North Dakota Month-to-Month Lease Agreement

Legal Aspects of Month-To-Month Leases in North Dakota

North Dakota is a popular state for landlords and renters. It’s a tax-friendly state that attracts a number of investors seeking to rent out properties. Also, the influx of people leaving the bigger cities to find some peace in more rural areas means you won’t struggle to find tenants. However, to ensure a hassle-free lease, both parties need to be certain of what the law says regarding month-to-month lease agreements in the state.

Lease Termination & Renewal

• By their very nature, month-to-month lease agreements don’t run for a set term.

• These leases don’t have a termination date set out. Instead, they renew automatically at the end of each month. 

• To terminate the agreement, either party needs to give at least 30 days written notice.

Rent Increases

• North Dakota is considered a landlord-friendly state. This means there are very few restrictions placed on landlords when it comes to the amount of rent charged, increasing rent, and more.

• If you have a month-to-month lease agreement in North Dakota, your landlord must give you 30 days’ notice before increasing the rent.

• Once the tenant receives this notice, they can respond by only giving 25 days’ notice to terminate the agreement.

• Keep in mind that this short termination period applies only after receiving notice that rent will be increased. For any other instances of termination, the standard 30-day notice must be given.

Security Deposit

• Landlords in North Dakota can ask for a security deposit that’s equal to one month’s rent. 

• If the tenant has been convicted of a felony, the landlord is allowed to increase the deposit to a maximum of two month’s rent.

• Landlords are also within their legal rights to charge a pet deposit if you own animals. However, it should be noted that pet deposits may not be charged for service animals. In this case, landlords are allowed to ask for a medical note to prove the need for a service animal.

• Security deposits, less any damages, must be returned to the tenant within 30 days of vacating the property.

• The deposit must also be stored in an FDIC-insured check or savings account that earns credit. The credit needs to be returned to the tenant along with the original deposit if the tenant resided at the property for more than nine (9) months.

Tenant Rights

Tenants in North Dakota are protected by a fundamental set of rights. To qualify for these tenant rights, renters need to follow the stipulations in the lease agreement and pay rent on time. These rights include:

• Renting a home that meets local and state health and safety regulations.
• Having repairs made in a reasonable time.
• Being able to take legal action if the landlord commits any lease violations.

Required Disclosures

The state of North Dakota has a few legal disclosures that must appear on the lease agreement. These required disclosures include:

• Lead-based paint disclosure
• Move-in checklist