What must a North Dakota landlord disclose to a tenant, and what must the lease say?
North Dakota requires one thing at signing and almost nothing else: a written statement of the condition of the facilities in and about the premises, signed by both the landlord and the tenant, which then stands as prima facie proof of the unit's condition.
Cited to N.D.C.C. § 47-16-07.2 and 18 more cited sources · Verified September 13, 2026
There is no written-lease requirement, no duty to give the tenant a copy of the lease, no owner or agent identity disclosure, no tenant-rights document and no required lease contents. Not one hazard disclosure exists: nothing on lead beyond the federal rule, and nothing at all on mold, bed bugs, radon, methamphetamine or asbestos. The state's new radon disclosure, in force since August 2025, is owed by a seller to a buyer and does not reach a tenant. A landlord may not charge a fee for accepting cash, a check or a money order, and may not enforce an automatic-renewal clause without thirty days' written notice before the lease expires. No lease clause is void by statute; a court may refuse to enforce an unconscionable agreement or provision, and attorney fees are available only within the maintenance and unconscionability sections, so a one-way landlord fee clause stands.
North Dakota lease disclosures at a glance
| Which law governs | Chapter 47-16 is a general leasing chapter rather than a residential landlord-tenant act: it still carries farm-lease crop-title filing, oil and gas lease cancellation and wind energy lease termination alongside the residential rules. A partial residential overlay was grafted into it in two clusters, sections 47-16-07.1 through 47-16-07.6 and sections 47-16-13.1 through 47-16-13.7, and those sections carry their own residential words, a landlord of a residential dwelling unit and a residential dwelling unit rental agreement, while the older sections around them speak only of lessor and lessee with no residential limit. The move-in condition statement, the deposit rules, the automatic-renewal notice and the payment-fee ban sit in the first cluster or among the general sections; the maintenance duties, unconscionability, damages and attorney fees sit in the second. The statute of frauds is section 9-06-04 and electronic signing is chapter 9-16. The sales-disclosure sections in chapter 47-10 run from a seller to a buyer and never reach a lease. |
|---|---|
| Who is covered | Statewide, with no unit counts and no local variation, but the reader has to know which body of the chapter a rule comes from. The residential overlay sections say so in their own words; the general leasing sections do not, and apply to leases of every kind. The automatic-renewal notice is limited to residential leases of a specified term of two months or more. There is no exemption list of the usual kind: no carve-out for institutional housing, hotels and motels, employee housing or agricultural tenancies from the residential overlay. Outside the chapter, the smoke-detection rules exempt a landlord whose rental property is a single building of not more than four units from the visual-alarm duty, and the sales-disclosure section reaches only a residential dwelling of no more than four units being sold or exchanged by the owner. |
| Written lease, copy and signature rules | No statute requires a residential lease to be in writing beyond the statute of frauds, so an oral tenancy is lawful. No statute requires the landlord to give the tenant a copy of the lease. No North Dakota statute requires a residential lease to be in writing, and none requires the landlord to give the tenant a copy of one. A lease of real property is presumed to be for one year, and a lease for longer than one year must be written and subscribed to be valid. What the chapter regulates instead is duration and renewal. A lease or grant of agricultural land reserving rent for longer than ten years is invalid, and so is a lease of a city lot for longer than ninety-nine years. And an automatic-renewal clause in a residential lease with a specified term of two months or more may not be enforced unless the landlord notified the tenant of that clause in writing, delivered personally or by first-class mail, not less than thirty days before the current lease expires; where the notice was not given, the lease expires and the terms of the latest lease convert to a month-to-month tenancy. North Dakota prescribes no translation duty, no plain-language act, no type size and no placement rule. Statute of frauds: An agreement for the leasing of real property, or of an interest in it, for a longer period than one year is invalid unless the agreement or a note or memorandum of it is in writing and subscribed by the party to be charged or by that party's agent, and where an agent signs, the agent's authority must itself be in writing (section 9-06-04, subsection 3). The same section separately invalidates any agreement that by its terms is not to be performed within a year of its making. The ten-year and ninety-nine-year figures that circulate as North Dakota's writing threshold are not one: they are validity caps on the length of an agricultural or city-lot lease in section 47-16-02, a different rule. Electronic leases and signatures: North Dakota's electronic transactions act, chapter 9-16, makes an electronic record satisfy a requirement that a record be in writing and an electronic signature satisfy a requirement of a signature, for records created after July 31, 2001. Its list of excluded transactions covers wills, codicils and testamentary trusts and most of the commercial code, and it contains no carve-out for residential notices, so unlike some states North Dakota does not pull default, eviction or right-to-cure notices out of the act. The only gate is consent: the chapter applies only to transactions between parties each of which has agreed to conduct transactions electronically, and whether they agreed is judged from the context and their conduct. No section of the leasing chapter authorizes email delivery of anything. |
| Owner and agent identity | No. North Dakota has no owner or managing-agent identity disclosure at all. The phrase name and address does not appear anywhere in the leasing chapter, there is no duty to name a manager, no posting alternative and no rule making a non-complying manager the landlord for service. There is no statewide landlord or rental registration either: the word landlord appears in fifteen places across the whole Century Code, and none of them creates an identity or registration duty. Nothing is owed when the building changes hands: the section on succession gives the new owner the former landlord's remedies for rent and imposes no notice on the tenant, and the deposit section moves the deposit to the new owner without requiring anyone to tell the tenant. The chapter's one identity-shaped duty runs the other way, obliging the tenant to inform the landlord of any proceeding brought to recover the property and to deliver the notice, on pain of damages. |
| Required statements and lease text | No. North Dakota prescribes nothing of this kind. There is no tenant-rights statement, no summary of the law, no handbook, no agency form and no statutory sentence that a lease must carry, in the statutes or in the administrative rules. The administrative code has no landlord-tenant title, and the two titles that could hold a residential disclosure, the health title and the environmental quality title, contain no article of that sort. One written disclosure duty does touch a lease and it belongs to someone else: a licensed real estate agent performing services for a customer must disclose the non-agency relationship in writing and have the customer sign it before performing any services, explaining that the firm and its agents owe the customer only limited duties, among them to disclose adverse material facts actually known about the title, the physical condition and defects of the property. That rule binds the licensee, is enforced by license discipline and by a bar on suing for a commission, and creates no duty for a landlord. |
| Move-in condition report | Yes — the landlord must give a written condition statement, checklist or inventory. A landlord must provide the tenant with a statement describing the condition of the facilities in and about the premises to be rented at the time of entering a rental agreement, the statement must be agreed to and signed by the landlord and the tenant, and it then constitutes prima facie proof of the condition of the facilities and the premises at the beginning of the rental agreement. That is the whole section, and it is unusual in two ways. Both parties must sign, which makes it the one mandatory signed acknowledgment in North Dakota residential tenancy law. And its subject is the facilities in and about the premises, which is broader than the unit interior that most checklist statutes cover. No agency prescribes a form, no statute prescribes its wording and no rule stands behind it. The consequence is evidentiary and only evidentiary: a landlord who skips the statement loses the presumption about the unit's condition, not the right to deduct from the deposit. The reason is structural, and it is worth knowing: the chapter's damages and attorney-fee sections are scoped to the maintenance and unconscionability cluster and do not reach this section at all. North Dakota gives no right to see the previous tenant's damage list. When and who signs: At the time of entering the rental agreement. Both the landlord and the tenant sign it, and there is no later deadline and no move-out counterpart in the same section. Deposit notice at signing: Security deposits are section 47-16-07.1: a federally insured interest-bearing account, a cap of one month's rent with two named two-month exceptions, a pet deposit capped at the greater of two thousand five hundred dollars or two months' rent, itemization with written notice within thirty days after termination, and treble damages for withholding without reasonable justification. North Dakota requires no deposit receipt and no account notice at signing; the rest is on the deposits page. |
| Hazard disclosures | No in-force state hazard disclosure duty applies at signing beyond the federal lead-paint rule. No state duty exists for lead, mold, bed bugs, radon, methamphetamine, asbestos, or any other hazard. Every state duty and every stated absence, hazard by hazard: Lead (state add-on to the federal rule) — no state duty. North Dakota adds nothing to the federal lead-paint disclosure: no state form, no registration, no certificate and no renewal re-disclosure. The state has exactly two lead provisions. One gives the Department of Environmental Quality power to license lead-based paint contractors and certify workers. The other is an administrative rule that takes the federal lead-based paint activities standards over wholesale, substituting the state department for the federal administrator, and which says in its own words that while it sets requirements for performing lead-based paint activities should they be undertaken, nothing in it requires the owner or occupant to undertake any particular lead-based paint activity. Mold — no state duty. No North Dakota statute or rule requires a mold disclosure, and the state has no mold standard, booklet or remediation regime. The word appears twice in the whole Century Code and both are something else entirely, a seed statute and a hearing-aid procedure. The only rule that mentions mold is the sanitation standard for lodging establishments, which governs hotels and motels rather than a residential tenancy. Mold in a rented home is a maintenance question under the landlord's general duty to keep the premises fit. Bed bugs — no state duty. North Dakota has no bed-bug statute: the term appears nowhere in the Century Code. The one place it appears in the administrative rules is the definition of an infestation in the sanitation standard for lodging establishments, which reaches hotels and motels and is not a disclosure. Nothing must be told to a residential tenant before or at signing. Radon — no state duty. This row needs its explanation, because North Dakota does now have a radon disclosure and it is owed to buyers, not tenants. Since August 1, 2025, before executing an agreement to sell or transfer residential real property, a seller must disclose in writing any knowledge of radon concentrations in the property and give the buyer a prescribed statement in capital letters about radon gas and where to find more information, which the buyer acknowledges by signing a copy; where the seller knows the property has been tested, copies of the results and evidence of any mitigation must also go to the buyer. The section defines a buyer as a person negotiating or offering to acquire legal or equitable title or the right to acquire it, and a leasehold is neither, so a landlord owes a tenant nothing. Radon appears nowhere else in the Century Code and in no administrative rule that reaches a dwelling. Methamphetamine — no state duty. North Dakota has no methamphetamine disclosure, no decontamination standard, no certificate of cleanup and no bar on renting a former drug-lab property. The word appears four times in the whole Century Code and every one is a controlled-substance schedule or a penalty threshold; the word clandestine appears not at all. Neither the statutes nor the administrative rules put anything about drug contamination on a landlord. Asbestos — no state duty. No asbestos disclosure is owed to a North Dakota tenant. The thirty-three places the word appears in the Century Code are civil-liability chapters about successor liability, bankruptcy trust transparency and asbestos actions, a limitations section, and the department's power to license contractors. The matching administrative rule is the federal hazardous air pollutant regime for demolition and renovation, whose notifications run from the contractor to the department and never to an occupant. Other hazard notices (smoke alarms, carbon monoxide, pesticide, ordnance, pool) — no state duty. North Dakota requires no pesticide notice, no military ordnance or noise-zone notice, no pool notice and no pest-control-contract disclosure. The smoke-detection statute is an installation and maintenance rule rather than a disclosure: all residential rental property must have smoke detection systems, the tenant of a single-family rental maintains and inspects the system while the landlord of other dwellings installs it and ensures it works as each new tenant moves in, the fire marshal and local fire departments provide installation information to owners, and a landlord must supply a visual alarm for a deaf tenant who asks in writing, with an exemption for a landlord whose rental property is one building of not more than four units. A willful failure to install is a class B misdemeanor. None of that is owed to the tenant as information at signing; the duties themselves are on the habitability page. |
| Flood disclosure | No. North Dakota requires no flood disclosure to a tenant, and it has no flood-specific disclosure for buyers either. The word flood does not appear in the leasing chapter, and the fifty-eight places it appears in the rest of the Century Code are water law and local government: validation of flood irrigation proceedings, the county, city and township floodplain-management ordinance powers, the contents of a plat, and the water conservation, flood control and flood irrigation chapters. The sales-side disclosure that exists is general, not flood-specific, and it does not reach a lease: it applies to a transaction for the sale, exchange or purchase of real property where a licensed agent assists a party or the owner sells, and only where the property is a residential dwelling with no more than four units being sold or exchanged by the owner, and it requires a Real Estate Commission form covering latent defects, general condition, environmental issues, structural systems and mechanical issues before the parties sign the final acceptance of the purchase agreement, with nine exempted transaction types and Commission discipline as the remedy. No administrative rule requires a flood disclosure by anyone. |
| Disclosures about the property's situation | No statutory disclosure of this kind |
| What need not be disclosed | None — no statute says a fact about the property need not or may not be disclosed in a rental, or bars a claim over its non-disclosure. |
| Utility, fee and payment disclosures | North Dakota imposes one prohibition and no disclosure duties. Since August 1, 2025 a landlord may not charge a tenant a fee to accept cash, a check or a money order for the payment of rent or any other payment the landlord requires under a lease of real property. Note the shape of that rule, because it is the reverse of the pattern in other states: it forbids charging for the non-electronic payment methods, and it does not require the landlord to accept them in the first place. The section states no penalty; it sits outside the chapter's damages and attorney-fee cluster, so neither of those reaches it. Beyond that there is nothing. North Dakota requires no shared-meter or submetering disclosure, no ratio-billing disclosure, no itemization of fees in the lease, no rent receipt, no concession disclosure, no renter's-insurance disclosure, no smoking-policy disclosure and no rent reporting. Two sections set defaults rather than disclosures: rent is payable at the end of the term unless the agreement says otherwise, and the term of a lease follows the way rent is paid. One notice is worth knowing because it becomes lease content: in a month-to-month tenancy the landlord may change the terms of the lease to take effect at the end of the month by giving written notice at least thirty days before, served in any reasonable manner that actually informs the tenant, and if the tenant holds over the notice establishes those terms as part of the lease. The rent figure in such a notice is on the rent-increase page; late fees, application fees and deposits are on their own pages. |
| Lease clauses that are void or prohibited | No enumerated list — North Dakota has no list of prohibited or void lease provisions. There is no bar on a waiver of rights, no confession-of-judgment provision, no exculpation or indemnity bar, no attorney-fee item and, unusually for a state with a residential overlay, no general anti-waiver section either. What the chapter has instead is unconscionability: a court may refuse to enforce, sever or limit a residential rental agreement or any provision of it that was unconscionable when made, and may do the same with a settlement in which a party gave up a claim or right. The court may raise unconscionability on its own motion, and the parties must then be given a reasonable opportunity to present evidence about the setting, purpose and effect of the agreement or settlement. Two further provisions bound how far the landlord's maintenance duties may be pushed onto the tenant, and they are the closest thing in North Dakota law to a prohibited-clause rule. Sanction as the statute states it: The court's powers are to refuse enforcement, to sever the provision, or to limit how it applies. Nothing more follows: North Dakota has no damages provision for using a prohibited clause, no rent multiple, no cure window and no rule voiding the whole agreement. The only route to money is the chapter's own damages section, and it is limited to rights under the maintenance and unconscionability cluster and comes with a duty to mitigate. The general provisions: • A residential dwelling unit rental agreement, or any provision of one, that was unconscionable when made: the court may refuse to enforce the agreement, enforce the rest of it without the unconscionable provision, or limit the provision's application to avoid an unconscionable result (section 47-16-13.3, subsection 1). • A settlement in which a party waives or agrees to forego a claim or right under the maintenance and enforcement sections, or under a rental agreement, that was unconscionable when made: the court may refuse to enforce it on the same terms (section 47-16-13.3, subsection 1). • An agreement shifting the landlord's maintenance duties in a building other than a single-family residence, unless it is made in good faith, set out in a separate writing signed by the parties and supported by adequate consideration, does not cover work needed to cure a failure to keep the premises fit, and does not diminish or affect what the landlord owes other tenants (section 47-16-13.1, subsections 4 and 5). • Any attempt to make the tenant's performance of such a separate maintenance agreement a condition of an obligation or performance under the rental agreement itself (section 47-16-13.1, subsection 6). |
| Attorney-fee clauses | Prevailing-party attorney fees are discretionary or conditioned and limited to named actions. Scope: Any right or action provided by sections 47-16-13.1 through 47-16-13.6 is enforceable by action and the court may award reasonable attorney's fees to the prevailing party. That reaches the landlord's maintenance duties, the tenant's obligations, unconscionability, the remedy after termination and the mitigation rule, and nothing else. It does not reach the move-in condition statement, the deposit section, the automatic-renewal notice or the payment-fee prohibition, and the award is discretionary rather than mandatory. Outside that one cluster North Dakota follows the American rule: absent statutory or contractual authority, each party bears its own attorney fees, as the Supreme Court has put it. The practical consequence for a reader is direct. A one-way clause making the tenant pay the landlord's attorney fees is lawful in North Dakota and enforceable as written, and there is no statute converting it into a mutual right. Two other fee grants exist outside this topic, for a domestic-violence termination claim and for an action to release an oil and gas lease. |
| When, how, and what happens on a failure | North Dakota has no general service-of-notice section, and each duty carries its own timing and its own method, which differ enough that one cannot be read across to another. The move-in condition statement is owed at the time of entering the rental agreement and signed by both parties. The automatic-renewal notice is owed in writing not less than thirty days before the current lease expires, delivered personally or by first-class mail, with no other method allowed. A change of terms in a month-to-month tenancy needs at least thirty days' notice before the end of the month, served in any reasonable manner that actually informs the tenant. The deposit itemization is owed within thirty days after termination and delivery of possession, delivered or mailed to the last address the tenant furnished. Entry notice may be given by personal service, by conspicuous posting or by any other method resulting in actual notice, and a domestic-violence termination notice may go by mail, by facsimile or in person. Nothing recurs: there is no annual, renewal, on-update or on-sale disclosure anywhere in the chapter, and the renewal notice is per term rather than periodic. Only the condition statement requires a signature. No section authorizes email, and the general electronic transactions act supplies validity only between parties who have agreed to transact electronically. The remedies are as uneven as the methods. The condition statement carries an evidentiary consequence and no penalty. The automatic-renewal notice is self-executing: without it the clause cannot be enforced, the lease expires and the tenancy becomes month to month. The payment-fee prohibition states no penalty at all. The maintenance and unconscionability cluster carries appropriate damages with a duty to mitigate and discretionary prevailing-party attorney fees. Outside this topic, withholding a deposit without reasonable justification carries treble damages, a domestic-violence violation carries a thousand dollars in statutory damages plus fees, a willful failure to install smoke detection is a class B misdemeanor, and a licensed agent who skips the agency disclosure faces license discipline and cannot sue for a commission. |
| Can cities add their own rules | State law says nothing either way about local lease-disclosure or lease-content rules. Nothing in North Dakota law either authorizes or forbids a city or county to make its own lease-disclosure or lease-content rules; the leasing chapter says nothing on the subject. One express preemption exists and it is about rent, not disclosure: a political subdivision may not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property, with no carve-out for subsidized housing and only a saving for property in which the subdivision holds a fee interest. That preemption is broader than most because it reaches commercial property as well. Room to legislate does exist: a home-rule city whose charter includes the power may pass ordinances for the public health, safety, morals and welfare and may define offenses against private persons and property, and state statutes continue to apply to home-rule cities except insofar as they are superseded by the charter or by an ordinance passed under it. No North Dakota city carries a lease packet or a disclosure ordinance on this page. |
| How state law refers to the federal rules | Two North Dakota provisions point at the federal rules and neither adds anything of its own. The Department of Environmental Quality licenses asbestos and lead-based paint contractors and certifies workers in accordance with the federal regulations, and adopts the federal hazardous air pollutant standards. And the state's lead-based paint activities rule adopts the federal standards by reference, substituting the state department for the federal administrator, while stating that nothing in it requires an owner or occupant to undertake any particular lead-based paint activity. Neither is a North Dakota disclosure duty, and the federal lead-paint disclosure that a landlord does owe is carried elsewhere on this site. No North Dakota provision references or extends the federal flood acknowledgment for assisted housing, the federal violence-against-women forms, the voucher tenancy addendum or the federal electronic signatures act. |
| Changes already signed into law | No signed act is waiting beyond any not-yet-in-force duty already stated on this page |
| Leading court decisions | Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc., 2016 ND 102 (North Dakota Supreme Court; arose from a commercial lease; bears on attorney-fee clauses): Absent statutory or contractual authority, the American rule assumes parties to a lawsuit bear their own attorney fees, and an award of fees is within the sound discretion of the trial court; the court reversed a denial of fees for want of a determinable legal basis and held that both parties being represented by counsel is not a reason to deny them. This is a commercial lease case, cited here only for the American-rule proposition that explains why a North Dakota fee award outside the maintenance and unconscionability sections needs a clause in the lease. Chegwidden v. Evenson, 2015 ND 131 (North Dakota Supreme Court; residential setting; bears on the topic as a whole): A residential deposit case affirming summary judgment for the landlord, construing the application of a security deposit to unpaid rent and the rule that rent is payable to and including the date of termination. It is recorded here because it is the top result for the move-in condition statement section and does not construe that section at all: no North Dakota decision does. |
Cite this page: "Landlord Atlas, North Dakota Lease Disclosure Laws & Required Lease Terms (verified September 13, 2026), landlordatlas.com/laws/lease-disclosures/north-dakota/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
North Dakota hazard disclosures at a glance
No row below is an in-force state duty to disclose, hand over, attach or post a hazard notice; the federal lead-paint rule still applies to housing built before 1978. Each row's full text, trigger, threshold and remedy are in the table above.
| Hazard | Status | When | Form | Prescribed document |
|---|---|---|---|---|
| Lead (state add-on to the federal rule) | None | — | — | — |
| Mold | None | — | — | — |
| Bed bugs | None | — | — | — |
| Radon | None | — | — | — |
| Methamphetamine | None | — | — | — |
| Asbestos | None | — | — | — |
| Other hazard notices (smoke alarms, carbon monoxide, pesticide, ordnance, pool) | None | — | — | — |
Federal rules that apply in every state
The federal layer for the lease-disclosures topic, carried once for the whole site. Every row names who it binds: most federal lease attachments bind only a landlord who takes a voucher or holds HUD-assisted or HUD-insured property, and the one rule that binds every landlord (the lead-paint disclosure rule) is a floor that state law may add to. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it requires. The full text of each row, with its citations, is on the 50-state page.
- Every landlord of housing built before 1978: Lead-based paint disclosure for leases of pre-1978 housing (in force).
- Owners of HUD-assisted, HUD-insured or HUD-acquired rental property in a floodplain: Flood acknowledgment in leases of HUD-assisted, HUD-acquired and HUD-insured property (in force).
- Landlords renting to a Housing Choice Voucher holder: Housing Choice Voucher written lease and tenancy addendum (in force).
- Covered housing providers under the Violence Against Women Act (federally assisted programs): Notice of occupancy rights under the Violence Against Women Act and the certification form (in force).
- Owners of project-based Section 8 housing: Thirty-day pre-eviction notification as a required lease provision (project-based Section 8) (in force).
- Owners of project-based Section 8 housing: Federal prohibited lease clauses and required addendum (project-based Section 8, part 883 projects) (in force).
- Anyone who signs or delivers a lease electronically: Electronic leases and signatures under the federal E-SIGN Act (in force).
- Everyone who offers a dwelling for rent: Fair housing poster (a posting duty, not a lease term) (in force).
- No one — no such federal duty exists: Radon, mold, asbestos and methamphetamine: no federal disclosure duty to residential tenants.
Notes and caveats
- The condition statement is required and both parties sign — It is owed at the time of entering the rental agreement and must be agreed to and signed by the landlord and the tenant. It covers the facilities in and about the premises, which is broader than the unit interior, and no agency prescribes a form.
- Skipping it costs the presumption, not the deposit — The statement is prima facie proof of the unit's condition and the section states no penalty. A landlord who does not provide one does not lose the right to deduct for damage; it loses the evidentiary advantage. The chapter's damages and fee sections are scoped elsewhere and do not reach this duty.
- No owner or agent identity duty — North Dakota has no statute requiring a landlord to give a tenant a name, address or telephone number, no posting alternative, no statewide registration, and no notice to the tenant when the building is sold.
- No copy of the lease is owed — No statute requires a residential lease to be in writing or requires the landlord to hand the tenant a copy of one. A lease for longer than one year must be written and subscribed to be valid.
- Radon is a seller's disclosure, not a landlord's — Since August 1, 2025 a seller must give a buyer a prescribed radon statement, which the buyer signs, before executing an agreement to sell or transfer residential property, along with any test results and evidence of mitigation. The statute defines the buyer by acquisition of title, so it does not reach a tenancy. This is the North Dakota answer most likely to be reported wrongly.
- No hazard disclosures at all — There is no state lead add-on, and nothing on mold, bed bugs, methamphetamine or asbestos. The state's lead and asbestos provisions are contractor licensing and federal-standard adoptions whose notifications run to the department, not to the people living in the building.
- Automatic renewal needs thirty days' notice — For a residential lease with a specified term of two months or more, the landlord may not enforce an automatic-renewal clause unless it gave the tenant written notice of that clause, personally or by first-class mail, not less than thirty days before expiry. Without the notice the lease expires and converts to a month-to-month tenancy on the latest lease's terms.
- No fee for paying by cash, check or money order — Since August 1, 2025 a landlord may not charge a tenant a fee to accept cash, a check or a money order for rent or any other required payment. The section states no penalty, and it does not require the landlord to accept those methods in the first place.
- No void-clause list — North Dakota prohibits no lease provision by name and has no general anti-waiver rule. A court may refuse to enforce, sever or limit an unconscionable agreement or provision, and may raise the question on its own motion, but no damages follow from using a clause.
- A one-way attorney-fee clause stands — Fees are available only for rights under the maintenance and unconscionability sections, and only at the court's discretion. Everywhere else each side bears its own fees unless the lease says otherwise, and no statute converts a one-way clause into a mutual one.
- Twelve sections in six clusters carry no date on the official host — North Dakota's code pages print no credit lines, and the rent-control preemption, the automatic-renewal notice, the condition statement, the entry section, the deposit-misrepresentation section and the whole maintenance cluster have no entry in the legislature's amendment records back to 2007. They are older than that, and their date is simply not published.
- Related pages — Deposits, deposit interest, late fees, application and screening fees, entry notice, rent increases, habitability and repairs, lease termination and eviction each have their own North Dakota page. The thirty-day change-of-terms notice, the smoke-detection duties, the domestic-violence termination right and the eviction-record sealing rule belong to those pages.
- Legislation — Nothing is pending that would change an answer here. North Dakota's legislature meets in regular session only in odd-numbered years, so there was no 2026 regular session; the January 2026 special session touched no landlord-tenant chapter, and the September 2026 special session was called for kratom alone, with none of its five measures touching the leasing or sales chapters. The three 2025 acts that matter here all took effect on August 1, 2025.
- No stigma rule either way — No North Dakota statute requires a landlord to disclose a death, a crime or a suicide in the unit, and none immunizes a landlord who stays silent about one; a separate confidentiality duty protects a tenant's own domestic-violence information.
Common questions: North Dakota lease disclosures
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Does North Dakota require a landlord to give the tenant a written statement of tenant rights?
- No. North Dakota prescribes nothing of this kind. There is no tenant-rights statement, no summary of the law, no handbook, no agency form and no statutory sentence that a lease must carry, in the statutes or in the administrative rules.
- Does a North Dakota landlord have to disclose the owner's name and address?
- No. North Dakota has no owner or managing-agent identity disclosure at all. The phrase name and address does not appear anywhere in the leasing chapter, there is no duty to name a manager, no posting alternative and no rule making a non-complying manager the landlord for service.
- Is a move-in inspection checklist required in North Dakota?
- Yes — the landlord must give a written condition statement, checklist or inventory. A landlord must provide the tenant with a statement describing the condition of the facilities in and about the premises to be rented at the time of entering a rental agreement, the statement must be agreed to and signed by the landlord and the tenant, and it then constitutes prima facie proof of the condition of the facilities and the premises at the beginning of the rental agreement.
- What hazards must a North Dakota landlord disclose to a tenant?
- No in-force state hazard disclosure duty applies at signing beyond the federal lead-paint rule. No state duty exists for lead, mold, bed bugs, radon, methamphetamine, asbestos, or any other hazard.
- Does North Dakota require flood disclosure to renters?
- No. North Dakota requires no flood disclosure to a tenant, and it has no flood-specific disclosure for buyers either. The word flood does not appear in the leasing chapter, and the fifty-eight places it appears in the rest of the Century Code are water law and local government: validation of flood irrigation proceedings, the county, city and township floodplain-management ordinance powers, the contents of a plat, and the water conservation, flood control and flood irrigation chapters.
- Does North Dakota void or prohibit specific lease clauses?
- No enumerated list — North Dakota has no list of prohibited or void lease provisions. There is no bar on a waiver of rights, no confession-of-judgment provision, no exculpation or indemnity bar, no attorney-fee item and, unusually for a state with a residential overlay, no general anti-waiver section either.
Citations
- N.D.C.C. § 47-16-07.2 (verified 2026) Official source
- N.D.C.C. § 47-16-06.1 (verified 2026) Official source
- N.D.C.C. §§ 47-16-02, 47-16-05, 47-16-06 (verified 2026) Official source
- N.D.C.C. § 47-16-02.1 (verified 2026) Official source
- N.D.C.C. § 47-16-07 (verified 2026) Official source
- N.D.C.C. § 47-16-07.1 · (1)–(6) (verified 2026) Official source
- N.D.C.C. §§ 47-16-13.1, 47-16-13.3, 47-16-13.5, 47-16-13.6 · § 47-16-13.1(4)–(6); § 47-16-13.3(1)–(2) (verified 2026) Official source
- N.D.C.C. § 47-16-17.1 · (4), (11) (verified 2026) Official source
- N.D.C.C. § 47-16-20.1 (verified 2026) Official source
- N.D.C.C. §§ 47-16-25, 47-16-28 (verified 2026) Official source
- N.D.C.C. §§ 47-10-02.1, 47-10-02.2, 47-10-02.3 · § 47-10-02.2(1)–(5) (verified 2026) Official source
- N.D.C.C. § 9-06-04 · (1), (3) (verified 2026) Official source
- N.D.C.C. §§ 9-16-02, 9-16-03, 9-16-04, 9-16-06 · § 9-16-04(2); § 9-16-06(3)–(4) (verified 2026) Official source
- N.D.C.C. § 23-13-15 · (1)–(4) (verified 2026) Official source
- N.D.C.C. § 40-05.1-06 · (10), (12) (verified 2026) Official source
- N.D. Admin. Code art. 33.1-15-24 (Standards for Lead-Based Paint Activities) (verified 2026) Official source
- N.D. Admin. Code art. 33.1-15-13 (Emission Standards for Hazardous Air Pollutants) (verified 2026) Official source
- N.D. Admin. Code § 70-02-03-15.2 (non-agency disclosure) · §§ 70-02-03-15(8), 70-02-03-15.2 (verified 2026) Official source
- Laws 2025, chs. 421–423 (Property volume: radon disclosure, association disclosures, payment-fee prohibition) · chs. 421, 422, 423 (verified 2026) Official source
How this record was verified: Direct reading of the North Dakota Century Code on the Legislative Council's own publication site. Chapter 47-16 (Leasing of Real Property) read in full, every section of it; chapter 47-10 read at sections 47-10-02.1, 47-10-02.2 and 47-10-02.3 for the sales-disclosure regime; chapter 9-06 for the statute of frauds; chapter 9-16 for the electronic transactions act; chapter 40-05.1 for home rule; chapter 23-13 for the smoke-detection allocation; and the health, environmental and nuisance chapters 19-03.1, 19-04, 19-21, 23-01, 23-07, 23-10, 23-11, 23-12, 23.1-02, 23.1-04, 23.1-08, 23.1-11 and 42-01 through 42-04 for the hazard family. The code page carries no currency statement and no credit lines on any section, which is itself the finding, so every date here comes from the session laws: the Legislative Council's per-section amendment ledger was read for the sixtieth (2007) through sixty-ninth (2025) assemblies, each hit read from the subject-volume session-law document, and each effective date taken from the Council's own published table of effective dates. Twelve sections, in six clusters, carry no ledger hit across those ten assemblies and are therefore pre-2007 and undated on the official host; they are named in the negative-basis entry rather than given a date. Statutory negatives rest on a code-wide text pass: the Century Code index page serves the entire code, section headings and full text, as one document, confirmed against two control strings, and every hazard, flood, stigma and landlord term was counted over it with each hit enumerated. The North Dakota Administrative Code was taken from its own index on the same host, 2,206 article documents across 115 titles; the article rosters of the Health, Environmental Quality and Real Estate Commission titles were enumerated in full and six candidate chapters read in full. The administrative code has no full-text search and no code-wide currency line, so its currency comes from each rule's own history line. Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc., 2016 ND 102, and Chegwidden v. Evenson, 2015 ND 131, read in full on the Supreme Court's own opinion host, with subsequent history checked on the court's own search. North Dakota held no 2026 regular session; the January 2026 special session produced chapters 650 through 659, none landlord-tenant, and the September 2026 special session's call, read in full, is limited to kratom. Verified September 13, 2026.
What was read to state each absence on this page:
- The landlord-tenant chapter: N.D.C.C. ch. 47-16 (Leasing of Real Property) read in full from the Legislative Council's chapter document, all sections enumerated from § 47-16-01 to § 47-16-42. Term counts over the extracted text: radon 0, mold 0, bed bug 0, methamphetamine 0, asbestos 0, flood 0, lead 0 (the only hit is the word inside another word), sex offender 0, foreclose 0, insurance 0, smoking 0, submeter 0, smoke detector 0, carbon monoxide 0, checklist 0, language 0, Spanish 0, "name and address" 0; disclose appears once, at the domestic-violence confidentiality duty. Chapter 9-06 (statute of frauds) and chapter 9-16 (electronic transactions) read. Code-wide, the whole Century Code was taken as a single document containing every section heading and the full statutory text, verified against two control strings, and searched for this topic's terms with every hit enumerated: landlord 15 lines (possession presumptions, estoppel, the mobile-home lien, four leasing sections and a receivership provision, none an identity or registration duty), psychologically impacted 0, site of a homicide 0, stigmatized 2 (both in a school-meals statute), clandestine 0. Dating: the code carries no credit lines, so the Legislative Council's per-section amendment ledger was read for the sixtieth (2007) through sixty-ninth (2025) assemblies; §§ 47-16-02.1, 47-16-06.1, 47-16-07.2, 47-16-07.3, 47-16-07.4 and 47-16-13.1 through 47-16-13.7 have no hit in any of those ten assemblies and are therefore pre-2007 and undated on the official host, which is stated rather than papered over. The 2025 additions were read from the session-law Property volume with their approved, filed and effective dates.
- The real-estate sales-disclosure chapter: N.D.C.C. ch. 47-10 read at its three disclosure sections, each scope clause quoted. § 47-10-02.1 applies to a transaction for the sale, exchange or purchase of real property where a licensed broker, broker associate or salesperson represents or assists a party, or where the owner sells, and only to a residential dwelling with no more than four units being sold or exchanged by the owner; its form covers latent defects, general condition, environmental issues, structural systems and mechanical issues, with nine exempt transaction types and Real Estate Commission discipline as the remedy. § 47-10-02.2 (radon, created 2025) runs from a seller to a buyer before executing an agreement to sell or transfer, with the buyer defined by acquisition of legal or equitable title or the right to acquire it. § 47-10-02.3 (created 2025) is the homeowners-association and condominium package owed to a prospective buyer within ten days of an agreement to sell or transfer, and one of its fifteen items is notice of any association restriction on leasing a unit, again owed to a buyer. North Dakota has no separate association-disclosure act; that package sits inside the sales chapter. None of the three reaches a leasehold.
- Public-health, environmental and professions titles: Chapter documents opened and read for the hazard family: 19-03.1 (Uniform Controlled Substances Act), 19-04 (Poisons and Deleterious Preparations), 19-21 (Labeling of Hazardous Substances), 23-01 (Health Division), 23-07 (Reportable Diseases), 23-10 (Mobile Home Parks, Trailer Parks and Campgrounds), 23-11 (Housing Authorities Law), 23-12 (Public Health, Miscellaneous), 23-13 (Safety Regulations), 23.1-02 (Radiation), 23.1-04 (Hazardous Waste), 23.1-08 (Solid Waste), 23.1-11 (Ground Water Protection) and 42-01 through 42-04 (Nuisances). Enumerated hits: methamphetamine appears eight times in the controlled-substances chapter, all in the schedules, the manufacturing offense and the quantity thresholds, with no contaminated-property provision; the safety chapter's landlord and tenant hits are all inside § 23-13-15, the smoke-detection allocation; the housing-authorities chapter's hits are public-housing powers and tenant selection; the nuisance chapter's hits are termination of a lease under a nuisance injunction. The radiation, ground-water, hazardous-substances and remaining nuisance chapters returned no hit on any term. Code-wide the counts were radon 1 section (the 2025 sales disclosure), lead 1 (the department's contractor-licensing power), asbestos 33 (civil-liability chapters, a limitations section and that same licensing power), methamphetamine 4, mold 2 (both false positives), bed bug 0.
- Administrative code: The North Dakota Administrative Code was read from its own index on the Legislative Council's host: 2,206 article documents across 115 titles, with the full title, article and chapter tree. The three titles that could carry a residential-tenancy disclosure were enumerated article by article: the Health title (33), whose articles run from general administration through the inspection division to nurse aide and medical marijuana with no landlord-tenant article; the Environmental Quality title (33.1), whose articles cover water works, environmental restoration, radiological health (23 chapters, none about radon in dwellings), petroleum tanks, boilers, air pollution control (25 chapters, including hazardous air pollutants and lead-based paint activities), surface water, public water supply, well contractors, operator certification, solid waste, cesspools and septic tanks, laboratories, hazardous waste, underground injection, petroleum products and the revolving loan fund; and the Real Estate Commission title (70), whose five articles cover licensure, education, licensee responsibilities, continuing education and errors and omissions insurance. Six candidate chapters were then read in full with every hit given its context: 33.1-15-24 (lead-based paint activities, which adopts the federal standards by reference and disclaims any requirement that an owner or occupant act), 33.1-15-13 (hazardous air pollutants, whose 371 asbestos references are contractor notifications to the department), 33-33-05 (smoke detector rules, no hit on any term), 33-33-01 (mobile home park rules), 33-39-01 (lodging establishment sanitation, which supplies the only mold and bed-bug references and reaches hotels and motels) and 70-02-03 (licensee responsibilities, the broker agency and non-agency disclosure regime). No rule imposes a hazard, flood or lease-content disclosure on a residential landlord. One limitation is stated plainly: the administrative code has no full-text search and no code-wide currency banner, so this reading is a targeted per-article enumeration and each rule's currency comes from its own history line.
- Local-government title: N.D.C.C. ch. 40-05.1 (home rule) read in full, including § 40-05.1-06's list of powers a home-rule city may take if its charter includes them and the chapter's closing statement that state statutes continue to apply to home-rule cities except insofar as superseded by the charter or an ordinance passed under it. § 47-16-02.1 (the rent-control preemption) read in full. Chapter 47-16 was read in full for preemption and authorization language and contains none as to lease disclosure or lease content. No North Dakota city carries a lease-disclosure ordinance in this project's locality overlay.