North Dakota Lease Termination Letter

Q: How much notice ends a month-to-month lease in North Dakota?

Either the tenant or the landlord gives at least one calendar month's written notice, which can be given at any time, unless the parties agreed in writing to a longer period or a different notice time (N.D. Cent. Code 47-16-15(2)). Rent is due up to and including the termination date.

Q: Does North Dakota notice have to line up with the first of the month?

For an ordinary month-to-month tenancy, no: the statute says notice may be given at any time, and rent is owed through the termination date. Where a fixed term has converted to month-to-month, or a longer tenant notice clause was not initialed, the lease ends on the last day of a month with at least one calendar month's notice (47-16-15(4)-(5)).

Q: Can a North Dakota lease require more than one month's notice from the tenant?

Only if the residential lease states the longer notice requirement and the tenant initialed it when signing. Without the initials, the tenant may end the lease on the last day of a month with at least one calendar month's notice (N.D. Cent. Code 47-16-15(4)).

Q: Does a North Dakota lease renew automatically?

For a residential lease of 2 months or more, the landlord can enforce an automatic renewal clause only after giving the tenant written notice of it, personally or by first-class mail, at least 30 days before the lease expires. Without that notice, the lease expires and converts to month-to-month (N.D. Cent. Code 47-16-06.1).

Q: Can a North Dakota tenant end a lease after the landlord changes the terms?

Yes. If the landlord changes the terms of a month-to-month lease under 47-16-07, the tenant may end the lease at the end of the month by giving at least 25 days' notice (N.D. Cent. Code 47-16-15(3)).

Q: What happens to a North Dakota lease when the tenant dies?

At the option of a surviving lessee or the estate, a residential lease ends on the last day of the month following the month of the tenant's death, unless the lease term ends sooner (N.D. Cent. Code 47-16-18).

Q: Can a North Dakota tenant leave over repairs the landlord will not make?

Under 47-16-17, a tenant may end the lease early when the landlord does not, within a reasonable time after a request, secure the tenant's quiet possession, put the property in good condition or repair it, or when the greater part of the property perishes. Under 47-16-13, after notice of dilapidations the landlord neglects to repair, the tenant may vacate and be discharged from further rent. Make the request in writing and keep a copy.

Q: When must a North Dakota landlord return the security deposit?

Within 30 days after the tenancy ends and the tenant delivers possession, with a written notice of any amounts kept (N.D. Cent. Code 47-16-07.1). Deductions allowed by the statute can still reduce the amount returned.

Tenants and landlords both give one calendar month's written notice to end a month-to-month lease.

Find out where you stand in North Dakota

Who is ending the tenancy?

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Introduction

In North Dakota, a tenant or a landlord ends a month-to-month tenancy with at least one calendar month's written notice, given at any time, unless they agreed in writing otherwise (N.D. Cent. Code 47-16-15(2)). Rent is due through the termination date.

Key Things to Know

1
Month-to-month: unless the parties agreed in writing to a longer notice period or a different notice time, either side ends the tenancy with at least one calendar month's written notice given at any time, not only on a rent day. Rent is due and payable up to and including the termination date (N.D. Cent. Code 47-16-15(2)).
2
A residential lease that requires the tenant to give more than one month's notice from the end of a month must state that rule and give space for the tenant's initials. If the tenant did not initial it when signing, the tenant may end the lease on the last day of a month with at least one calendar month's notice (47-16-15(4)).
3
If the landlord changes the terms of a month-to-month lease under 47-16-07, the tenant may end the lease at the end of the month with at least 25 days' notice (47-16-15(3)). For a tenancy with no specified term, notice need be no longer than the term of the hiring itself, up to one calendar month (47-16-15(1)).
4
A fixed-term lease ends at the end of the agreed term (47-16-14). In a residential lease of 2 months or more, the landlord may not enforce an automatic renewal clause unless it gave the tenant written notice of it, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month-to-month (47-16-06.1). A residential holdover with rent accepted is presumed renewed month-to-month, and either side may end it on the last day of a month with one calendar month's notice (47-16-06, 47-16-15(5)).
5
A tenant who fears imminent domestic violence against the tenant or minor children from a person named in a court order, no-contact order, civil protection order or other court record may end the lease with advance written notice stating that fear, the need to terminate, and the specific date (N.D. Cent. Code 47-16-17.1). The notice goes by mail, fax or in person before the tenancy ends. The tenant owes rent for the full month of termination plus one month's rent, subject to the landlord's duty to mitigate, paid on or before the termination date, and the landlord may not disclose the information provided.
6
When a residential tenant dies, a surviving lessee or the estate may choose to end the lease on the last day of the month following the month of death, unless the term ends sooner (47-16-18). A tenant may also end a lease early when, after a request, the landlord does not within a reasonable time secure quiet possession or make required repairs, or when the greater part of the premises perishes (47-16-17).
7
Month-to-month termination notices must be written; send by a method that proves delivery. The landlord returns the deposit with a written notice within 30 days after the tenancy ends and possession is delivered (N.D. Cent. Code 47-16-07.1). A notice for nonpayment or breach is an eviction notice; leaving early without a statutory right is covered by the breaking a lease guide and an early lease termination agreement; a notice that starts an eviction case is covered by the notice to vacate guide.

Key decisions before you file

Before you file a Lease Termination Letter in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Lease Termination Letter guide walks through them.

Open the Lease Termination Letter guide

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LEASE TERMINATION LETTER (NORTH DAKOTA)

Date: DATE

From: SENDER FULL NAME, [TENANT OR LANDLORD] Address: SENDER MAILING ADDRESS

To: RECIPIENT FULL NAME, [LANDLORD OR TENANT] Address: RECIPIENT MAILING ADDRESS

Premises: STREET ADDRESS, UNIT, CITY, NORTH DAKOTA ZIP CODE

Tenancy type: [MONTH-TO-MONTH, MONTH-TO-MONTH AFTER A FIXED TERM, OR FIXED TERM ENDING LEASE END DATE]

This letter is written notice that the tenancy at the premises will end on the date stated below.

[IF ENDING A MONTH-TO-MONTH TENANCY] Under N.D. Cent. Code 47-16-15(2), this is at least one calendar month's written notice. The tenancy ends on TERMINATION DATE, at least one calendar month after this notice is given. Rent is due through that date.

[IF ENDING A TENANCY THAT CONVERTED TO MONTH-TO-MONTH] Under N.D. Cent. Code 47-16-15(5), this is at least one calendar month's notice. The tenancy ends on TERMINATION DATE, the last day of a month.

[IF TENANT ENDING AFTER A CHANGE-OF-TERMS NOTICE] The landlord gave notice on NOTICE DATE changing the terms of the lease. Under N.D. Cent. Code 47-16-15(3), I am giving at least 25 days' notice, and the lease ends on TERMINATION DATE, the end of the month.

[IF NOT RENEWING A FIXED TERM] The lease term ends on LEASE END DATE and will not be renewed or extended. The tenancy ends on LEASE END DATE.

[IF EARLY TERMINATION UNDER N.D. CENT. CODE 47-16-17.1] I fear imminent domestic violence against me or my minor children from a person named in [A COURT ORDER, AN ORDER PROHIBITING CONTACT, A CIVIL PROTECTION ORDER UNDER CHAPTER 14-07.7, OR ANOTHER COURT RECORD]. I need to terminate the tenancy, and the tenancy will terminate on TERMINATION DATE.

[IF TERMINATION UNDER N.D. CENT. CODE 47-16-18] LESSEE NAME died on DATE OF DEATH. As [A SURVIVING LESSEE OR THE ESTATE'S REPRESENTATIVE], I elect to end the lease on TERMINATION DATE, the last day of the month following the month of death, unless the term ends sooner.

[IF EARLY TERMINATION UNDER N.D. CENT. CODE 47-16-17] On REQUEST DATE I asked the landlord to REQUESTED REPAIR OR ACTION, and it was not done within a reasonable time. The lease ends on TERMINATION DATE.

[IF TENANT SENDING] Move-out and keys: The premises will be vacated and all keys returned by TERMINATION DATE. Please send the security deposit, with a written notice of any deductions, to FORWARDING ADDRESS within the time set by N.D. Cent. Code 47-16-07.1.

Delivery: This written notice is delivered by DELIVERY METHOD on DELIVERY DATE. [IF EARLY TERMINATION UNDER N.D. CENT. CODE 47-16-17.1: This notice is delivered by [MAIL, FAX OR IN PERSON] before the tenancy ends.]

Signature: ____________________ Printed name: SENDER FULL NAME Phone: PHONE NUMBER Email: EMAIL ADDRESS

North Dakota Requirements for Lease Termination Letter

One calendar month's written notice
Either side ends a month-to-month tenancy with at least one calendar month's written notice, given at any time; rent is due through the termination date (N.D. Cent. Code 47-16-15(2)).
Initials for longer tenant notice
A residential lease requiring more than one month's tenant notice from month-end must state it and be initialed by the tenant, or the tenant may end on a month's last day with one calendar month's notice (47-16-15(4)).
Automatic renewal needs 30-day notice
In a residential lease of 2 months or more, an automatic renewal clause is enforceable only with written notice to the tenant, personally or by first-class mail, at least 30 days before expiration (47-16-06.1).
Holdover becomes month-to-month
A residential holdover with rent accepted is presumed renewed month-to-month; either side ends it on the last day of a month with one calendar month's notice (47-16-06, 47-16-15(5)).
25-day exit after change of terms
After a landlord changes month-to-month terms under 47-16-07, the tenant may end the lease at month-end with at least 25 days' notice (47-16-15(3)).
Domestic violence termination notice
State the fear of imminent domestic violence from a person named in a court order or record, the need to terminate and the date. Deliver by mail, fax or in person. Rent is owed for the full month plus one month, subject to mitigation, paid on or before termination (47-16-17.1).
Death of a tenant
A surviving lessee or the estate may end a residential lease on the last day of the month following the month of death (47-16-18).
Forwarding address for the deposit
Give a forwarding address. The landlord returns the deposit with written notice within 30 days after termination and delivery of possession (N.D. Cent. Code 47-16-07.1).

Frequently Asked Questions

How much notice ends a month-to-month lease in North Dakota?

Does North Dakota notice have to line up with the first of the month?

Can a North Dakota lease require more than one month's notice from the tenant?

Does a North Dakota lease renew automatically?

Can a North Dakota tenant end a lease after the landlord changes the terms?

Can a North Dakota tenant end a lease early because of domestic violence?

What happens to a North Dakota lease when the tenant dies?

Can a North Dakota tenant leave over repairs the landlord will not make?

When must a North Dakota landlord return the security deposit?

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Lease Termination Letter Template with DocDraft

North Dakota Requirements for Lease Termination Letter

One calendar month's written notice

Initials for longer tenant notice

Automatic renewal needs 30-day notice

Holdover becomes month-to-month

25-day exit after change of terms

Domestic violence termination notice

Death of a tenant

Forwarding address for the deposit

Frequently Asked Questions