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What is a North Dakota Sublease Agreement?

A North Dakota sublease agreement is a legal document that lays out an agreement between two tenants on the tenancy of a rental property. In this type of agreement, the original tenant, known as the sublessor, leases the rental property to someone else, who is known as a sublessee. These types of agreements can last anywhere from one month to the duration of the lease. Once the sublease agreement is in place, the new tenant will move into the rental and pay rent and live in the rental, abiding by the rules just as the sublessor did. Oftentimes, this agreement works wonderfully because the unit is furnished while the sublessee gets the flexibility of short-term housing. One important fact to remember about sublease agreements is that although the sublessee will replace the tenant and pay just like the original tenant did, the sublessee does not assume the same legal responsibility for the rental because he or she doesn’t have an agreement with the landlord. If any late payments or damage to the property occurs, the sublessor will be held responsible.

North Dakota Sublease Laws

According to North Dakota Sublease Laws, tenants are obligated to follow the rules of their lease. If the lease prohibits subletting, then, unfortunately, the tenant may not sublease. If the lease mentions nothing on subleasing, then it will be up to the landlord whether or not to accept such an arrangement. As a good business practice, the tenant should receive written permission from the landlord before moving forward with a sublease.

A Sample North Dakota Sublease Agreement with Examples of Each Step

A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. In North Dakota, the language in the original lease controls the process. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.

A North Dakota sublease agreement should include the following sections:

  • Name of Sublessor (Sublandlord)/Name of Sublessee (Subtenant)/Name of Original Landlord: Both parties to the sublease agreement should be identified by name in the document, as well as any co-sublessors or co-sublessees. In addition, the sublease agreement in North Dakota must include the name of the landlord, as well as contact information for the landlord or manager of the property.
  • Names of All Other Adult Occupants: The sublease agreement should include the names of all adult persons who will be residing in the unit.
  • Description/Site of Rental Unit: This section should include the complete address and description of the rental unit as it appears in the original (master) lease, as well as a list of items in the unit that are covered by the sublease agreement.
  • Sublease Agreement Term: This section defines the length of the sublease agreement: the precise start date and end date must be noted.  
  • Amount of Rent/How Paid: This section includes the amount of rent to be charged, whether it will be paid by the week or by the month, the day the rent is due, how the rent will be delivered to the sublessor (e.g., by a mailed check), if there will be a fee for late payment or insufficient funds, and the amounts of those fees.
  • Utilities/Maintenance and Repair: This section delineates the specific utilities and maintenance/repair items that are the responsibility of the sublessor and those that are the obligations of the sublessee.
  • Damages/Liability: This section declares the sublessee's liability for damages to the sublessor, who is still responsible for any damages that affect the landlord under the original (master) lease.
  • Security Deposit/Pet Deposit (if any): This section states the amount of the security deposit under the sublease agreement and that it is given to the sublessor. An additional pet deposit may be charged, as can a deposit for any use of the rental unit that poses a risk to the property. In North Dakota, the security deposit is limited to a maximum of one month's rent if there will be no pet(s) on the premises and a maximum of two months' rent or $2500 if there will be a pet. The security deposit, less any lawful deductions, must be refunded within 30 days after the tenant/sublessee vacates.
  • Disputes: This section states the method(s), short of legal action, by which the sublessor and sublessee will resolve any disputes that arise.
  • Events of Default and Remedies: This section defines the actions on the part of the sublessee that will constitute a default or breach of the sublease agreement and the options available to the sublessor in those situations, including legal action.
  • Attorney's Fees: This section states that if there is a breach of the sublease agreement or legal action taken by either party, the party who secures a judgment can recover attorney's fees and court costs.
  • Disclosures: Applicable state law may require that certain disclosures be made to the sublessee in the sublease agreement, in addition to the federal Environmental Protection Agency (EPA) requirement to disclose the possible danger of lead-based paint if the structure was built prior to 1978. In North Dakota, a written Lead-Based Paint Disclosure is required if the rental unit in question was constructed prior to 1978, informing the sublessee that the premises could contain lead-based paint.
  • Master Lease/Termination of Master Lease: This section states that the original (master) lease is incorporated in its entirety in the sublease agreement; all of the provisions and requirements/obligations in the master lease are deemed part of the sublease agreement. The master lease should be attached. This section also states that the sublease agreement will terminate simultaneously if the master lease is terminated.
  • Rules and Regulations: This section states the activities that are prohibited and/or regulated, including illegal activities, smoking, and pets.
  • Consent of Landlord: This section states the manner in which the landlord is giving consent to the sublease agreement, should the original (master) lease not include consent.
  • Governing Law: This section states that the sublease agreement is governed by North Dakota state law, including all the provisions/requirements in the applicable state code sections.
  • Entire Agreement: This section states that the sublease agreement represents the complete agreement between the sublessor and sublessee; the sublease agreement may not be altered except by mutual agreement of the parties in writing.  
  • Dated Signatures: This section includes the dated signatures of the sublessor (and any co-sublessors), sublessee (and any co-sublessees), and the landlord, who hereby gives written consent to the sublease agreement.

Sublease Resources for Tenants in North Dakota

Download a PDF or Word Template

North Dakota Sublease Agreement

North Dakota Lease Agreement

North Dakota Month-to-Month Lease Agreement

North Dakota Rent Receipt