TurboTenant’s North Dakota lease agreement has been written and reviewed by North Dakota lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the North Dakota Lease Agreement.
The North Dakota lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with North Dakota law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example North Dakota Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to North Dakota
Section 2 includes language that is specific to North Dakota. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the Due Date. If Rent is not received on or before the fifth (5th) day of each month, a late fee of five percent (5%) of the unpaid Rent amount will be charged. All late fees shall be deemed additional rent for the month, and shall be paid and collected as such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent, accrued late fees, and any other charges are paid in full.
Security Deposit Provisions - Section 2.4
Security deposits requirements may vary quite a bit from state to state. In North Dakota:
Security deposits may not exceed one month’s rent.
Felons and those with previous lease violations may be charged a security deposit up to 2 month’s rent.
Additional pet deposits can be charged no greater than $2500 or 2 month’s rent.
For leases longer than 9 months, security deposits must be kept in FDIC interest-bearing account.
Security deposit returns in North Dakota also have some unique rules:
Security deposits and any interest must be returned 30 days after Lease termination with notice itemizing any lawful deductions.
Landlord must mail or deliver returned security deposit, interest and/or notice to Tenant at Tenant’s last furnished address.
Entry/Access to Premises by Landlord - Section 2.8
Landlord shall have the right at all reasonable times during the Term of this Agreement to enter the Premises for the purpose of inspecting and exhibiting the Premises and all buildings and improvements thereon. In non-emergency situations, Landlord will make a good faith effort to notify Tenant in a reasonable period of time during reasonable hours prior to entry by one of the following methods: telephone message, email message, or door hanger, and having made such good faith effort shall enter as necessary. In an emergency situation, or if a repair is requested by Tenant, Landlord is permitted to enter immediately without prior notice. Tenant understands that Landlord will typically commence showing the Premises to prospective tenants one hundred twenty (120) days or more before the expiration of the term of this Agreement, but may show the Premises to prospective tenants, purchasers, or lenders at any time. Landlord shall further have the right to display “for sale", "for rent", or "vacancy" signs in or about the Premises.
Fair Housing - Section 2.10
Civil rights laws of the United States and North Dakota prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Military Personnel Clause/Family Violence/Sex Offenses or Stalking - Section 3.8
The federal Servicemembers Civil Relief Act allows a Tenant to terminate this Agreement, under certain circumstances, if they enlist, are moved, or are drafted or commissioned in the U.S. Armed Forces. Tenants may have additional rights, under state or local laws, to terminate this Agreement early in certain situations involving family violence, certain sexual offenses, harassment, or stalking. All Parties to this Agreement shall act according to any such federal, state, or local law applicable in the jurisdiction where the Premises is located. Any Tenant who is the victim of domestic violence, harassment, sexual assault or stalking can terminate this Lease upon thirty (30) days prior written notice to Landlord.
Choice of Law - 3.11
The rental agreement will be governed and construed in accordance to North Dakota's own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the North Dakota Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement
We wanted our lease agreement to handle the majority of use cases for landlords in North Dakota. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.