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North Dakota Notice to Tenants of Intent to Sell

Under North Dakota Century Code 47-16-07.3, a landlord may show a tenant-occupied home to potential purchasers only after notifying the tenant and obtaining consent to enter at a time certain, which cannot be unreasonably withheld. Our AI guided builder turns that rule into a clean, compliant Notice to Tenants of Intent to Sell in minutes, with attorney-review available before you deliver it.

Introduction

Selling a rental in North Dakota comes with a specific set of rules meant to balance your right to sell your property with your tenant's right to enjoy their home in peace. The key statute is North Dakota Century Code § 47-16-07.3, which spells out what you need to do before showing the unit to prospective buyers. Instead of a rigid notice period, it uses a 'reasonableness' standard: you give notice and get the tenant's consent to enter at a 'time certain.' Getting comfortable with these rules helps you market and sell the property in full compliance with state law and avoid disputes along the way.

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Key Things to Know

  1. 1

    North Dakota law has no specific rule requiring a formal 'Notice of Intent to Sell.' In practice you still need one, because N.D.C.C. § 47-16-07.3 requires you to inform tenants before showing the property.

  2. 2

    Selling the property does not extinguish a fixed-term lease. The new owner takes title 'subject to' the existing lease and becomes the successor landlord, bound by the original agreement's terms.

  3. 3

    For periodic tenancies like month-to-month, ending it takes at least one calendar month's written notice under N.D.C.C. § 47-16-15, unless your lease specifies a longer period.

  4. 4

    Unlike states with fixed notice periods, North Dakota's N.D.C.C. § 47-16-07.3 works on a qualitative standard. It requires 'reasonable notice' and the tenant's consent to a 'time certain' for showings, which the tenant cannot unreasonably withhold.

  5. 5

    Under N.D.C.C. § 47-16-07.3, the tenant's consent to a proposed entry time is legally presumed if the tenant gets notice of your intent to enter at that specific time and does not object.

  6. 6

    Your right to enter and show the unit is not absolute. The statute expressly prohibits abusing that right or using it to harass or intimidate the tenant.

  7. 7

    North Dakota does not put out an official, state-approved form for this purpose. You have to draft a notice that meets the statute's requirements on your own.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

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North Dakota Notice of Intent to Sell Residential Property

Date of Issuance: ________________

To the Tenant(s) of Record: ________________

Premises Address: ________________, North Dakota ________

From the Undersigned Landlord/Agent: ________________

I. Why You Are Receiving This Notice

This letter is to inform you that the landlord plans to put the property above up for sale. No specific North Dakota statute requires a standalone “notice of intent to sell” on its own, but this document sets up what we need to exercise the landlord's right to enter and show the home under the North Dakota Century Code (N.D.C.C.) § 47-16-07.3. We are sending it to keep everything transparent and to sort out the practical and legal details of showing an occupied home ahead of time, so the process follows state law and respects your tenancy.

II. Your Lease Continues

Starting a sale does not, as a matter of law, end or change your existing lease. If you have a fixed-term lease, it stays in full force and effect. A buyer would take title subject to that lease and would be legally bound to all of its terms, including the specified rent and expiration date. For month-to-month tenancies, either side ending it must follow the notice period in N.D.C.C. § 47-16-15, which requires at least one calendar month's written notice, unless a different length was agreed to in writing.

III. Your Security Deposit

Once a sale closes and title legally transfers, the security deposit held by the current landlord goes to the new owner. From that point, the new owner takes on all the statutory duties and liabilities for the deposit under N.D.C.C. § 47-16-07.1. That includes accounting for and returning the deposit, less any lawful deductions, when the tenancy ends.

IV. How Showings Will Work

To sell the home, we need to let prospective buyers, real estate agents, mortgage lenders, and insurers in to see it. The controlling statute, N.D.C.C. § 47-16-07.3, strictly regulates this access. Entry can only happen during reasonable hours and in a reasonable manner. North Dakota differs from many states by not setting a specific notice length (for example, 24 hours). Instead it imposes a qualitative standard that requires 'reasonable notice' and the tenant's consent to a 'time certain' for each entry. The statute adds that a tenant's consent may not be unreasonably withheld. Importantly, consent is legally presumed if the tenant receives notice with a proposed entry time and does not object. We affirm that we will not abuse this right of access or use it to harass you, and we will try to coordinate showings to keep disruption to a minimum.

Proposed general showing availability (optional): ________________

V. How This Notice May Be Delivered

Landlord/Agent Signature: ________________

Disclaimer: This document is for informational purposes and does not constitute legal advice. Consultation with a qualified attorney is recommended.

To study this topic further or build a formal notice, visit our resource center at (/legal-document/notice-to-tenants-of-intent-to-sell).

North Dakota Requirements for Notice to Tenants of Intent to Sell

No Mandatory Notice-to-Sell Period

North Dakota has no statute requiring a formal advance notice of intent to sell; the enforceable timing obligations attach to showings under N.D.C.C. § 47-16-07.3, not to the decision to list the property.

Reasonable Notice for Showings

Under N.D.C.C. § 47-16-07.3, there is no fixed minimum notice period for entry; the landlord must give 'reasonable notice' and request entry at a 'time certain.' While not defined by statute, 24 hours is widely considered a reasonable standard.

Tenant Consent to a Time Certain

The notice of entry must specify a proposed time. Per N.D.C.C. § 47-16-07.3, the tenant's consent cannot be unreasonably withheld, and consent is legally presumed if the tenant fails to object after receiving the notice.

Written Notice Recommended

Although North Dakota publishes no official form, the notice should be in writing to create a clear record of the intent to sell and the proposed process for showings under N.D.C.C. § 47-16-07.3.

Permitted Delivery Methods

N.D.C.C. § 47-16-07.3 allows notice of intent to enter by personal service, by posting in a conspicuous place, or by any other method that results in actual notice to the tenant, such as email if agreed upon.

Existing Lease Survives Sale

A sale does not terminate an existing lease. A fixed-term lease transfers to the new owner, who is bound by its terms, including rent amount and end date. The security deposit must also be transferred to the new owner.

Month-to-Month Termination Notice

Ending a month-to-month tenancy requires at least one calendar month's written notice under N.D.C.C. § 47-16-15, unless the parties agreed in writing to a longer period, with rent due through the termination date.

No Harassment Through Access

N.D.C.C. § 47-16-07.3 prohibits the landlord from abusing the right of access or using it to harass or intimidate the tenant, so showings must be coordinated reasonably rather than imposed at will.

Frequently Asked Questions

North Dakota calls for 'reasonable notice' ahead of any showing without pinning down the hours. Serving at least 24 hours in writing is the safe habit, and it keeps you within N.D.C.C. 47-16-07.3 while heading off arguments about whether the warning was fair.

No. The lease moves over to the new owner, who is on the hook for every term right up to the expiration date. Nothing about your tenant's rights or duties changes just because ownership does; the fixed term runs until it naturally closes out.

There is no official North Dakota form for this. You write the notice yourself, telling the tenant about the sale and the showings ahead. Keep it clear and make sure it delivers the 'reasonable notice' that N.D.C.C. 47-16-07.3 requires before entry.

Not unreasonably. Once you have given proper notice, N.D.C.C. 47-16-07.3 says the tenant must allow entry at reasonable times and cannot withhold consent without good cause. A tenant who keeps stonewalling your showing requests may be breaking the lease.

The month-to-month deal does not simply roll on for the buyer. Ending it takes proper written notice from you or the new owner, and N.D.C.C. 47-16-15 requires at least one full calendar month before the termination date takes effect.

My tenant deserves a notice that covers three essentials: a straightforward statement that I am putting the property up for sale, a description of how I will schedule showings around their routine, and confirmation that their current fixed-term lease stays binding after the property changes hands.

Receipt needs to be verifiable, so I pick a delivery route that proves it landed. Handing the notice to my tenant face to face works, as does certified mail returning a signed receipt, or any delivery channel our written lease treats as valid.

At the moment ownership transfers, the deposit goes with it. I turn the security funds over to the new owner during closing, and responsibility for keeping that money and refunding it when the tenant moves out then rests with them.