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North Dakota Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for North Dakota on
Q: Can a landlord start a new lease without it being signed or agreed to?

I live in North Dakota. Upon the end of our lease, the lease states that it will automatically go month to month - we were month to month for a couple of months before our landlord sent a request for us to sign a new 6 month lease along with a rent increase via our rent portal. We did not sign that... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2023

No. If you did not agree to the new six month lease, it is not yet effective.

Be aware, however, that they can demand that you surrender the premises and can commence eviction proceedings.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Can i sue my last landlord for $2000 payment we agreed upon for moving out early and can i get interest for late payment

We recently moved out of a duplex due to the place being sold by the landlord and the new owner wanted to live in the basement where we were living, we agreed to break our lease and move out for a payment of $2000 as well as our security deposit back as long as no damages occured. we got the... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Likely, get a lawyer.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I received a text message from my landlord that he was having a crew come in to clean up the yard.

He said that we had until then to get anything we wanted to keep taken care of. I looked out the window about a half an hour later to see there was one of his workers out there. I text him saying that he gave us until the next day. He replied by saying that he was just there to pull weeds. I left... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Sue him in small claims court.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Question regarding harassment in mobile home park community.

We live in a mobile home community. Park manager’s brother lives next door. We had an incident last week where he harassed my daughter when she was outside on our deck because we complained about his dog being off leash (against park and city rules/law) to the corporate office. I made a police... View More

Lucas Wynne
Lucas Wynne
answered on Jun 17, 2020

If the lack of criminal history is a condition of the leasing contract that you relied upon, you could potentially sue the trailer park.

1 Answer | Asked in Contracts, Domestic Violence and Landlord - Tenant for North Dakota on
Q: I am trying to find case law on a specific statute. NDCC 47-16-17.1. but am struggling with research on this.
Lucas Wynne
Lucas Wynne
answered on Nov 1, 2019

Sorry, but this is not a question. Get more specific and try again!

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can I see my landlord for not accepting my Emotional Support Animal?

I live in Fargo, North Dakota and currently there are no psychologists that sign for Emotional Support Animals, so I went online and found a psychologist that did. Only thing is that they are from California. My landlord denied my Emotional Support Animal letter because the psychologist is not from... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Sep 16, 2018

you can sue, but that doesn't mean you'll win.

To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

I reported animal cruelty on my sons landlords to the sheriffs department. The deputy gave them my name that I was in to file a complaint now I'm being harassed, threatened, and assaulted and the sheriff department will do nothing. I have called them 9 times in last 4 months because of them... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing...
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2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: I need help with determining if I can get a holding deposit back on an apartment we were denied

Me, my wife, and a friend of ours applied for a 2 bedroom house in grand forks north dakota. Our friend was denied on her application, although me and my wife was approved and we make enough income between the 2 of us for the minimum income requirement. Would we all be denied then? And if so do... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

Generally, a tenant that does not qualify will qualify if co-tenants qualify, as you alluded to. Generally speaking, a landlord cannot keep a deposit if a contact was never entered into. You described the deposit as a "holding deposit". Therefore, the consideration the landlord gave... View More

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1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: can I break a lease due to constant noise ?

I am in a lease with my apartment. There is a constant thumping noise in my bedroom ceiling or wall every night from 10 pm to 8 am. I made repeated requests to have it investigated and they finally sent someone to witness it. He agreed that it was awfulnand must be very hard to live with. But no... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

From what you have stated, it appears that the sound is not coming from an upstairs neighbor, but from the building itself? If that is the case, then you may have a case against the landlord for breaching the implied warranty of habitability. Habitability is interpreted into all residential lease... View More

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: How long after termination of lease does a landlord have to present the tenant with the damages bill?

We tried to get ahold of the landlord many times and could not make contact. We never received a bill, and now, 11 months later, are being sued for the damages to the apartment. Also, our security deposit was kept.

Lucas Wynne
Lucas Wynne
answered on Feb 24, 2018

Your first step is to check the specific terms of your lease. Even if an amount of time is set by statute, the lease may control.

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Dakota on
Q: Over 6 months ive received 3letters for a non renewal of my lease is this discrimination?

Everytime there has been an issue i have taken care of it. Ive lived here since 2015 and never had a problem until new manager came. then the last 6 months on three seperate occasions i have revieved a letter for a non renewal of my lease. I asked why she gave me a reason and i resolved it every... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

There is not a specific North Dakota statute that requires a landlord to renew your lease. Generally, a tenant's best chance to challenge the refusal to renew is if the refusal to renew was based on discrimination. There could be a chance to prevent a refusal to renew if it is on public... View More

2 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for North Dakota on
Q: Do I have a legal right if I have two kids to live in our leased twinhome over my spouse?

We recently separated. Living with relatives for the past week, I have two kids with me. Me, my 19year old, and my spouse are on the lease. Do I have any rights because I have kids, one under 18. Or are we supposed to be homeless.

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You need to call an attorney to address this question. Adequate advice for this issue cannot be provided online.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I had some financial trouble and wan unable to pay rent. I was given a notice of intent to evict if I did not pay.

I was unable to pay so I left within the 3 day window the notice gave, can I be held liable for the remainder of my lease?

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, after materially breaking the lease agreement, the tenant is responsible for the remainder of the lease per the terms of the agreement. However, a landlord generally has a duty to mitigate the damages to the tenant by making reasonable efforts to lease the property to another tenant.... View More

2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: Can my landlord keep my security deposit and 2 months rent even though someone took over my lease and is also paying

I had a 3 year lease, I wanted to get out of my lease after two years and asked my landlord if I could terminate the lease and if he could find someone to take it over. He found someone to take it over the next week, but he said he should be able to keep my $3000 security deposit and that I also... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally a landlord is not able to collect from the old and new tenant. A lease agreement may attempt to provide the penalty for breaching the contract, which could be challenged in court as unreasonable. Landlords generally have a duty to mitigate by finding new tenants. The idea is finding a... View More

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1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I rented a apartment 04/01/2017 paid 800 rent 800 deposit ... Landlord didn't tell me he had a cochroach issue can I sue

I just bought new furniture and put in it ..... he said that he was aware that he had cochroach problem but didn't tell me... I had to leave my apartment for a day when they bug bombed the apartment have chemical all over my new furniture.... The landlord doesn't feel that he should have... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

A rental property for residential purposes must be habitable for human living. A tenant may seek damages for costs related to making the property habitable and the consequences thereof and offset rental costs in proportion that the inhabitability reduced the justified expectations under the lease... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I just bern served a notice of intrntion to evict notice .. Do i have to vacate in 3 days or can i go to court
Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

If you do not vacate in 3 days, the landlord may bring an eviction (forcible detainer in legal speak) hearing. During such a hearing, each party will have the opportunity to argue their side. See North Dakota Century Code 47-32. Note that this is general legal information and should not be... View More

2 Answers | Asked in Internet Law, Consumer Law and Landlord - Tenant for North Dakota on
Q: AD FOR RENT AT $500 WHEN I CALL PROPERTY OWNER THEY SAY NO ITS $600. CLAIMS DOESNT MATTER WHAT AD SAYS.

WOULD THIS FALL UNDER FALSE ADVERTISING IN NORTH DAKOTA?

Lucas Wynne
Lucas Wynne
answered on Nov 5, 2017

I'd let this one go. If I advertise bananas are $1 and you come to my store and they are $1.50, I was not necessarily obligated to continue to offer the advertised price.

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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

There are no children involved. There was never any agreement for rent etc. He had a mild stroke about a month ago. He needs help with some chores and taking care of the pets. I have no other home and all my belongings are here. I left my teaching job to be with him. Towards the end of the school... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can apartments make you get rid of a therapy dog that 2 of your dr's think you need and you have a medical papework?
Lucas Wynne
Lucas Wynne
answered on Jul 24, 2017

Believe it or not, I have run into this problem being faced by my clients quite frequently in the past. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. Landlords must agree to a reasonable accommodation request if the disability... View More

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