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.
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.
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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).
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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.
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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).
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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
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.
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.
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: 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.
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.
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.
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.
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.
Frequently Asked Questions
It is the written notice a North Dakota landlord serves to raise the rent on a residential tenancy, naming the new monthly rent and the date it begins. On a month-to-month lease the increase takes hold only after the notice required by N.D.C.C. 47-16-07 runs. The notice does not end the tenancy; it changes one term, the rent, at the month's expiration. Rent on a fixed-term lease cannot be moved mid-term unless the lease allows it.
On a month-to-month lease a North Dakota landlord may change the rent 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). The new rent begins only after that period runs, so the tenant has time to accept it or move. On a lease of a year or longer the rent is fixed unless the lease allows a change.
No. North Dakota has no statewide cap and no statewide percentage limit, and local rent control is preempted, since 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). A North Dakota landlord may set the new amount as long as the 30-day notice is given and the increase is not for a retaliatory or discriminatory reason.
Generally no. In North Dakota the rent is a fixed term of the lease, so it cannot be raised during the term unless the lease specifically allows it. The 30-day rule 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. Increases are usually put in place at renewal.
North Dakota is flexible here: the landlord may deliver the written notice by 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). It must go out at least 30 days before the month expires. Keeping proof of how and when it was served helps if the increase is later disputed.
A North Dakota rent increase notice should name the landlord and tenant, give the rental address, state the current and new monthly rent, and give the effective date. It should confirm the notice gives at least the 30 days N.D.C.C. 47-16-07 requires before the month expires, and say how rent is to be paid. Because there is no statewide cap and local rent control is barred, the amount is set by the landlord subject to that notice.
No. North Dakota preempts local rent control: 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), so cities such as Fargo and Bismarck cannot cap private increases. The statewide 30-day notice rule for a month-to-month lease (N.D.C.C. 47-16-07) governs across North Dakota, subject to any exception for property a political subdivision owns.
A North Dakota increase served with less than the 30 days the law requires does not take effect at the month's expiration. Under N.D.C.C. 47-16-07, the change is effective only after at least 30 days written notice before the month expires has run. A tenant may treat a short or defective notice as not yet effective and keep paying the prior rent until a proper notice period passes.