Under N.D. Cent. Code § 47-16-15, either party may end a month-to-month tenancy by giving at least one calendar month's written notice at any time, with rent owed through the termination date. Fixed-term leases end on their stated date, and a landlord who changes lease terms triggers a tenant's right to leave on 25 days' notice.
Section 47-16-15(2) provides that 'in tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate the tenancy by giving at least one calendar month's written notice at any time. The rent is due and payable to and including the date of termination.' When a lease converts to month-to-month, the same one-calendar-month notice applies (§ 47-16-15(5)). If a landlord changes terms under § 47-16-07, the tenant may end the lease at month's end with 25 days' notice (§ 47-16-15(3)). A lease that demands more than one month's notice from a residential tenant must flag that term for the tenant's initials, or the tenant may still terminate on one calendar month's notice (§ 47-16-15(4)).
No specific statutory penalty. A tenant who leaves without the required one calendar month's notice may owe rent through the notice period; a landlord cannot obtain a valid no-cause termination until proper written notice has been given.
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Horace, ND
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