North Dakota Agreed Termination of Lease and Surrender of Premises
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FAQ
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
To break this rental agreement, the tenant must provide their landlord with a one-week written notice. (§ 47-16-15(1)) Month-to-month leases. Unless both the landlord and the tenant agree to a longer notice period, the tenant must provide the landlord with a one-month notice.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
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Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.
North Dakota is generally a landlord-friendly state where landlords can charge whatever they deem reasonable for rent and security deposits.
As a tenant, you can terminate your tenancy (whether fixed-term or periodic) without giving a reason, but you must provide a valid notice of termination to your landlord. In order to be valid, this notice must: Be in writing. Be signed by you.
