North Dakota Rent Increase Notice
In North Dakota a landlord may change the rent on a month-to-month lease by giving the tenant at least 30 days written notice before the end of the month. North Dakota has no statewide rent cap and local rent control is barred, so the landlord may set the new amount subject to notice. Attorney review available.
Introduction
North Dakota lets a landlord change a month-to-month lease from the inside rather than ending it. The landlord may alter the terms of the lease, the rent among them, to take effect at the expiration of the month, so long as written notice goes out at least 30 days before that month expires (N.D.C.C. 47-16-07). The tenancy runs on; only the rent moves. The written notice that does this, naming the new monthly rent and the date it begins, is a North Dakota rent increase notice. North Dakota is also flexible about how the notice reaches the tenant: any reasonable manner that actually informs the tenant of the change will do, such as hand delivery, leaving it with a suitable person, or posting and mailing. On the amount, the state sets no statewide cap and no statewide percentage limit, and local rent control is preempted, because a political subdivision may not enact, maintain, or enforce an ordinance controlling the amount of rent for private residential property (N.D.C.C. 47-16-02.1). Rent under a fixed-term lease holds until the term ends unless the lease allows a change. DocDraft builds your North Dakota rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
- 1
A North Dakota rent increase notice is the written notice a landlord serves to raise the rent on a residential tenancy, naming the new monthly rent and the date it begins.
- 2
On a month-to-month lease the landlord may change the terms, the rent included, to take effect at the expiration of the month by giving written notice at least 30 days before that month expires (N.D.C.C. 47-16-07).
- 3
The change does not end the tenancy; the lease runs on and only the rent moves at the month's expiration (N.D.C.C. 47-16-07).
- 4
Notice may reach the tenant by any reasonable manner that actually informs them of the change, such as hand delivery, leaving it with a suitable person, or posting and mailing (N.D.C.C. 47-16-07).
- 5
North Dakota sets no statewide cap and no statewide percentage limit, so the landlord fixes the new amount subject to the notice.
- 6
Local rent control is preempted: a political subdivision may not enact, maintain, or enforce an ordinance controlling the amount of rent for private residential property (N.D.C.C. 47-16-02.1).
- 7
Rent under a fixed-term lease holds until the term ends unless the lease allows a change; the 30-day rule governs the month-to-month lease.
Key decisions before you file
Before you file a Rent Increase Notice in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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North Dakota Requirements for Rent Increase Notice
30-Day Notice Before the Month Ends
On a month-to-month lease, the landlord may change the terms, including the rent, to take effect at the expiration of the month by giving written notice at least 30 days before the expiration of the month (N.D.C.C. 47-16-07). The effective date must fall at a month's end and give the tenant at least that notice.
Notice May Be Given in Any Reasonable Manner
The written notice of the change may be delivered in any reasonable manner that actually informs the tenant, such as hand delivery, leaving it with a suitable person at the property, or posting and mailing (N.D.C.C. 47-16-07). Keeping proof of how and when the notice was served helps if the increase is later disputed.
No Statewide Rent Cap
North Dakota has no statewide rent cap and no statewide percentage limit. A landlord may set the new amount, as long as the required 30-day notice is given and the increase is not for a retaliatory or discriminatory reason.
Local Rent Control Is Preempted
Local rent control is preempted: a political subdivision may not enact, maintain, or enforce an ordinance controlling the amount of rent for private residential property (N.D.C.C. 47-16-02.1). Cities such as Fargo and Bismarck cannot cap private rent increases, so the statewide notice rule governs.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. The 30-day notice under N.D.C.C. 47-16-07 applies to a month-to-month lease, or an increase takes effect when a fixed-term lease renews.
Counting the Effective Date
Count at least 30 days from when the notice is given, and set the effective date at the expiration of a month (N.D.C.C. 47-16-07). The increase takes effect only at the end of a month for which at least 30 days written notice has been given.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 30 days N.D.C.C. 47-16-07 requires before the expiration of the month. It should also state how rent is to be paid.
Short Notice Is Not Yet Effective
A rent increase served with less than the 30 days the law requires does not take effect at the expiration of that month. Under N.D.C.C. 47-16-07, the change is effective only after at least 30 days written notice before the expiration of the month has run. A tenant may continue paying the prior rent until a proper notice period passes.