North Dakota Lease Agreement Requirements Explained

Signing a lease agreement in North Dakota is a critical step for renters seeking security and clarity in their renting experience. Knowing what landlords are required by law to include in lease agreements can help you avoid future disputes and protect your rights as a tenant. This article provides a clear explanation of what must be included, the most relevant forms, and how state law protects you as a renter.

Essential Elements Required in a North Dakota Lease Agreement

North Dakota law sets minimum requirements for a rental (or lease) agreement. Whether the agreement is written or oral, certain terms must be covered before you move in. Below are the core elements every lease should have:

• Names of all parties: The agreement must clearly list the landlord (owner or property manager) and every adult renter.
• Address of the rental property: The full address and, if relevant, the unit or apartment number.
• Term of tenancy: Specify if the lease is month-to-month or for a fixed period (like 12 months); include exact start and end dates for fixed-term leases.
• Rent details: The monthly rent amount, due date, where and how to pay, and any late fee policies.
• Security deposit amount and conditions: Include the exact amount, where deposits are held, and terms for return at the end of the lease.
• Maintenance and repair responsibilities: What the landlord must maintain vs. tenant duties, including how to report issues.
• Mandatory disclosures: Legal statements the landlord must provide (detailed below).
• Signatures: All parties must sign for the contract to be valid.

Mandatory Disclosures in North Dakota Leases

State law requires landlords to make certain disclosures in every written agreement. These include:

• Lead-based paint disclosure: For buildings built before 1978, landlords must provide an official EPA lead disclosure form and information brochure.
• Landlord identity and address (NDCC § 47-16-07.4): The lease must name the landlord, any property manager, and a current address for notices and legal documents. See NDCC § 47-16-07.4.

Other optional disclosures may apply, such as notices about shared utilities or nonrefundable fees. Check your lease closely for any such details.

Key Official Forms Renters Should Know

• EPA Lead-Based Paint Disclosure Form
  • When & How Used: Must be signed and given to renters of housing built before 1978 before a lease is signed. Protects occupants by disclosing potential lead hazards.
  • Access the EPA Lead Disclosure Form
• Move-In/Move-Out Checklist (No official statewide form number in ND)
  • When & How Used: This checklist documents the property condition before and after your tenancy. Completing one with your landlord helps ensure a fair return of your security deposit.
  • Check with your local housing authority or request a template from your landlord.

Who Handles Tenant-Landlord Disputes?

In North Dakota, tenant-landlord disputes, including those involving lease agreements, are typically resolved in the North Dakota District Court. There is no specialized tenancy tribunal—renters can file claims through the civil court system.

Relevant North Dakota Tenancy Legislation

The main legislation that governs rental agreements in North Dakota is the North Dakota Century Code, Title 47, Chapter 16 (Landlord and Tenant). It covers tenant rights, required notices, deposit rules, and lease termination.

Summary of Lease Agreement Rules

Understanding your lease is crucial to safeguarding your rights as a renter. North Dakota law is designed to set clear expectations between landlords and tenants and outlines dispute processes if they arise.

Frequently Asked Questions

1. Does a lease agreement in North Dakota have to be in writing?
   Oral agreements are allowed, but written leases are strongly recommended. Written documents better protect both parties and clarify all terms.
2. What happens if required disclosures are missing from my lease?
   If a mandatory disclosure (like lead paint for older buildings) is missing, you may have legal grounds to request that it be added or to cancel the lease. Consult with the North Dakota Attorney General if unsure.
3. Can a landlord change the lease terms after signing?
   Once both parties sign, changes can only be made if both agree in writing. Landlords cannot unilaterally alter the agreement during the lease period.
4. What is the limit on security deposits in North Dakota?
   Generally, security deposits may not exceed one month's rent (with exceptions for pets or other special circumstances). See NDCC § 47-16-07.1 for details.
5. How do I report a lease violation or resolve issues?
   First, notify your landlord in writing. If not resolved, you can escalate with the North Dakota Civil Courts or contact the North Dakota Attorney General’s Consumer Protection Division for guidance.

Key Takeaways for North Dakota Renters

• Written lease agreements are best for your protection—always ask for a copy.
• All mandatory disclosures, such as lead paint and landlord contact information, must be included.
• If you have a problem with your lease, document the issue and seek help early from official North Dakota agencies.

Need Help? Resources for Renters

• North Dakota Attorney General – Landlord & Tenant Rights: Information, complaint guidance, and consumer protection services.
• North Dakota District Courts: Where rental disputes and claims are filed. Find your local court.
• ND Department of Human Services: Housing Assistance: Housing stability and emergency resources for renters.
• EPA Lead Disclosure Resources: Required lead paint forms and information for tenants.

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1. North Dakota Century Code: Title 47 Chapter 16 (Landlord and Tenant)
2. EPA Lead-Based Paint Disclosure Rule
3. North Dakota Attorney General: Landlord & Tenant Rights

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