How to Legally Transfer a Lease in North Dakota

Thinking about moving before your lease ends in North Dakota? Transferring your lease to a new tenant—sometimes called "subletting" or "assignment"—can be a smart solution. However, understanding your rights and following state rules is key to avoid issues with your landlord or new renter. This guide explains the essentials in clear language and links to all official resources you’ll need.

Lease Transfers in North Dakota: What Renters Need to Know

North Dakota law allows tenants to transfer ("assign") a lease to a new person in some situations. However, you usually need your landlord’s permission in writing. Your lease agreement often outlines whether you can assign or sublet and any requirements you must follow.

• Assignment: You fully transfer your rights and responsibilities to a new tenant.
• Subletting: You let someone else rent the property, but you remain responsible to the landlord.

Always review your lease for assignment and subleasing rules. If in doubt, contact your landlord directly and request written consent for the transfer.

Which North Dakota Law Covers Lease Transfers?

The main legislation is the North Dakota Century Code Chapter 47-16 - Landlord and Tenant^[1], which explains tenant and landlord rights, including assignments and sublets.

Step-by-Step Guide: Transferring a Lease in North Dakota

Here are actionable steps to transfer your lease to a new tenant legally:

• 1. Review Your Lease Agreement: Look for any clauses on assignments or subletting. Some leases forbid it, or set special conditions (like requiring landlord approval).
• 2. Request Landlord Approval in Writing: Even if your lease allows assignment, you must usually obtain your landlord’s written consent. Draft a letter or email explaining the reason, and provide details of the new tenant.
• 3. Complete and Submit Required Forms: North Dakota does not have a mandatory state “lease assignment” form. However, you should use a written Lease Assignment Agreement signed by all parties (yourself, the new tenant, and the landlord). Always ask your landlord if they have a preferred form or template.
• 4. New Tenant Background Approval: Most landlords will want to screen the new tenant. This may involve an application process, background check, and proof of income.
• 5. All Parties Sign the Assignment: Once approved, everyone should sign the agreement, clearly outlining the transfer date, responsibilities, and security deposit arrangements.
• 6. Keep Official Records: Save copies of all correspondence and the signed agreement for your records.

Official Forms and Examples for Lease Transfers

There is no official statewide "Lease Assignment Form" in North Dakota. Most landlords provide their own paperwork or require that you draft a simple Lease Assignment Agreement, which states:

• The address and unit being assigned
• Names of the original tenant, new tenant, and landlord
• Assignment (transfer) date
• Security deposit transfer details
• Signatures of all parties

Which Tribunal Handles Disputes?

In North Dakota, District Courts handle all residential tenancy matters, including disputes over lease assignments or sublets. Tenants can file a civil claim with their local District Court if there is a serious disagreement about the process.

Extra Notes on Assignments and Subletting

• Your landlord cannot unreasonably refuse your request to assign or sublet unless your lease explicitly says so.
• If you transfer a lease, notify the landlord in writing and receive signed confirmation from all parties.
• You may remain liable for rent or damages if the new tenant defaults—unless the assignment agreement says otherwise.

Summing up: It’s essential to follow these steps and keep documentation to protect your rights throughout the lease transfer process.

Frequently Asked Questions

1. Can my landlord refuse to let me assign my lease?
   Yes, if your lease agreement prohibits assignment or subletting, your landlord can refuse. If your lease is silent, you generally need their consent, but they should not be unreasonable in withholding it.
2. Is there a standard lease assignment form in North Dakota?
   No. North Dakota does not provide a statewide official form. Most landlords use their own agreement or require you to draft one for signature by all parties.
3. Who is responsible for the security deposit after transferring a lease?
   This should be clearly stated in your assignment agreement. Usually, the new tenant takes responsibility, but you must coordinate with your landlord to transfer the deposit properly.
4. Where do I go if there is a dispute during the lease assignment process?
   Disputes over lease transfers can be resolved in North Dakota District Courts, the official venue for landlord-tenant issues.

Conclusion: Key Takeaways

• Lease transfers (“assignments”) in North Dakota usually require your landlord’s approval—always check your lease and state law.
• Keep all communications in writing and retain copies for your records.
• No official statewide form exists: use a written agreement and ensure it’s signed by all parties.

Following these steps can help ensure a smooth, legal lease transfer, protecting both your rights and your relationship with your landlord.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Tenant Rights: Information, complaint forms, and direct support for North Dakota renters.
• North Dakota Century Code Chapter 47-16: Full text of the state’s landlord-tenant law, with easy search features.
• North Dakota District Courts – Landlord/Tenant Disputes: Official court locations and filing process for tenancy conflicts.

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant
2. North Dakota Department of Labor and Human Rights
3. North Dakota District Courts

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