North Dakota Tenant's Intent to Accept Lifetime Lease

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Multi-State
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US-03368BG
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Description

A life lease can be for the life of the tenant, for a specific term (e.g. 50 years), and some have no specified termination date. Under a life lease, a tenant pays an entrance fee for a rental unit. The tenant also pays rent each month to cover maintenance and other expenses. They then have exclusive use of their suite, shared use of all common areas and facilities, and other benefits. Majority of life lease communities are developed and owned by non-profit organizations, charitable groups, service clubs or religious institutions.


Properly structured, the life lease form of ownership offers similar protection to freehold ownership. For example, the life lease can be registered on title to the property the same as a deed can be registered on a condominium or detached house. When a resident leaves or passes away, the lease usually can be sold to someone on the sponsors waiting list or on the open market, or transferred back to the developments sponsoring organization. Some life lease agreements permit the interest to be passed to the residents family through their will. Conditions of this right of transfer are determined by the non-profit organization that establishes the life lease project. Most non-profit organizations, in consultation with the residents, restrict who can live in the building to ensure that the integrity of the community is maintained. Often the life lease project maintains a waiting list of applicants, who meet the entrance criteria for the housing community, and have first option to purchase the life lease.

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FAQ

What do the protections mean for North Dakota renters? Since there are no state-level protections in North Dakota, then for renters: Your landlord can still give you a Notice of Intention to Evict. Your landlord can still file an eviction claim in court against you, and you can get a Summons for Eviction.

Life tenants cannot sell the property (since they don't own it), and neither can they leave it to anyone in their own wills.

Yes, you can kick someone out of your house in North Dakota; however, if they paid rent to you, or performed other services around your home for the privilege of living there, you may be required to follow the legal eviction process and obtain a court order to remove them.

It is common knowledge that on expiry of a lease, it is the duty of the lessee to hand-over vacant and peaceful possession of the property to the lessor. The expression 'holding over' applies to cases where a lessee retains possession even after expiry of the initial lease term.

Below are the individual steps of the eviction process in North Dakota.Step 1: Notice is Posted.Step 2: Complaint is Filed and Served.Step 3: Court Hearing and Judgment.Step 4: Writ of Execution is Issued.Step 5: Possession of Property is Returned.

According to North Dakota eviction law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not breach any rules, they can stay until their lease period ends. Often, the landlord may not want to renew the tenant's lease.

A lease for life is a lifetime tenancy agreement between the new or current owner of a property and a tenant who wants to lease the property until they pass away. They are often exercised by investors who are looking for a long term capital growth investment as the property itself may not be income-producing.

Fixed term tenancies can be for any length of term agreed between the landlord and the tenant to suit their circumstances (up to seven years) - longer fixed terms can often provide security to landlords and tenants.

A lifetime tenancy means that a person holding one - a life tenant - has the right to live in their property indefinitely until death but may not normally sell or pass on any interest in the property beyond the time of their death.

What do the protections mean for North Dakota renters? Since there are no state-level protections in North Dakota, then for renters: Your landlord can still give you a Notice of Intention to Evict. Your landlord can still file an eviction claim in court against you, and you can get a Summons for Eviction.

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North Dakota Tenant's Intent to Accept Lifetime Lease