North Dakota Residential Lease Agreement

• Max 1 month's rent (up to 2 months from a tenant with a felony conviction or a judgment for breaking a previous lease), plus a separate pet deposit. The deposit is kept in an interest-bearing account. Within 30 days after the lease ends and the tenant gives up possession, the landlord must return it with interest (none if the tenancy lasted under 9 months), or an itemized list of deductions with any refund. Unjustified withholding can cost triple damages (N.D. Cent. Code § 47-16-07.1).

Reviewed 5 Oct 2026 · N.D. Cent. Code § 47-16-07.1

Reviewed 5 Oct 2026 · N.D. Cent. Code § 47-16-07.1

• In tenancies from month to month, unless the parties agreed in writing to a longer notice period, 'either party may terminate the tenancy by giving at least one calendar month's written notice at any time' (§ 47-16-15); rent is due through the termination date.
• Leases converted to month-to-month under § 47-16-06/06.1 may be terminated 'on the last day of a month with at least one calendar month's notice'.
• Statute says 'one calendar month'; recorded as 30 for registry purposes.

Quoted from the source: “Either party may terminate the tenancy by giving at least one calendar month's written notice at any time.”

Exceptions:

• Leases for a term not specified: notice at least as long before expiration as the term of the hiring, not exceeding one calendar month.

Reviewed 27 Sep 2026 · N.D.C.C. § 47-16-15; N.D.C.C. § 47-16-06

• Holding over 'after the termination of the lease or expiration of the lessee's term' is ground 4 (§ 47-32-01(4)) and therefore requires the three days' written notice of intention to evict before suit (§ 47-32-02).
• If the lessor accepts rent after a residential lease expires, the tenancy is presumed renewed month to month (§ 47-16-06) and the one-calendar-month notice under § 47-16-15 applies.

Quoted from the source: “holds over after the termination of the lease or expiration of the lessee's term”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-01(4); § 47-32-02; § 47-16-06

• No statewide just-cause requirement; month-to-month tenancies end on one calendar month's written notice by either party (§ 47-16-15) and eviction grounds are listed in § 47-32-01.

Quoted from the source: “Either party may terminate the tenancy by giving at least one calendar month's written notice at any time.”

Reviewed 27 Sep 2026 · N.D.C.C. §§ 47-16-15, 47-32-01

• Ground exists only once the lessee 'fails to pay rent for three days after the rent is due' (N.D.C.C. § 47-32-01(4)); then 'three days' written notice of intention to evict must be given ... before proceedings can be instituted' (§ 47-32-02).
• ND Courts Self Help instructions: count from the day after service, three calendar days including weekends/holidays, extending to the next business day if day 3 falls on a Saturday, Sunday or state holiday; for nonpayment the notice gives the tenant 3 days to pay the full amount due or move out.

Quoted from the source: “three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-01(4); N.D.C.C. § 47-32-02

• Material violation of a written lease (§ 47-32-01(8)) requires the same three days' written notice of intention to evict under § 47-32-02; the statute provides no right to cure — the notice is a notice to vacate.

Quoted from the source: “The lessee violates a material term of the written lease agreement between the lessor and lessee.”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-01(8); N.D.C.C. § 47-32-02

• Unreasonable disturbance of other tenants' peaceful enjoyment (§ 47-32-01(7)) is NOT among the grounds (4, 5, 6, 8) for which § 47-32-02 requires the three-day notice of intention to evict; the landlord may commence the action without pre-suit notice.
• Material lease violations (ground 8) still require the 3-day notice.

Quoted from the source: “In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-01(7); N.D.C.C. § 47-32-02

• The notice of intention to evict 'may be served and returned as a summons is served and returned' (N.D.R.Civ.P. 4 methods) or, if the party cannot be found, by the county sheriff or a process server posting the notice conspicuously upon the premises (N.D.C.C. § 47-32-02); ND Courts guidance: any adult non-party may serve it, and posting follows a failed attempt including one between 6 p.m. and 10 p.m.

Quoted from the source: “served and returned as a summons is served and returned or, if the party cannot be found ... posting the notice conspicuously upon the premises”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-02; N.D.R.Civ.P. 4

• No mandatory statutory form; the ND Legal Self Help Center publishes optional 'Notice of Intention to Evict: Demand for Rent or Possession' (Form 1a) and 'Notice of Intention to Evict' (Form 1b)

Quoted from the source: “Notice of Intention to Evict: Demand for Rent or Possession of the Premises”

Reviewed 27 Sep 2026 · N.D.C.C. § 47-32-02; ND Legal Self Help Center eviction packet