Required Disclosures in North Dakota Residential Leases

Before you move into a new rental in North Dakota, it’s important to know that state law requires landlords to give renters certain written disclosures in the lease. These disclosures are designed to protect your rights and ensure you have the information you need about your rental property, who manages it, and any potential hazards.

Key Disclosure Requirements for North Dakota Residential Leases

Landlords in North Dakota must provide renters with specific information when entering into a residential lease. These requirements come from the North Dakota Century Code Chapter 47-16, which governs landlord and tenant relationships.

1. Identification of Owner and Managers

• Landlords must disclose in writing the name and address of the property owner or landlord as well as any property manager or person authorized to manage the premises or receive legal notices.
• This ensures you know who to contact for repairs, complaints, and emergencies, or when submitting notices like a request to terminate your tenancy.

2. Lead-Based Paint Disclosure (For Pre-1978 Housing)

• If you are renting a home or apartment built before 1978, the landlord must provide a federally required Lead-Based Paint Disclosure.
• This disclosure informs you of any known lead paint hazards on the property, and you should receive an EPA-approved information pamphlet titled “Protect Your Family From Lead In Your Home.”
• You’ll typically be asked to review and sign the Lead-Based Paint Disclosure Form (HUD Form 9548-E).

3. Notice of Pending Foreclosure (If Applicable)

• If the property is in foreclosure at the time you sign your lease, the landlord is required to disclose this fact and provide details of the foreclosure status.
• This disclosure helps you make informed decisions about renting the property.

4. Security Deposit Notice

• While North Dakota does not require a specific form, landlords must let you know the amount of the security deposit and the legal requirements for its return.
• Details about allowable deposit deductions and deadlines for returning it should be clearly stated in your lease.

5. Domestic Violence Protections

• North Dakota law provides extra rights for renters who are victims of domestic violence, including the ability to terminate a rental agreement early with proper documentation.
• Landlords must provide written information about these rights if asked. See North Dakota Century Code Section 47-16-17.1 for details.

Official Forms for Renters

• Lead-Based Paint Disclosure Form (HUD Form 9548-E): Required for all rentals built before 1978. You’ll sign an acknowledgment that you’ve received this and the EPA pamphlet. See the official form here.
  Example: If you sign a lease for a 1960s apartment, your landlord gives you this form to sign before move-in.

If Your Landlord Does Not Provide Required Disclosures

If you believe your landlord has failed to provide legally required disclosures, consider these action steps:

• Ask your landlord in writing for the missing disclosure(s).
• Keep a copy of your request and any responses.
• If the issue remains unresolved, consider contacting the North Dakota District Court (the main authority for housing disputes) or the North Dakota Attorney General Consumer Protection Division for advice or to file a complaint.

Missing disclosures can sometimes be used as a defense if you face disputes or legal issues with your landlord.

FAQ: North Dakota Lease Disclosures

1. What information must my landlord give me before I move in?
   Your landlord must provide the names and contact details of the owner and property manager, disclose any history of lead-based paint if the property was built before 1978, details about your security deposit, and notice if the rental is in foreclosure.
2. Is my landlord required to provide a copy of the lease with disclosures?
   Yes. You are entitled to receive a copy of your rental agreement, including all required disclosures, for your records.
3. What happens if the landlord doesn't give the lead-based paint disclosure?
   If you don’t receive this disclosure before signing a lease for a property built before 1978, the landlord may be liable for damages and fines, and you may have the right to void the lease or take legal action.
4. Can I terminate my lease if my landlord fails to make disclosures?
   Not always, but you may have grounds for legal remedies or to withhold rent if significant disclosures are missing. Always document missing information and seek legal advice if needed.
5. Who do I contact if I have issues with disclosures?
   You can contact the North Dakota Attorney General Consumer Protection or seek advice from the North Dakota District Court system.

Conclusion: Key Takeaways

• Landlords must provide clear written disclosures about ownership, lead hazards (for older homes), foreclosure status, and security deposits.
• Ask for copies of all disclosures and keep them with your lease documents.
• If you suspect your rights are being violated, contact North Dakota's courts or consumer protection services promptly.

Need Help? Resources for Renters

• North Dakota District Courts – For landlord-tenant dispute information and court locations
• North Dakota Attorney General Consumer Protection – For filing complaints or seeking renter advice
• U.S. HUD North Dakota Renter Assistance – For federal resources and renter guidance
• Legal Services of North Dakota – For low-income legal support regarding housing

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1. North Dakota Century Code Chapter 47-16
2. HUD Lead-Based Paint Disclosure Documentation
3. North Dakota Attorney General Consumer Protection
4. North Dakota District Courts

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