North Dakota Hotel and Motel Tenant Rights Explained
If you're staying in a hotel or motel in North Dakota for an extended period, you may wonder what rights you have as a tenant. While hotel and motel guests typically have fewer legal protections than traditional renters, North Dakota law offers important rules when your stay becomes more like a residence than a short-term visit. This guide explains how the law applies, what rights you have, and how to protect yourself as a longer-term hotel or motel occupant.
When Does a Hotel Guest Become a Tenant in North Dakota?
In North Dakota, hotels and motels are not always covered by the same laws as regular apartments. However, if you pay rent weekly or monthly and have established the unit as your primary residence, you may be considered a tenant rather than just a guest. This status grants you certain legal protections under North Dakota law.
- A "lodger" is typically a hotel/motel occupant with limited housing rights.
- If you've lived in a unit for more than 30 days and it's your main home, you might qualify as a “tenant” under North Dakota's Residential Landlord and Tenant Act (NDCC Chapter 47-16).
- Status as a tenant affects rights involving eviction, notice, and repairs.
Eviction and Notice Requirements for Hotel and Motel Tenants
If you're considered a guest, hotel owners can usually have you removed with minimal notice. But if you meet the definition of a tenant:
- Your landlord must follow formal eviction procedures, including written notice and filing in court.
- For nonpayment of rent, tenants usually must receive at least a 3-day written notice to vacate under NDCC Section 47-32-02.
- If you refuse to leave after the notice period, the owner must file an eviction case (“unlawful detainer”) in North Dakota District Court.
Official Eviction Forms and How to Use Them
- Eviction (Unlawful Detainer) Summons and Complaint
North Dakota District Courts Eviction Forms
When used: A motel/hotel owner uses these forms to file an eviction case if you refuse to leave after proper notice. As a tenant, you’ll receive these forms and have a chance to respond in court. Always read all paperwork carefully and respond by the deadline listed. - Notice to Vacate (No Standardized Form)
There is no official government form, but the notice must be written and provide at least 3 days (for nonpayment) or the period stated in your agreement.
Example: If your rent is due and unpaid, the hotel/motel gives you a written 3-day notice to leave before filing eviction in court.
Your Rights to Maintenance and Privacy in a Hotel or Motel
Once you qualify as a tenant, you have the right to basic repairs and privacy under North Dakota law:
- Landlords (including hotel/motel operators acting as landlords) must keep the premises habitable, providing working utilities, heat, and a safe environment (NDCC Section 47-16-13.1).
- Landlord must give proper notice (usually 24 hours) before entering your room unless there’s an emergency.
If maintenance problems arise, notify the management in writing and keep a copy for your records.
Special Protections and Exceptions
It’s important to know that some lodging arrangements—like emergency shelters or short-term stays—may not be covered by tenant protections. Your lease, payment history, and length of stay all impact your status under the law.
North Dakota also does not have a state agency that specifically oversees landlord-tenant disputes. Issues must typically go through the District Courts.
Which Tribunal Handles Disputes?
Residential hotel and motel tenancy cases, including eviction disputes, are handled by the North Dakota District Courts.
FAQ: North Dakota Hotel & Motel Tenant Rights
- When does a hotel or motel guest become a legal tenant in North Dakota?
After 30 days of continuous stay with the property serving as your main residence, you may be considered a tenant under state law. - Do hotel and motel tenants have the right to notice before eviction?
Yes. If you qualify as a tenant, the owner must give written notice and file for eviction in court. - Can a hotel increase the rent or change rules without notice?
Tenant protections apply if you are considered a tenant. Generally, a change in rent or rules requires notice per your agreement or North Dakota law. - What should I do if the hotel refuses maintenance or repairs?
Notify management in writing and keep a copy. If unresolved, contact the North Dakota District Court or seek legal help. - Where can I find official eviction forms and instructions?
Visit the North Dakota District Courts Housing/Eviction page for current forms and guides.
Key Takeaways
- Hotel/motel guests may become tenants after 30+ days stay and gain key legal rights.
- Evictions must go through court with written notice if you’re a tenant.
- Use official court forms and respond quickly to any legal notice.
Need Help? Resources for Renters
- North Dakota District Courts: Housing/Evictions Self-Help
- North Dakota Legal Self Help Center: General legal resources and guides
- District Courts Directory: Find your local court or contact information
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