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North Dakota Landlord - Tenant Questions & Answers

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... Read more »

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... Read more »

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... Read more »

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 for your... Read 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... Read more »

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... Read 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 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... Read more »

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 policy... Read 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 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 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.... Read 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... Read more »

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... Read 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 to give me... Read more »

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... Read 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 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... Read 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 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... Read more »

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 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... Read more »

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