North Dakota Rules on Airbnb and Short-Term Sublets

Thinking about listing your apartment on Airbnb or another short-term rental platform in North Dakota? Before you hand over your front door code, it’s vital to know what state law says about subletting, short-term rentals, and your rights as a tenant. North Dakota has clear rules that protect both renters and landlords—but navigating these can feel complicated. This article walks you through how short-term sublets work under North Dakota law, what forms you might need, and who to contact if you run into trouble.

What Counts as a Short-Term Rental or Sublet?

A short-term rental is typically when you rent out your place for a brief stay—usually less than 30 days—using services like Airbnb or VRBO. Subletting means allowing someone else to take over all or part of your home for a set period, with or without your landlord's direct approval.

Do North Dakota Laws Allow Renters to List Their Apartment on Airbnb?

There is no specific North Dakota state law that bans tenants from subletting or offering short-term rentals like Airbnb. However, your rental lease is the most important document. Many leases in North Dakota have clauses that either prohibit or strictly control subletting and short-term rental activity. Violating your lease terms could lead to eviction or legal action.

• Always review your lease for any language about subletting or "assignment" of the lease.
• Written permission from your landlord is usually required for any sublease or Airbnb activity.

Key Legislation: North Dakota Century Code Chapter 47-16

The governing law for landlord-tenant relationships in North Dakota is the North Dakota Century Code (NDCC) Chapter 47-16 – Landlord and Tenant^[1]. This law doesn’t mention short-term rentals by name, but it does regulate subletting, tenant duties, and what happens when a lease is violated.

• Section 47-16-13: Lets tenants transfer (sublet or assign) their interest only if not forbidden by the lease.
• Section 47-16-15.1: Landlords may terminate the lease if the terms are breached—including unauthorized subletting.

Official Forms: Subletting and Rental Changes

North Dakota does not have statewide, government-issued "subletting consent" forms. Most renters will need to write a rental modification or sublet request to the landlord in writing. Here’s what to know:

• Sample Written Request to Sublet: Draft a letter/email including: your request, reason for the sublet, intended dates, and information about the proposed subtenant. This should be kept for your records. (No official form number.)
• If your landlord approves, get that written permission—it's essential if disputes occur. Attach this to your records.

If your landlord denies your request and you disagree, you may seek dispute resolution through the North Dakota State District Court (which handles landlord-tenant disputes).

What Happens If You Sublet Without Permission?

Subletting or listing your apartment on Airbnb without your landlord’s approval may violate your lease. If so, your landlord could:

• Serve a written notice to terminate your lease (often a 3-Day Notice to Quit).
• File an eviction action in North Dakota State District Court if you do not move out after receiving notice.

Always communicate with your landlord and try to resolve disagreements in writing.

Who Enforces Rental Laws in North Dakota?

There is no single state tribunal focused solely on residential tenancies. Instead, the North Dakota State District Court system handles tenant-landlord disputes, including eviction or rental disagreements.

Summary of Tenant and Landlord Rights for Short-Term Sublets

• Check your lease—most sublets require landlord approval in writing.
• Put any subletting request or permission in writing for your records.
• Violating lease terms (including unauthorized Airbnb listings) could lead to eviction.
• Disputes are handled by the North Dakota State District Court.

Following these steps helps protect your rights—and prevents future legal headaches.

FAQs: North Dakota Short-Term Rental and Sublet Rights

1. Do I need my landlord’s permission to host on Airbnb in North Dakota?
   Yes. Most leases require written landlord approval before subletting or using Airbnb. Always check your lease.
2. What if my lease is silent about subletting?
   If the lease does not mention it, state law allows subletting, but written notice to your landlord is still strongly advised.
3. Can my landlord evict me for unauthorized subletting?
   Yes. If your lease prohibits subletting or requires permission and you sublet without consent, your landlord can begin the eviction process.
4. Where can I find official tenant-landlord forms?
   North Dakota does not provide official sublet forms. Tenants should use written letters for requests and retain all correspondence.
5. Who settles disputes over subletting or eviction in North Dakota?
   The North Dakota State District Court system hears landlord-tenant cases, including disputes over short-term rentals and evictions.

Conclusion: Key Takeaways for North Dakota Renters

• Short-term sublets and Airbnb are not outright banned, but lease rules control what’s allowed.
• Written landlord approval is almost always required—get it before renting out your place.
• For disputes, North Dakota State District Courts are your main resource.

Always check your lease, keep communications in writing, and seek legal help if issues arise.

Need Help? Resources for Renters

• North Dakota State District Court – For filing complaints and handling tenant-landlord disputes.
• North Dakota Department of Labor and Human Rights – For information on housing and discrimination issues.
• North Dakota Century Code Chapter 47-16 – Read the full tenant and landlord law text.

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1. North Dakota Century Code Chapter 47-16 – Landlord and Tenant
2. North Dakota State District Court Landlord-Tenant Information

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