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North Dakota Sublease Agreement Template

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North Dakota Sublease Agreement Template

Updated March 18, 2024

A North Dakota sublease agreement is a rental contract in which an initial tenant (sub-lessor) and a new tenant (sub-lessee) arrange the sublet of a property. Before entering a sublease, the sub-lessor must confirm permission from the property owner or manager by either referring to the master lease or seeking express written consent from the landlord.

Right to Sublet

North Dakota law does not explicitly allow nor prohibit the practice of subletting. This means that a tenant’s lease will determine whether or not a rented property can be subleased. Renters should read their lease carefully. If it does not grant the right to sublet, a tenant should obtain the landlord’s written permission before doing so.

When seeking permission to sublet, a Landlord Consent Form is an efficient way to get it in writing.

Short-Term (Lodgings) Tax

For tax purposes, North Dakota defines a short-term rental (STR) as one that lasts for fewer than 30 consecutive days. Homeowners and renters are responsible for acquiring, collecting, and remitting taxes on short-term rentals unless they have a contract with a lodging marketplace that indicates the lodging marketplace is responsible for collecting and remitting taxes.[1]

North Dakota short-term rental taxes:

  • 5% state sales/use tax[2]
  • Local Lodgings Tax (varies but may not exceed 2%)[3]
  • County and city sales/use tax (varies by locality)[4]

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Sources

  1. State Tax Commissioner: Sales Tax: Hotels, Motels, and Lodging Facilities
  2. State Tax Commissioner: Sales/Use Tax
  3. State Tax Commissioner: Local Taxes
  4. State Tax Commissioner: Local Taxes by location