North Dakota Landlord - Tenant Questions & Answers

Q: Can I see my landlord for not accepting my Emotional Support Animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
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

Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
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 to do anything, talk to the local states attorney.

Q: I need help with determining if I can get a holding deposit back on an apartment we were denied

2 Answers | Asked in Landlord - Tenant for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 $300.00 was to hold the unit for you. The language and circumstances surrounding any agreement, signed or non, for a "holding deposit" will likely be dispositive, especially any mention of your friend...

Q: can I break a lease due to constant noise ?

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
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 agreements even if it is not mentioned in the lease agreement. It means that the premises must be fit for human habitation. The noise may breach the implied warranty of quiet enjoyment, which is...

Q: How long after termination of lease does a landlord have to present the tenant with the damages bill?

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Feb 24, 2018
Lucas Wynne's answer
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.

Q: Over 6 months ive received 3letters for a non renewal of my lease is this discrimination?

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Dakota on
Answered on Feb 9, 2018
Nicholas Nelson's answer
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 grounds.

This is general legal information, and I am unable to render adequate legal advice without first discussing at length the facts and circumstances regarding the matter. Good luck!

Q: Do I have a legal right if I have two kids to live in our leased twinhome over my spouse?

2 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for North Dakota on
Answered on Dec 18, 2017
Lucas Wynne's answer
You need to call an attorney to address this question. Adequate advice for this issue cannot be provided online.

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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. This is general legal information and should not be relied upon. An attorney must first meet with a potential client to determine all relevant facts before providing adequate legal advice. Good luck!

Q: Can my landlord keep my security deposit and 2 months rent even though someone took over my lease and is also paying

2 Answers | Asked in Landlord - Tenant for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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 new tenant will "mitigate" or "minimize" the damages owed by the original tenant to the landlord after breaching the lease agreement. Know this is general legal information and should not be relied...

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

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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 agreement. Understand that this is general legal information, thus should not be relied upon in your specific situation. An attorney cannot provide adequate legal representation without first...

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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 relied upon in your specific matter. An attorney cannot give adequate legal advice until meeting with the client and discussing all relevant facts related to the specific situation. I hope this helps!

Q: AD FOR RENT AT $500 WHEN I CALL PROPERTY OWNER THEY SAY NO ITS $600. CLAIMS DOESNT MATTER WHAT AD SAYS.

2 Answers | Asked in Internet Law, Consumer Law and Landlord - Tenant for North Dakota on
Answered on Nov 5, 2017
Lucas Wynne's answer
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.

Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Answered on Sep 22, 2017
Lucas Wynne's answer
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.

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?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Answered on Jul 24, 2017
Lucas Wynne's answer
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 claim is true and if the request does not create a hardship on the landlord or other tenants. The difficulty here is arguing whether a hardship is being created on the landlord or other tenants as the...

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