North Dakota Deceased Tenant Lease Election and Estate Coordination Packet
NORTH DAKOTA DECEASED TENANT LEASE ELECTION AND ESTATE COORDINATION PACKET
Before use: Confirm a residential real-property lease, the actual term, and who may exercise the § 47-16-18 option. The death of a lessee does not alone exercise the surviving lessee's or estate's residential option. The estate or a surviving lessee may elect the statutory end date: the last day of the month after the month of death, unless the lease term ends earlier. The section separately discusses notice of death or incapacity for a lease terminable at a party's pleasure. Keep that separate route and any lease terms under review. Property ownership, possession and deposit payment require their own records.
Threshold and authority record
| Issue | Document or answer |
|---|---|
| Dwelling, landlord and deceased lessee | [ADDRESS / NAMES] |
| Death and proof | [DATE / DOCUMENT] |
| Written or oral residential lease | [COPY / PARTIES / TERM / RENT] |
| Existing lease end date | [DATE / TERM DOCUMENT] |
| Surviving lessee(s) | [NAMES / LEASE BASIS / NONE] |
| Estate personal representative or other authorized estate actor | [NAME / APPOINTMENT OR AUTHORITY DOCUMENT / PENDING] |
| Other occupants or property claimants | [NAMES / DOCUMENTS / UNRESOLVED] |
| § 47-16-18 election actor | ☐ Surviving lessee ☐ Estate acting through authorized signer |
| Statutory date and earlier lease-expiration check | [LAST DAY OF MONTH FOLLOWING DEATH / EARLIER TERM END / RESULT] |
| Existing notice, case, agreement or order | [DOCUMENT / DATE / STATUS / NONE] |
A. Surviving lessee or estate's lease-election notice
Date: [__/__/____] To landlord: [NAME / ADDRESS] Dwelling: [ADDRESS]
[DECEASED LESSEE NAME] died on [DATE]. I am [NAME], acting as ☐ a surviving lessee under the lease ☐ [CAPACITY] for the decedent's estate. My basis to make this election is [LEASE / APPOINTMENT / OTHER DOCUMENT], enclosed as [ATTACHMENT]. Any other surviving lessees known to me are [NAMES / NONE / STATUS UNKNOWN].
I elect the residential lease-termination option in N.D.C.C. § 47-16-18. The last day of the month following the death is [DATE]. The existing lease term ends [DATE / UNKNOWN]. The earlier applicable termination date is [DATE], subject to correction if the lease or death-date record differs. Please acknowledge this election, identify any disputed term or date, and provide the rent and deposit account.
The proposed possession and key handoff is [DATE / TIME / CONTACT / TO BE ARRANGED]. Personal property remains subject to separate ownership and access arrangements. This notice does not transfer property, waive a claim, or authorize the landlord to dispose of belongings. Correspondence and deposit-accounting address: [ADDRESS / ESTATE CONTACT]. The proper deposit payee will be supported by [DOCUMENT / TO BE CONFIRMED].
Electing person: ______________________________ Capacity: [CAPACITY] Date: [__/__/____]
Delivery and enclosures: [METHOD / DATE / PROOF / LEASE / DEATH / AUTHORITY]
B. Landlord's acknowledgment and account response
Date: [__/__/____] To: [ELECTING PERSON / ADDRESS] Dwelling: [ADDRESS]
I received the § 47-16-18 election on [DATE]. The lease in our records identifies [PARTIES], its stated term ends [DATE], and the reported death date is [DATE]. I ☐ acknowledge the proposed termination date of [DATE] ☐ identify this issue for correction or review: [LEASE TERM / DEATH DATE / AUTHORITY / OTHER DOCUMENT]. Any separate claim about a lease terminable at a party's pleasure is [NONE / DOCUMENT AND BASIS].
The current account reflects rent through [DATE], charges of [ITEMIZED AMOUNTS], payments or prepaid rent of [AMOUNTS], and a security deposit of [AMOUNT]. Supporting records are [ENCLOSED / AVAILABLE AT]. A possession and key handoff is proposed for [DATE / TIME / CONTACT]. Known personal property or other occupants are [DESCRIPTION / NAMES]; access and release will be arranged only with a person whose authority is established.
The deposit and any itemization will be addressed under § 47-16-07.1(3) after the required termination and delivery-of-possession facts are known. Payee and mailing details require [DOCUMENT / ADDRESS / REVIEW]. This acknowledgment does not decide title to any belongings or make an abandonment finding.
Landlord or agent: ______________________________ Title: [TITLE] Date: [__/__/____]
Delivery and enclosures: [METHOD / DATE / ACCOUNT / LEASE]
C. Possession, belongings and deposit record
| Matter | Agreed fact or unresolved question |
|---|---|
| Election, signer and supporting authority | [DATE / DOCUMENT / NAME / CAPACITY] |
| Death, following-month end and lease expiration | [DATES / EARLIER APPLICABLE DATE] |
| Keys and possession delivered | [DATE / TIME / PERSON / ITEMS / PROOF / PENDING] |
| Rent, charges and prepaid amounts | [ITEM / PERIOD / AMOUNT / DISPUTE] |
| Belongings, claims and requested access | [INVENTORY / CLAIMANT / AUTHORITY / PLAN] |
| Separate court case or property-disposition basis | [CASE / ORDER / STATUTORY FACTS / NONE] |
| Deposit deductions, evidence and itemization | [AMOUNT / BASIS / PHOTOS / ACCOUNT] |
| Deposit notice, address and lawful payee | [DATE / LAST ADDRESS FURNISHED / PERSON / AUTHORITY] |
Under § 47-16-07.1(3), the landlord's written deposit itemization and amount due follow both lease termination and delivery of possession; record both dates before calculating the thirty-day deadline. Section 47-16-30.1 has its own value, vacancy and time conditions for property left in a dwelling. Death or this lease election alone does not satisfy those conditions.
Actual handoff, if authorized: [DATE / TIME / AUTHORITY / KEYS AND ITEMS DELIVERED]. Property remaining: [DESCRIPTION]. Signatures record only the handoff stated here and do not approve any unlisted entry, removal, sale or disposal.
Surviving lessee or estate actor: ____________________ Capacity: [CAPACITY]
Landlord or agent: ____________________ Date: [__/__/____]
Official source
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- North Dakota
- Category
- Landlord & Tenant
Legal authority
- N.D.C.C. § 47-16-18
- N.D.C.C. § 47-16-07.1(3)
- N.D.C.C. § 47-16-30.1
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.D.C.C. § 47-16-18 (checked October 3, 2026): "Only a lease of real property which is terminable at the pleasure of one of the parties to the contract is terminated by the notice to one party of the death or incapacity of the other party to contract."
N.D.C.C. § 47-16-18 (checked October 3, 2026): "Upon the death of a lessee of real property for residential purposes, however, and at the option of any surviving lessee or of the estate of the decedent, the lease terminates on the last day of the month in the month following the death of the lessee unless the lease term expires before that time."
N.D.C.C. § 47-16-07.1(3) (checked October 3, 2026): "Application of any portion of a security deposit not paid to the lessee upon termination of the lease must be itemized by the lessor."
N.D.C.C. § 47-16-07.1(3) (checked October 3, 2026): "Such itemization together with the amount due must be delivered or mailed to the lessee at the last address furnished lessor, along with a written notice within thirty days after termination of the lease and delivery of possession by the lessee."
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