Two ways to rent in North Dakota
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in North Dakota? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. North Dakota residential tenancies are governed by Chapter 47-16 of the Century Code, which covers deposits, entry, and how a tenancy ends.
North Dakotalease rules & requirements
Security deposit
Under Century Code 47-16-07.1, a North Dakota landlord may not collect more than one month's rent as a security deposit. There are limited exceptions: up to two months' rent if the tenant has a felony conviction or a prior judgment for breaching a lease, and a separate pet deposit of up to the greater of $2,500 or two months' rent. The deposit, with an itemized statement of any deductions, must be returned within 30 days after the tenant moves out.
Late fees
North Dakota sets no statutory cap on late fees, so a late fee must be reasonable and must be stated in the lease — its amount and when it applies. Returned-check (NSF) fees are limited to $40 per check.
Landlord entry & notice
Under Century Code 47-16-07.1, a landlord may enter only at reasonable times and, unless it is impractical, must first give notice and obtain the tenant's consent, which cannot be unreasonably withheld. No fixed number of hours is set, so the lease should spell out a notice window — 24 hours is standard. A landlord may enter without notice only in a genuine emergency.
Required disclosures
The landlord must give the federal lead-based-paint disclosure for homes built before 1978. North Dakota also requires a written statement describing the condition of the premises at move-in (a move-in checklist), signed by both the landlord and the tenant, under Century Code 47-16-07.2.
Ending the lease
A fixed-term lease simply ends on its end date. A month-to-month tenancy can be ended by either party with at least one calendar month's (30 days') written notice under Century Code 47-16-15.
Does it need notarizing?
No. A North Dakota residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under North Dakota law (Century Code Chapter 47-16).
How to write a North Dakota lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any reasonable late fee or the $40 NSF fee.
- 4
Set the security deposit within the one-month limit, plus any pet deposit, and add parking, smoking, or utility terms.
- 5
Add the required disclosures (lead-based paint for pre-1978 homes) and a signed move-in condition statement.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your North Dakota lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
North Dakota lease agreement FAQ
Does a North Dakota residential lease need to be notarized?
No. A residential lease in North Dakota doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in North Dakota?
Yes. Under Century Code 47-16-07.1 the deposit is capped at one month's rent. It can rise to two months' rent if the tenant has a felony conviction or a prior lease-breach judgment, and a separate pet deposit of up to the greater of $2,500 or two months' rent is allowed.
How long does a North Dakota landlord have to return the deposit?
30 days after the tenant moves out, together with an itemized statement of any deductions.
How much can a late fee be in North Dakota?
There is no statutory cap, so a late fee must be reasonable and must be set out in the lease. Returned-check fees, by contrast, are limited to $40 per check.
How much notice ends a month-to-month lease in North Dakota?
At least one calendar month — 30 days' written notice from either the landlord or the tenant under Century Code 47-16-15.
Does the landlord have to give notice before entering?
Yes. Century Code 47-16-07.1 requires reasonable notice and the tenant's consent unless it is impractical, and entry only at reasonable times. No exact number of hours is fixed, so a 24-hour notice clause is good practice.
What must a North Dakota lease disclose?
The federal lead-based-paint disclosure for pre-1978 homes, and a written move-in statement describing the condition of the premises, signed by both the landlord and the tenant.
Is this North Dakota lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.
