessee, including any attempts to re-rent.

    • The state of North Dakota has no statutes on abandonment or early termination fees.

  • Notices and Entry

    • Termination of fixed-end-date leases doesn’t require notices because the lease ends on the agreed date.

    • Termination of yearly leases require one-month written notice

    • 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.

    • 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.

    • No statute outlines the due course of move out inspections, date and time,

    • All leases could be terminated for nonpayment after issuance of a 3-day written notice. This applies to termination because of lease agreement violations.

    • For entry before notice, no specific amount of time is required by the statute, but the landlord must give notice of intent to enter.

    • Entry with notice is allowed for non-emergency repairs and maintenance works.

    • Entry is also allowed with notice for showings.

    • The landlord can enter a residential unit without notice in the event of an emergency.

    • No statutes govern pesticide notification or entry after an extended absence.

    • Lockouts and utility shut-offs aren’t allowed.

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

North Dakota Rental Lease Agreement

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