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North Dakota Rental Lease Agreements | Residential & Commercial

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The North Dakota lease agreements are written for the use of landlords and tenants seeking to have a mutual understanding over the renting of property. All contract made must be in accordance with the State laws located in Chapter 47-16 (Leasing of Property) and typically after a tenant views and approves the space a document made be formed to match both parties’ intentions.

Rental Application – For the screening process on behalf of the landlord so that they may be able to view the background n the individual and ensure the tenant is credible.

Table of Contents


Commercial Lease Agreement – For the use of property to be used primarily for a business or a professional service.

Lease with Option to Purchase Agreement – Also referred to as a ‘Lease to Own’ where the tenant is given the chance to acquire the property in accordance with agreed upon terms.

Month to Month Lease Agreement (§ 47-16-07.2) – Type of arrangement with a commencement but with no end date. The landlord or tenant may terminate the document with at least thirty (30) days’ notice.

Room Rental (Roommate) Agreement – Designated for individuals sharing a residential dwelling with common space such as living rooms, kitchen areas, etc.

Standard Residential Lease Agreement – For a specified term usually lasting twelve (12) months.

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Sublease Agreement – The act of subletting which starts with a tenant who has an agreement with a landlord to re-rent the space to another person known as the ‘subtenant’.

Termination Lease Letter (§ 47-16-15) – This form may be used to cancel a month-to-month arrangement with at least thirty (30) days’ notice. If the landlord attempts to change the agreement, such as raise rent, the tenant has the right to terminate the tenancy with at least twenty-five (25) days’ notice (§ 47-16-07).


Lead Based Paint – Federal law requiring all landlords, property managers, and agents to disclose to any potential lessee the awareness of lead paint in building structures built prior to 1978.

Property Checklist (§ 47-16-07.2) – When authorizing a lease the landlord and tenant must go through the premises and mark down the current conditions.


According to § 47-16-07.3 the landlord may go inside the property with reasonable notice given to the tenant and the during reasonable hours of the day.

Security Deposits

The landlord must deposit all funds into a federally insured interest-bearing savings or checking account for the benefit of the tenant.

Maximum (§ 47-16-07.1) – The landlord may ask for up to one (1) month’s rent for a tenant with no pets and up to two (2) months’ rent or a maximum of two-thousand five hundred dollars ($2,500) if there is a pet.

Returning (§ 47-16-07.1) – All funds must be returned within thirty (30) days from the end period and possession has been given back to the landlord.

Helpful Resources

(Video) What are the North Dakota Rental Laws?