North Dakota 3 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property

North Dakota - Termination of Leases

Eviction - Lessee liable for rent during term of lease:

A lessee evicted according to law is liable for rent during the remainder of the term of the lease. However, this section does not relieve the landlord of the duty to mitigate damages. Sec. 47-16-13.7.

When a lease of real property terminates: The leasing of real property terminates:

1. At the end of the term agreed upon;

2. By the mutual consent of the parties;

3. By the lessee's acquiring title to the property leased superior to that of the lessor; or

4. By the destruction of the property leased. Sec. 47-16-14.

Notice of termination of lease:

A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in section 47-16-06 at the end of the term implied by law, unless one of the parties gives notice to the other of an intention to terminate the lease, at least as long before the expiration of the lease as the term of the hiring itself, not exceeding thirty days. In tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate the tenancy by giving at least thirty days' written notice at any time. The rent is due and payable to and including the date of termination. If a landlord changes the terms of the lease pursuant to section 47-16-07, the tenant may terminate the lease at the end of the month by giving at least twenty-five days' notice. Sec. 47-16-15.

When lessor may terminate lease:

The lessor of real property may terminate the lease and reclaim such property before the end of the term agreed upon when the lessee:

1. Uses or permits a use of the property leased in a manner contrary to the agreement of the parties; or

2. Does not make such repairs as the lessee is bound to make within a reasonable time after a request is made.

Sec. 47-16-16.

CHAPTER 33-06 - EVICTION

When eviction maintainable: An action of eviction to recover the possession of real estate is maintainable in the proper district court when:

1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same.

2. A party, after entering peaceably upon real property, turns out by force, threats, or menacing conduct the party in possession.

3. A party, by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.

4. A lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the lessee's term, or fails to pay rent for three days after the rent is due.