Lease Renewal Rights for Renters in North Dakota

Understanding whether a landlord can refuse to renew a lease is essential for renters in North Dakota. State law gives renters certain protections and sets out clear notice requirements, but landlord rights also exist. This article explains your options, relevant forms, and official legal resources if you're facing a non-renewal.

When Can a Landlord Refuse to Renew a Lease?

In North Dakota, landlords typically have the right to choose not to renew a lease agreement when the original term ends. However, they must follow the law, provide proper notice, and cannot refuse renewal for discriminatory or retaliatory reasons.

• Discrimination is not allowed: Landlords cannot deny renewal based on race, color, religion, sex, disability, familial status, or national origin, in accordance with the federal Fair Housing Act and state law.
• No retaliation: Landlords can't refuse to renew because you exercised your legal rights (e.g., reporting health or safety violations).
• Otherwise, at the end of a lease, the landlord does not have to provide a reason if required notice is given.

Notice Requirements for Non-Renewal

North Dakota law requires landlords and tenants to give advance notice before ending a lease, depending on the lease type:

• Fixed-term leases: End automatically on the specified date. Neither party is required to give notice unless the lease says otherwise.
• Month-to-month (or periodic) leases: Either party must provide written notice at least one full calendar month before the end of the rental period. (North Dakota Century Code § 47-16-15)

For example, if your rent is due on the 1st of each month and the landlord does not wish to renew for February, they must provide written notice by January 1st.

Official Forms for Lease Non-Renewal

• Notice to Terminate a Month-to-Month Lease (no official number):
  
  • When is it used? – When a landlord intends not to renew a month-to-month tenancy.
  • How is it used? – The landlord must deliver a written notice to the tenant at least one full calendar month before the desired end date. Example: A landlord hands you a signed letter stating your lease will end at the end of next month.
  • See official guidance from the North Dakota Supreme Court: Landlord & Tenant Legal Self Help

There is currently no official state-issued form, but written notice is required; a signed and dated letter will suffice under the law.

What to Do If You Receive a Notice of Non-Renewal

If you receive a non-renewal notice, take these steps:

• Read the notice carefully: Ensure the landlord gave at least one full calendar month's notice if on a periodic lease.
• Check your lease: Some leases require more than the statutory minimum for notice.
• Document everything: Keep records of all correspondence and notices.
• If you believe the non-renewal is due to discrimination or retaliation, contact the North Dakota Department of Labor and Human Rights.

Relevant Tribunal and Legislation

• Residential tenancy disputes in North Dakota are generally resolved in North Dakota District Court.
• The main state law is the North Dakota Century Code Chapter 47-16: Leases of Real Property.

These resources provide official rules and procedures on lease agreements, termination, and renewal in North Dakota.

Frequently Asked Questions

1. Can my landlord refuse to renew my lease for any reason?
   Generally, yes, as long as the reason is not discriminatory or retaliatory, and the proper notice is given according to state law.
2. How much notice must a landlord give for non-renewal in North Dakota?
   For month-to-month leases, at least one full calendar month's written notice is required; fixed-term leases usually do not require notice unless the contract says otherwise.
3. Do I have to move out on the notice date if my lease is not renewed?
   Yes, unless you make arrangements with your landlord to extend your tenancy or sign a new lease.
4. What can I do if I suspect my landlord is not renewing because I reported issues?
   If you suspect retaliation, report it to the North Dakota Department of Labor and Human Rights and seek legal advice.
5. Where can I learn more about my tenant rights in North Dakota?
   Visit the ND Supreme Court Landlord & Tenant Legal Self Help page for official guides and court forms.

Key Takeaways for North Dakota Renters

• Landlords may refuse to renew leases if proper legal procedures are followed and no illegal discrimination or retaliation is involved.
• Month-to-month tenants must receive at least a full calendar month's written notice for non-renewal.
• Know your rights by reviewing your lease and consulting official resources if needed.

Preparing early and understanding your options can help reduce stress if your lease may not be renewed.

Need Help? Resources for Renters

• North Dakota Supreme Court - Landlord & Tenant Legal Self Help (official court forms and information)
• North Dakota Department of Labor and Human Rights (for discrimination or retaliation complaints)
• Legal Services of North Dakota (free or low-cost legal aid for qualified tenants)

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1. North Dakota Century Code Chapter 47-16: Leases of Real Property
2. North Dakota Supreme Court Legal Self Help - Landlord & Tenant
3. North Dakota Department of Labor and Human Rights - Housing Discrimination

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