Disclaimer: This blog post is meant for informational purposes only and does not constitute legal advice. Consult with a licensed attorney in North Dakota for specific legal guidance.Â
Creating lease agreements that help you stay compliant with North Dakota state requirements while protecting both tenants and the property doesn’t have to be complicated. This comprehensive guide breaks down everything you need to know, what components to include, and the different laws and regulations to consider.
Looking to simplify your leasing process in North Dakota? Download our free 2025 North Dakota lease agreement template at the top of this post. It’s a great place for property managers to start customizing their own documents.
What Is a North Dakota Lease Agreement?
A North Dakota lease agreement is a written contract that spells out the terms of a rental arrangement between a property manager or landlord and a tenant. This legally binding contract outlines key details like the length of the lease, monthly rent, due dates, and rules for the property. For property management companies in North Dakota, it serves as the foundation of a successful rental relationship by clearly defining the responsibilities and expectations of both parties.
In addition to protecting the landlord’s property and income, it gives tenants clarity on their rights and obligations, reducing the likelihood of misunderstandings or legal disputes. Every lease signed in the state must follow local and federal laws—so using a compliant and well-structured lease is a must.
Who Needs a North Dakota Lease Agreement?
Anyone renting out residential property in North Dakota needs a lease agreement. The state requires that any lease lasting more than one year must be in writing and signed by both parties. But even for shorter terms, a written lease is a good idea.
Property managers and landlords benefit from having the terms spelled out in writing—especially when managing multiple tenants across different units. A proper lease reduces the risk of disputes and gives legal backing when conflicts arise. Tenants, too, gain protection and peace of mind from knowing exactly what to expect.
Here’s who should use a North Dakota lease agreement:
- Property managers overseeing residential rentals
- Landlords renting out houses, condos, or apartments
- Tenants looking for clear expectations and defined rights
A written lease helps all parties avoid confusion, prevent conflict, and support a smooth rental experience.
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Types of North Dakota Lease Agreements
North Dakota law allows for a range of lease types, depending on the nature of the rental and the needs of the parties involved. Here are the most common options:
- Fixed-Term Lease Agreement: Used for most fixed-term rentals (often 6 or 12 months). It covers the basics: rent amount, duration, deposits, and property rules
- Month-to-Month Lease Agreement: Offers more flexibility, allowing either party to end the lease with proper notice (usually 30 days)
- Sublease Agreement: Enables a tenant to lease out part or all of the property to someone else. Landlord approval is typically required
- Roommate Agreement: Sets rules between tenants sharing the same rental, clarifying cost-sharing, chores, and guest policies
What Should a North Dakota Lease Agreement Include?
A solid lease covers all the key aspects of the rental arrangement, including who’s living there, how long the lease lasts, what payments are required, and what happens if something goes wrong. Here are the most important sections to include:
Parties Involved
The lease must identify the parties involved:
- Landlord or Property Management Company:Â Include legal name, mailing address, and contact info.
- Tenant(s):Â List each adult tenant by name with contact details.
Accurate information helps avoid issues with communication or enforcement down the road.
Lease Duration Dates
North Dakota leases can be short- or long-term, depending on what works for the parties involved. Your lease should clearly state:
- Lease start and end dates
- Rent amount and due date
- Accepted payment methods
- Rules for rent increases
Having these details on paper creates accountability and prevents confusion.
Rent and Security Deposit Information
Rent and deposit terms should be crystal clear to both parties. They should cover these main points:
- Rent amount and due date
- Accepted payment methods
- Applicable late fees (must be reasonable and listed in the lease)
- Security deposit amount, return timeline, and terms for deductions
We’ll explore specific legal requirements for security deposits in a later section.
Occupancy Limits
Only the individuals listed on the lease—plus their children—are allowed to reside at the property. This helps property managers control wear and tear, utility use, and liability.
If unapproved guests stay too long, it could trigger a lease violation. In those cases, landlords may pursue eviction to protect the property.
Property Management Company & Tenant Responsibilities
Every lease should explain what’s expected of both the landlord and the tenant. Here’s what to include:
Property Manager or Landlord:Â
- Maintain safe, livable conditions
- Keep common areas clean
- Ensure plumbing, heating, and electrical systems are in working order
- Dispose of trash and keep the exterior tidy
Tenant:Â
- Use appliances and facilities responsibly
- Avoid excessive noise
- Keep the unit clean
- Report maintenance issues promptly
Clear responsibilities reduce conflict and support a better tenant experience.
Pet Policies
Your lease should spell out whether pets are allowed. If they are, be sure to note:
- Size or breed restrictions
- Number of pets allowed
- Extra pet deposits or fees
- Tenant’s responsibility to clean up after pets and repair any damage
If pets are not allowed, the lease should clearly state the no-pets policy to avoid confusion.
North Dakota Lease Agreement Addenda and Disclosures
Certain disclosures and addenda are required in North Dakota, while others are optional but highly recommended. Including these documents protects both landlords and tenants.
This list is not exhaustive, so consult a legal professional if you’re unsure about what to include in your own agreements.
Lead-Based Paint Disclosure
Federal law requires this disclosure for rental properties built before 1978. Landlords must:
- Complete a lead-based paint disclosure form
- Provide tenants with the EPA’s lead safety pamphlet
- Share any reports about lead hazards
This disclosure protects tenants—especially those with children—from potential health risks.
Property Condition Statement
Under N.D.C.C. §47‑16–07.2, landlords must offer tenants a written statement describing the condition of the rental unit at move-in. Both parties should review and sign it.
This document helps prevent disputes over damage when the lease ends.
Optional Disclosures & Addenda
Even if not legally required, these add-ons are helpful:
- Asbestos
- Bed bug history
- Mold issues
- Plumbing problems
- Smoking rules
- Medical marijuana use
- Structural damage
- Pool safety
- Non-refundable fees
These optional disclosures help property managers stay transparent and reduce liability.
Consequences for Not Including Mandatory Disclosures
Skipping required disclosures can lead to serious problems:
- Fines or legal penalties
- Invalid lease terms
- Delayed evictions or lawsuits
Following the law protects your business and supports tenant trust.
North Dakota Lease Agreement Laws and Regulations
Understanding local rental laws helps property managers avoid legal missteps. Here are some of the key rules to follow:
Security Deposits
North Dakota law allows landlords to collect up to one month’s rent as a deposit. In certain cases—such as when a tenant has a felony conviction or past lease violations—the landlord may collect up to two months’ rent.
Pet deposits can be collected separately, up to $2,500 or two months’ rent (whichever is greater).
Landlords must:
- Hold deposits in an interest-bearing account
- Pay interest if tenancy lasts nine months or more
- Return deposits within 30 days of move-out
- Provide an itemized list of deductions
Failure to comply could lead to triple damages for the tenant under N.D.C.C. §47‑16–07.1.
Right of Entry
Landlords must give tenants reasonable notice (typically 24 hours) before entering the unit for non-emergency reasons. Entry must occur at a reasonable time and be for valid reasons like:
- Repairs
- Inspections
- Showing the unit to new tenants or buyers
In emergencies, landlords may enter without notice.
Grace Period
North Dakota does not require a grace period. Rent is considered late the day after it’s due, as listed in the lease.
If payment is missed, landlords may:
- Charge a late fee (if written into the lease)
- Issue a 3-day notice to quit
Tenants must act quickly to avoid legal action.
Late Fees
There’s no state-imposed cap on late fees in North Dakota. However, any fee must be:
- Reasonable
- Stated clearly in the lease
Courts are unlikely to uphold excessive or vague charges, so spelling out your late fee policy is important. Also, remember that it’s always recommended to speak with a local legal professional for the most complete and detailed list of regulations.
Taking the Next Steps with Your North Dakota Lease Agreement
Need help drafting or reviewing your lease agreement? Download our free North Dakota lease agreement template at the top of this post. It’s customizable, up-to-date, and built for property managers.
For even more leasing support, consider testing out Buildium’s comprehensive property management software. You can give it a try with a 14-day free trial or by signing up for a guided demo.
