Free North Dakota Residential Lease Agreement

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What is a North Dakota Residential Lease Agreement

ANorth Dakota lease agreement is used to establish the terms and conditions that a landlord and tenant must follow in regard to a rental property. It is written in a way that complies with the laws of the state in which the property is located.

Lease agreements are similar to rental agreements as they are both legally binding contracts that define the terms of use and payment plans for a property. However, a lease agreement typically covers long-term leases while a rental agreement deals with short-term tenancies.

The following information should be included in an ND lease agreement. 

  • Period of time in which the tenant can occupy the property
  • Amount of rent that should be paid
  • Details about security deposits
  • Frequency of rental payments
  • Information about additional costs
  • Usage terms of the property
  • Eviction terms and procedures

Types of North Dakota Lease Agreements

Before starting a North Dakota lease agreement, it is important to know which type to create. There are many distinct varieties of these legal instruments, and each deals with a different type of rental situation.

The most common types of lease agreements in ND include:

  • Standard residential lease agreements: Both the landlord and tenant commit to a fixed set of terms for a set period of time.
  • Rent-to-own lease agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.
  • Month-to-month rental agreements: The same general terms as a standard residential lease contract, but they can be renewed, altered, or ended on a month-by-month basis.
  • Commercial lease agreements: Provided by landlords of retail property to tenants that will use the real estate to manage a business.
  • Room rental agreements: Used for rooms within properties that have shared living areas.
  • Sublease agreement: Allows tenants to assign or lease the property to another individual as long as they have the property landlord’s permission.

North Dakota Lease Addendums and Disclosures

Lease agreements need to include certain disclosures and addendums. These can vary significantly depending on the state in which the property is located. The following overview contains all the essential addendums for ND lease agreements:

Disclosure/Addendum Information That Must Be Disclosed
Lead paint disclosure Details whether or not lead paint can be found on the premises (if the building was constructed before 1978).
Property conditions Inventory checklist detailing the current conditions of the property, and its facilities.

North Dakota Lease Agreement Laws

A North Dakota lease agreement must be written and signed within the laws of ND state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.The most important laws to consider when you are renting a property in North Dakota include:

  • Security deposits: North Dakota landlords may charge no more than one months’ rent for a tenant with no pets. If they have a pet, two months’ rent or a maximum of $2,500 can be charged. This must be returned to the tenant within 30 days of vacating the property and returning the keys. Landlords must also give advance notice of any deductions (§ 47-16-07.1).
  • Landlord’s right to enter: Landlords can enter the rental property during reasonable hours by givingreasonable notice (§ 47-16-07.3).

North Dakota Residential Lease Agreement Sample

Creating and putting a lease agreement into action in North Dakota is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample ND lease agreement below can help you understand the details included in this legal arrangement a little better.

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North Dakota Residential Lease Agreement Sample

Other Real Estate Documents

Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:

FAQs About North Dakota Lease Agreement

It is important to carefully prepare an ND lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in North Dakota. For additional information, consult the North Dakota Attorney General Tenants’ Rights and Responsibilities.

Lease Agreement or Rental Agreement?

There is a key difference between a North Dakota lease agreement and a North Dakota rental agreement, which is the length of duration that they each cover.

Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.

When Can a Landlord Change The Lease?

Usually, an ND lease agreement cannot be changed once it is signed. Its terms will remain fixed until it reaches its agreed expiration date or it is terminated due to a violation by either party.

With a rental agreement or month-by-month tenancy, however, the terms of the agreement can potentially be changed each rental period. This means the landlord can amend or end the terms of the contract at the end of a 30 day rental period.

Do I Need to Notarize my North Dakota Residential Lease Agreement?

It is not necessary to notarize a North Dakota residential lease agreement. However, whilst this might not be a legal requirement in NDstate, signees are still advised to consider this step to provide further legal enforceability.

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North Dakota Residential Lease Agreement Sample

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RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter, the "Lease Agreement") is dated as of ________ day of ________________, ________ (hereinafter, the "Effective Date") and is entered into by and between the following parties:
_________

(hereinafter the "Landlord")

- AND _________

(hereinafter the "Tenant(s)")

The Landlord and the Tenant(s) agree as follows:
1. The Landlord rents to the Tenant(s) and the Tenant(s) rents to the Landlord a house, located at _________ (hereinafter the "Property"), for the sole use as a personal residence.
2. Subject to the provisions of this Agreement, only the Tenant(s) mentioned in this Lease Agreement will be permitted to live on the Property. No other person will be allowed to live on the Property without the prior written consent of the Landlord.
PETS

3. No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.
PARKING

4. Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.
SMOKING

5. Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
VAPING

6. Vaping is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors.
TERM
7. The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").
8. The Parties must comply with the law of the State of North Dakota in any notification to end this tenancy.
RENT
9. The Tenant(s) shall pay the Landlord Rent in the amount of $_________ per week (hereinafter, the "Rent").
10. The Tenant(s) shall pay the Landlord Rent weekly prior to or on _________ day of every week during the term of this Lease Agreement at _________ or at such other place as the Landlord may designate later by:
11. The Landlord may increase the Rent that will be paid for the Property by providing a reasonable notice to the Tenant(s) that the Rent will increase.

Under the law of the State of North Dakota, the Landlord shall give the Tenant(s) a 30 days' notice of the Rent increase.
INSPECTIONS
12. The Parties will inspect the property to evaluate its condition at the beginning and the end of the lease term.
13. The Landlord and its agents shall have the right to enter the Property at all reasonable times to inspect, repair, or show it to Prospective buyers or tenants in compliance with the law of the State of North Dakota.
TENANT IMPROVEMENTS
14. The Tenant(s) shall not make any sort of improvements on the leased Property without the Landlord's prior written consent. All improvements made by the Tenant(s) shall become the Landlord's property and shall be surrendered with the leased premises at the termination of this Lease Agreement unless the Tenant(s) obtain written consent from the Landlord before doing any of the following:

(a) Additions
(b) Alterations
(c) Fixtures
(d) Redecorations
(e) Installing a waterbed(s).
UTILITIES
15. The Tenant(s) shall be responsible for and shall pay for all utilities and services used or consumed at the Property.
INSURANCE
16. The Tenant(s) shall not pay for any insurance to protect property belonging to such Tenant(s). However, if the property belonging to the Tenant(s) suffers any damage or loss, the Landlord will not be liable for any property that suffers any damage or loss.
17. The Tenant(s) will not be held responsible for insuring the Landlord's property in or about the premises. Further, the Tenant(s) will not be liable for either damage or loss of such property.
ATTORNEY FEES
18. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys' fees, from the non-prevailing party.
GOVERNING LAW
19. This Lease Agreement shall be governed, construed, and interpreted by the State of North Dakota.
SEVERABILITY
20. If any term or provision of this Lease Agreement is held invalid or unenforceable for any reason, the remaining provisions shall not be affected by such provision and will continue to be valid and enforceable.
21. If a court holds that any provision of this Lease Agreement is invalid or unenforceable and such provision is eliminated, the remaining provisions shall continue to have full effect.
ENTIRE AGREEMENT AND AMENDMENT OF THE LEASE
22. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease Agreement may be modified or amended in writing if it is signed by both parties.
ASSIGNMENT AND SUBLETTING
23. The Tenant(s) shall not, without the prior written consent of the Landlord, assign this Lease Agreement or any interest herein or sublet the Property or any part thereof.
DAMAGES
24. All damages done to the property shall be charged to the Tenant(s) and may be considered cause for the termination of this lease agreement.
CARE AND USE OF PROPERTY
25. The Tenant(s) shall occupy and use the Property exclusively as a residential dwelling unit. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternative use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with alternate use of the property.

Further, the Parties must comply with all health, fire, and safety regulations. Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.
26. The Tenant(s) accepts the Property in its present condition and state of repair and shall be given possession of the Property on the day of commencement of this Lease Agreement.

At the expiration of the lease term, the Tenant(s) shall leave and surrender the Property in as good a state and condition as they were in at the commencement of the lease term, reasonable use, wear and tear, and damages by the elements excepted.
NOTICE
27. The Tenant(s) may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Phone: _________.
(c) Email: _________.
28. The Landlord may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Address: _________.
The contact information for the Landlord is:

(c) Phone: _________.
(d) Email address: _________.
GENERAL PROVISIONS
29. All monetary amounts stated or referred to on this Lease are based in the United States dollar.
30. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
31. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
32. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
33. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.
34. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
35. The Tenant will be charged an additional amount of $_________ for each N.S.F. check or checks returned by the Tenant's financial institution.
36. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
37. Time is of the essence in this Lease.
IN WITNESS WHEREOF _________, _________ have duly affixed their signatures on this________day of ________________, ________.

________________________________
Landlord: _________

_________________________________
Tenant: _________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the________day of ________________, ________.

_________________________________
Tenant: _________
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