North Dakota Statewide Rule
North Dakota Lease Termination Rules
Key Facts
- Month-to-month notice
- One calendar month's written notice (§ 47-16-15)
- Rent owed
- Through the termination date
- After term change
- Tenant may leave on 25 days' notice (§ 47-16-15(3))
- Long-notice clauses
- Must be initialed or capped at one month (§ 47-16-15(4))
Summary
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.
1. A lease of real property for a term not specified by the parties is deemed to be renewed as stated in section 47-16-06 at the end of the term implied by law, unless one of the parties gives notice to the other of an intention to terminate the lease, at least as long before the expiration of the lease as the term of the hiring itself, not exceeding one calendar month. 2. 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 Page No. 6 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. 3. If a landlord changes the terms of the lease pursuant to section 47-16-07, the tenant may terminate the lease at the end of the month by giving at least twenty-five days' notice. 4.
Full Breakdown
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)).
Violations & Penalties
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.
Frequently Asked Questions
How much notice ends a month-to-month lease in North Dakota?
Can a North Dakota lease require more than one month's notice?
Sources
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