North Dakota Residential Lease Agreement

This Residential Lease Agreement (this "Agreement") is made on [[Agreement Date]] by and between [[Landlord Full Legal Name(s)]] ("Landlord") and [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows.

1. Definitions

"Premises" means the dwelling unit and any included furnishings, parking, storage, and appurtenances identified in Section 2. "Rent" means all amounts payable under this Agreement. "Lease Term" means the period stated in Section 3. "Security Deposit" means the sum held pursuant to Section 6 and NDCC § 47-16-07.1. Words importing the singular include the plural and vice versa.

2. Premises; Parking; Storage; Furnishings

Landlord leases to Tenant the residential dwelling unit located at [[Property Full Street Address]], [[City]], North Dakota [[ZIP Code]] (the "Premises"). Assigned parking: [[Parking Space(s) or "None"]]. Storage: [[Storage Area or "None"]]. Furnishings and appliances included: [[List of Furnishings and Appliances or "See Move-In Checklist"]].

Tenant has examined the Premises and accepts it in its present condition except as noted on the Move-In Inventory & Condition Checklist (Exhibit A). The Premises shall be used solely as a private residence by Tenant and the permitted occupants listed in Section 8.

3. Term; Possession

The Lease Term is [[Fixed Term Length, e.g., one year]], beginning [[Lease Start / Move-In Date]] and ending [[Lease End Date]], unless sooner terminated or extended as provided herein.

If Landlord cannot deliver possession on the start date, Rent shall abate until possession is delivered. If possession is delayed more than [[Delay Cap, e.g., 7]] days, Tenant may terminate and receive a full refund of all prepaid amounts.

4. Rent; Payment

Tenant shall pay monthly Rent of $[[Monthly Rent Amount]], due in advance on the [[Rent Due Day, e.g., 1st]] day of each month without offset, deduction, or demand, payable to Landlord by [[Accepted Payment Methods]] at [[Payment Address, Portal, or Instructions]].

If the Term begins on a day other than the first of the month, the first month's Rent shall be prorated on a 30-day basis. Acceptance of a partial or late payment is not a waiver of any default.

5. Late Charges; Returned Payments

Rent is late if not received within any grace period stated in the lease or required by law. Tenant shall pay a late charge of $[[Late Fee Amount or "as permitted by law"]]. Any late fee must be a reasonable estimate of actual loss. A fee of $[[Returned Check Fee]] applies to any returned or dishonored payment.

6. Security Deposit (NDCC § 47-16-07.1)

Upon execution of this Agreement, Tenant shall pay a security deposit of $[[Security Deposit Amount]]. Under NDCC § 47-16-07.1, the security deposit may not exceed one (1) month's rent for standard tenancies. A lessor may accept up to two (2) months' rent from an individual convicted of a felony or who has had a prior judgment for violating a rental agreement. Pet deposits are permitted up to the greater of $2,500 or two months' rent.

The deposit shall be placed in a federally insured interest-bearing savings or checking account for the benefit of the tenant. Landlord is not required to pay interest if the period of occupancy was less than nine (9) months.

The deposit secures Tenant's performance and may be applied to unpaid Rent, repair of damage beyond ordinary wear and tear, and cleaning necessary to return the Premises to move-in condition.

Return of Deposit: Within thirty (30) days after termination of the tenancy and Tenant's relinquishment of the Premises, Landlord shall either return the deposit in full or provide a written itemized statement of any deductions together with supporting receipts or invoices. Failure to provide the statement within thirty (30) days may result in forfeiture of the right to make deductions.

Tenant may not apply the deposit as last month's Rent without Landlord's prior written consent.

7. Utilities; Services

Tenant shall pay for [[Tenant-Paid Utilities, e.g., electricity, gas, water, sewer, trash, internet]]; Landlord shall pay for [[Landlord-Paid Utilities]]. Tenant shall place tenant-paid utilities in Tenant's name effective on the start date and shall not allow service to lapse.

8. Occupants; Guests

The Premises shall be occupied only by Tenant and: [[Permitted Additional Occupants or "Tenant only"]]. A guest staying more than [[Guest Stay Limit, e.g., 14 consecutive days or 30 total days in a calendar year]] without Landlord's prior written consent may be treated as an unauthorized occupant.

9. Use; Conduct; Quiet Enjoyment

Tenant shall use the Premises lawfully, shall not create a nuisance or disturb neighbors' quiet enjoyment, and shall not conduct any business that violates law, zoning, or lease terms. Tenant shall comply with all applicable laws and the Rules attached as Exhibit B.

10. Pets; Assistance Animals

Pet policy: [[Pet Policy, e.g., "No pets without prior written consent; pet deposit required if approved"]]. No animal is permitted without Landlord's prior written consent except an assistance animal that must be permitted by law. Tenant is responsible for any damage, noise, or injury caused by an animal.

11. Smoking

Smoking policy: [[Smoking Policy, e.g., "No smoking of any kind inside the Premises or within 25 feet of entrances"]]. Tenant is responsible for any damage caused by smoking.

12. Parking; Vehicles

Only operable, registered vehicles may be parked in assigned spaces. Inoperable vehicles, unauthorized vehicles, or vehicles blocking access may be towed at the owner's expense after any notice required by law.

13. Maintenance, Landlord

Landlord shall maintain the Premises in a habitable condition, comply with applicable building and housing codes, and keep the structural elements, roof, electrical, plumbing, heating/cooling, and Landlord-provided appliances in good and safe working order.

14. Maintenance, Tenant

Tenant shall keep the Premises clean, sanitary, and free of hazards; properly use all systems and appliances; replace HVAC filters, light bulbs, and smoke/CO-detector batteries as needed; keep plumbing clear; maintain any yard as agreed ([[Yard / Snow / Lawn Responsibility]]); and promptly report needed repairs in writing. Tenant shall pay for repair of damage caused by Tenant's, occupants', or guests' misuse or neglect.

15. Repair Requests; Emergencies

Routine repair requests shall be made in writing to [[Repair Contact Name and Method]]. For emergencies threatening life or property, Tenant shall immediately contact [[Emergency Contact / Procedure]] and also notify Landlord as soon as practicable.

16. Alterations; Fixtures; Locks

Tenant shall not paint, alter, install fixtures or satellite equipment, or change or add locks without Landlord's prior written consent. Tenant-installed improvements become Landlord's property unless agreed otherwise in writing. Tenant shall not change locks without promptly providing Landlord a key or access code.

17. Landlord's Right of Entry

Landlord may enter to inspect, make repairs or improvements, supply services, or show the Premises to prospective tenants, purchasers, lenders, or contractors, upon at least [[Notice Period, e.g., 24 hours]] written notice during reasonable hours, except in an emergency or where Tenant consents to shorter notice.

18. Renter's Insurance; Waiver of Subrogation

Tenant shall maintain renter's insurance with personal liability coverage of at least $[[Renter's Insurance Minimum, e.g., 300,000]] for the Term and provide proof upon request. Each party waives subrogation against the other to the extent of insurance proceeds. Landlord's insurance does not cover Tenant's personal property or liability.

19. Liability; Indemnity

Except to the extent caused by Landlord's negligence or violation of law, Tenant assumes responsibility for, and shall indemnify Landlord against, claims arising from Tenant's use of the Premises or the acts of Tenant's occupants and guests.

20. Assignment; Subletting

Tenant shall not assign this Agreement or sublet all or part of the Premises without Landlord's prior written consent.

21. Rules and Regulations; HOA/Condo

Tenant shall comply with Landlord's written Rules (Exhibit B) and any applicable homeowners' or condominium association rules. Landlord may adopt reasonable additional Rules on notice to Tenant.

22. Damage or Destruction (Casualty)

If the Premises is damaged by fire or casualty not caused by Tenant and rendered uninhabitable, Rent shall abate for the affected portion. Either party may terminate if the Premises cannot reasonably be repaired within [[Repair Period, e.g., 60]] days.

23. Condemnation; Eminent Domain

If all or a material part of the Premises is taken by eminent domain, this Agreement terminates as to the part taken, and Rent is adjusted accordingly.

24. Default; Remedies

Tenant is in default if Tenant fails to pay Rent when due or breaches any other term and fails to cure within any period required by law or this Agreement. On default, Landlord may serve the notice required by NDCC § 47-32 (typically three days for nonpayment) and pursue all remedies available by law, including recovery of possession, unpaid Rent, damages, and costs. Landlord shall not engage in self-help eviction.

25. Abandonment; Personal Property

If Tenant abandons the Premises, Landlord may retake possession and dispose of personal property left behind only as permitted by applicable North Dakota law after any required notice.

26. Holdover

If Tenant remains in possession after the Term without Landlord's written consent, Tenant shall pay holdover use and occupancy at [[Holdover Rate, e.g., 150% of monthly rent]] per month or daily equivalent and shall be liable for resulting damages. With consent but no new agreement, the tenancy becomes month-to-month on the same terms.

27. Surrender; Move-Out

At the end of the tenancy, Tenant shall remove all personal property, return all keys and access devices, leave the Premises clean and in the move-in condition (ordinary wear and tear excepted), and provide a written forwarding address for the deposit accounting.

28. Notices

Notices to Tenant may be delivered to the Premises or the address Tenant provides. Notices to Landlord shall be sent to [[Landlord Notice Address]]. To terminate a month-to-month tenancy, the terminating party shall give written notice of at least thirty (30) days.

29. Rent Increases (Month-to-Month)

Landlord may increase Rent or change other terms for a month-to-month tenancy by providing at least thirty (30) days' written notice to Tenant. There is no statewide rent control in North Dakota.

30. Subordination; Estoppel; Attornment

This Agreement is subordinate to any present or future mortgage on the Premises. Tenant shall, within ten (10) days of request, sign a commercially reasonable estoppel certificate and attorn to any successor owner or lender.

31. Waiver; Non-Waiver

No delay or failure to enforce any term is a waiver. A waiver of one breach is not a waiver of any other.

32. Severability

If any provision is held invalid, the remaining provisions remain in full force.

33. Time of Essence

Time is of the essence as to all obligations under this Agreement.

34. Entire Agreement; Amendments; Electronic Signature

This Agreement, with the Addenda and Exhibits, is the entire agreement and supersedes prior negotiations. It may be modified only in a writing signed by both parties, may be executed in counterparts, and may be signed electronically.

35. Joint and Several Liability

Each person signing as Tenant is jointly and severally liable for all obligations under this Agreement.

36. Attorneys' Fees; Costs

In any action to enforce this Agreement, the prevailing party may recover reasonable attorneys' fees and costs as permitted by applicable law.

37. Governing Law; Venue

This Agreement is governed by the laws of the State of North Dakota. Venue lies in the county where the Premises is located.

38. Servicemembers Civil Relief Act

A Tenant who is a service member may terminate this Agreement upon entering military service or receiving qualifying orders, on written notice with a copy of the orders, as provided by the Servicemembers Civil Relief Act (50 U.S.C. § 3955).

39. Domestic Violence Protections

A Tenant who is a victim of domestic violence, sexual assault, stalking, or human trafficking may have rights to early termination and other protections under applicable federal and North Dakota law upon providing the required documentation.

40. Disclosures (North Dakota)

• Lead-Based Paint. If the Premises was built before 1978, the federal lead disclosure and EPA pamphlet are provided as an addendum (42 U.S.C. § 4852d).

• Security Deposit. Governed by NDCC § 47-16-07.1 (one-month cap for standard tenancies; thirty-day return with itemized statement; interest-bearing account; limited interest obligation if occupancy < 9 months).

• Move-In Condition Statement. Landlord shall provide a written statement describing the condition of the Premises at move-in (NDCC § 47-16-07.2). Tenant and Landlord shall sign and retain copies.

• Entry Notice. Landlord shall give reasonable notice (typically 24 hours) before entry except in emergencies.

• No Rent Control. North Dakota has no statewide rent control statute.

• Smoke and Carbon Monoxide Detectors. Working detectors are installed as required by applicable codes. Tenant shall not disable them and shall notify Landlord of any malfunction.

• Megan's Law / Sex Offender Registry. Information about registered sex offenders is available to the public through North Dakota law enforcement or the appropriate state registry.

41. Addenda and Exhibits

The following are attached and incorporated:

• Exhibit A: Move-In Inventory & Condition Checklist

• Exhibit B: Rules and Regulations

• Exhibit C: Lead-Based Paint Disclosure (if pre-1978)

• Exhibit D: Additional Addenda: [[List or "None"]]

42. Signatures

LANDLORD, [[Landlord Full Legal Name(s)]]

By: ______________________ Name/Title: **[[Landlord Signatory]]** Date: _________

TENANT

______________________ **[[Tenant Full Legal Name(s)]]** Date: _________

______________________ **[[Additional Tenant]]** Date: _________

GUARANTOR (if any), [[Guarantor Full Name]]

The Guarantor personally guarantees Tenant's obligations under this Agreement.

By: ______________________ Date: _________, -

End of North Dakota Residential Lease Agreement

Governing Statutes: N.D.C.C. Chapter 47-16 (Landlord and Tenant), including § 47-16-07.1 (security deposits); N.D.C.C. Chapter 47-32 (Forcible Entry and Detainer). Lead-based paint: 42 U.S.C. § 4852d. SCRA: 50 U.S.C. § 3955. No statewide rent control. Security deposit return within 30 days; standard cap one month's rent (with statutory exceptions for felony/prior judgment). This is a sample template. Verify against current North Dakota statutes, local ordinances, and the parties' negotiated terms. Consult a North Dakota-licensed attorney. Not legal advice. Current as of June 2026.

> ⚠️ Template example, not professional (legal/financial/medical) advice. Figures and clauses must be verified for the applicable jurisdiction and kept current. All variable values use [[Token Name]] placeholders.