Adding a Roommate to Your Lease in North Dakota

If you’re living in North Dakota and considering adding a roommate to your rented home or apartment, it’s important to understand the steps involved and your rights as a tenant. Bringing someone new into your lease can help share costs and create a more comfortable living situation, but failing to follow the correct process can risk your tenancy. This guide explains what North Dakota renters need to know to add a roommate safely and legally.

Can You Add a Roommate Under North Dakota Law?

In North Dakota, most leases require the landlord’s written approval before a new roommate can move in or be added to the lease. Failing to disclose an additional occupant could be considered a lease violation, and may put you at risk of eviction. Always review your lease agreement for terms about subletting, assignments, or roommates.

Steps to Add a Roommate to Your Lease

Adding a roommate involves communicating clearly with your landlord, using any required forms, and ensuring everyone is legally protected. Here’s a summary of the process:

• Review your lease for any clauses on additional occupants or subletting.
• Request written permission from your landlord to add a roommate.
• Complete any forms or applications the landlord requires, such as a rental application or background check.
• Have your landlord prepare an updated lease or lease addendum including the new roommate’s name.
• All parties (you, your new roommate, and the landlord) should sign the updated lease documentation.

Which Forms May Be Needed?

• Application for Tenancy: Most landlords will require the new roommate to complete a standard rental application for background and credit checks. This helps the landlord assess if the new occupant meets their requirements.
• Lease Addendum: Once approved, your landlord may issue a lease addendum (no official state form; usually provided by the landlord or property manager) to formally include the new roommate as a tenant.

Example: If you want to add a friend as a roommate in your Fargo apartment, you must first ask your landlord for permission. They might have your friend fill out their rental application and, if approved, provide a lease addendum for all parties to sign.

What Rights and Responsibilities Change with a Roommate?

When you add a roommate to your lease, both you and your roommate become equally responsible for paying rent and following the lease rules. Landlords can hold all tenants jointly liable for damages or unpaid rent. Make sure both you and your roommate understand these obligations before signing.

What Does North Dakota Law Say?

The North Dakota Century Code, Chapter 47-16: Landlord and Tenant sets out the key rules for landlords and renters. While it does not specifically mention roommates, it explains the need for having everyone living in the unit included in the rental agreement and outlines the eviction process for unauthorized occupancy.¹

The official body responsible for residential rental disputes in North Dakota is the North Dakota Courts – Landlord and Tenant Section.

Action Steps to Add a Roommate

• Review your current lease. Look for terms about additional occupants or subletting.
• Contact your landlord in writing and request permission to add a roommate. Keep a copy of all correspondence.
• Have your potential roommate fill out any necessary applications or background checks as required by the landlord.
• After landlord approval, review and sign the updated lease or lease addendum together with your new roommate.
• Request copies of all finalized documents for your records.

Following these steps helps ensure you’re protected under North Dakota law and avoids misunderstandings with your landlord.

FAQs About Adding a Roommate in North Dakota

1. Do I need my landlord’s approval to add a roommate?
   Yes. You must have your landlord’s written consent before a roommate moves in to avoid breaching the lease.
2. Can my landlord refuse my request to add a roommate?
   They may refuse based on reasonable concerns, such as the person’s rental history or exceeding occupancy limits.
3. What happens if I add a roommate without landlord permission?
   This is a lease violation and can lead to eviction notice or termination of tenancy.
4. Does my new roommate have the same rights as I do?
   Once on the lease, your new roommate has the same legal rights and responsibilities as you, including rent payments and maintenance requests.
5. Are there statewide occupancy limits in North Dakota?
   There are no specific statewide limits, but local ordinances or your lease agreement may set maximum occupancy.

Need Help? Resources for Renters

• North Dakota Attorney General – Tenant Rights: Information on leases, tenant rights, eviction, and dispute resolution.
• North Dakota Courts – Landlord and Tenant Resources: Official forms and legal help for residential tenancies.
• North Dakota Department of Labor and Human Rights: Contact for discrimination or fair housing concerns.

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1. North Dakota Century Code, Chapter 47-16: Landlord and Tenant
2. North Dakota Attorney General – Tenant Rights
3. North Dakota Courts – Landlord and Tenant Section

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