Is it necessary to have a written lease in North Dakota?

A written lease is not required, however, it is recommended in order to protect both parties' interests.

What about a signed move-in move-out inspection report?

North Dakota law requires a landlord to provide a tenant with a statement describing the condition of the premises before the move-in. All existing damage or problems must be noted on the statement. Both the landlord and tenant are required to agree on the condition of the unit and sign the statement.

Can the landlord charge a deposit?

A landlord can require a tenant to pay a security deposit which cannot exceed 1 month’s rent. The landlord can also charge an additional deposit if the tenant has a pet. In any event, the security deposit must not exceed $1,500. The security deposit can be used to repair any damages caused by the tenant (or the tenant’s guests or family), for unpaid rent, or to pay the costs of cleaning the premises at the end of the tenancy. The deposit must be placed in an interest-bearing account established solely for security deposits.

The landlord must return the deposit, less any deductions, and an itemized list of such deductions, within 30 days of the end of the tenancy. The landlord cannot withhold money for normal wear and tear. Interest must be paid on the deposit if the landlord holds the funds for more than 9 months.

When is the landlord allowed to increase the rent?

If the lease is month-to-month, the landlord may raise the rent by any amount by providing written notice at least 30 days in advance of the increase. However, if the landlord changes the terms of the lease, the tenant can terminate the lease by giving at least 25 days' notice. If the lease is for a fixed term, such as 1 year, the landlord generally cannot raise the rent until the end of the lease term.

Can the landlord levy additional charges for late rent?

The landlord has the right to charge a late fee, provided that it is set out as a provision in the lease. The lease must state how much the late fee will be and when it will be effective.

How can a lease be terminated?

A lease for a fixed term terminates at the end of the lease period, and generally cannot be terminated before then. unless the parties otherwise agree otherwise. If the lease is month-to-month, either party can terminate by giving the other party 30 days written notice.

If the written lease does not set out a specific term, the lease is presumed to be for 1 year from the date of commencement. If the tenant remains in possession after the expiration of the lease and the landlord continues to accept rent, the parties are presumed to have renewed the lease on the same terms and the same time period, not to exceed 1 year. Notwithstanding this, however, a landlord cannot enforce an automatic renewal clause UNLESS the landlord has notified the tenant in writing of the renewal clause at least 30 days prior to the expiry date of the current lease.

Can a tenant assign a lease or sublet the premises?

Some leases have provisions dealing with assignments and subleasing, and some do not. Generally, if a landlord gives consent, the tenant may assign the lease or sublet the unit.

When is the landlord permitted to enter the premises?

A landlord may enter the premises at any time if there is an emergency, or during reasonable hours and upon reasonable notice, to repair, inspect or show the property. Unless it is impractical to do so, the landlord must first notify and receive the consent of the tenant. The tenant cannot unreasonably withhold consent and must specify a convenient time. The landlord is prohibited from abusing the right of access or from using it to harass or intimidate a tenant.

On what grounds can a landlord evict a tenant?

A tenant can be evicted, even during the winter, for non-payment of rent, disturbing the other tenants, illegal activity conducted on the premises, unreported pets, or too many occupants in violation of the lease.

In order to evict a tenant, a landlord must commence a legal action and obtain a court order.

It is illegal for a landlord to lock out a tenant, confiscate the tenant’s belongings, or cut off the utilities in an attempt to force the tenant to move.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.