Make a North Dakota Lease Agreement

Most Commonly Used North Dakota Lease Agreements

The most commonly used North Dakota rental lease agreements are a standard residential lease agreement (usually good for 12 months), a month-to-month lease, a roommate agreement, a sublease agreement, a lease to own agreement, and a commercial lease agreement.

While all of the most commonly used North Dakota rental lease agreements share many of the same elements, they also have some distinct differences.

• A roommate agreement may outline which areas in the rental unit or apartment are for the exclusive use of the roommate and which areas may be used by all of the residents.
• A standard residential lease agreement may be for a year, and upon termination of that year, switch to a month-to-month lease or it may renew for another year. A yearly standard residential lease and a month-to-month lease may be similar in some ways. For instance, both may require a 30 day written notice to move out at the end of the agreement if the tenant and landlord do not plan to renew their agreement.

How to Write a North Dakota Lease Agreement

North Dakota lease agreements must adhere to North Dakota laws, or they are unenforceable. There are a lot of different laws that you must consider. You will learn more about many of them under the sections related to disclosures and security deposits.

Before you sign a North Dakota lease agreement, make sure that you read the terms. You also have the right to have an attorney review a North Dakota lease agreement before you sign it.

A North Dakota lease agreement needs:

• Names of the Parties - This is the landlord’s full name or the property management company’s legal business name and the legal name of the tenant(s).
• Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
• Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
•  Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
• Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
• Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
• Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month’s rent, the security deposit, and the total of the numbers added together.
• Occupants - This section includes the full name of each tenant even if they are a minor or are not signing the lease. This part of a North Dakota residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
• Utilities - This section explains which utilities or services a tenant does not pay.
• Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
• Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is allowed to bring their own appliances, that should be designated in this section.
• Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contract information is used if the parties need to send out a notice to the other party.
• Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
• Additional Terms - This section lists any other terms that the parties agreed to that haven’t been included in any other section of the lease agreement.
• Signature and Date - The document should be signed and dated by all parties. 

Which Disclosures Belong in a North Dakota Lease Agreement?

Under North Dakota landlord-tenant law, the landlord must provide a property checklist for the tenant to detail the condition of the premises when they move in. The landlord must provide the tenant with reasonable notice to enter the property. The landlord must also only enter the property during a reasonable time of day.

If the residential property is built before 1978, federal law requires the landlord to provide a lead paint disclosure.

What You Need to Know About North Dakota Lease Agreement Deposits

North Dakota state law requires a landlord to deposit the security deposit into an interest-bearing savings or checking account. The interest should be returned to the tenant along with the security deposit. The landlord cannot request more than one month of rent for a residential unit with no pets and no more than two months' rent (not to exceed $2,500) if a pet will be allowed. The security deposit must be returned to the tenant within 30 days of the end of the lease.