3 Day Notice to Pay Rent or Lease Terminates for Residential 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:
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.