30-Day No-Cause Notice of Termination of Month-to-Month Tenancy - North Dakota

30-DAY NO-CAUSE NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY — NORTH DAKOTA

TABLE OF CONTENTS

1. Notice Caption
2. Recipient and Premises Information
3. Termination of Tenancy
4. Final Rent and Effective Date
5. Move-Out Instructions
6. Security Deposit and Forwarding Address
7. Tenant Notices and Disclosures
8. Federal and Other Statutory Notices
9. Reservation of Rights
10. Signature and Date
11. Proof of Service / Affidavit of Service
12. North Dakota Practice Notes
13. Sources and References

1. NOTICE CAPTION

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY

(N.D.C.C. § 47-16-15 — ONE CALENDAR MONTH'S WRITTEN NOTICE)

STATE OF NORTH DAKOTA — COUNTY OF [________________________________]

2. RECIPIENT AND PREMISES INFORMATION

3. TERMINATION OF TENANCY

YOU AND EACH OF YOU ARE HEREBY NOTIFIED, pursuant to N.D.C.C. § 47-16-15, that the Landlord hereby terminates your month-to-month tenancy of the above-described premises.

The tenancy shall TERMINATE on: [__/__/____] (the "Termination Date"), which is the last day of the calendar month and is at least one (1) full calendar month after service of this Notice.

You are required to QUIT, VACATE, AND DELIVER POSSESSION of the premises to the Landlord on or before the Termination Date, removing all persons and personal property and returning all keys.

This Notice is given WITHOUT CAUSE. No fault, breach, or grievance is alleged against you. The termination is based solely on the Landlord's exercise of statutory rights under N.D.C.C. § 47-16-15.

4. FINAL RENT AND EFFECTIVE DATE

4.1. Rent Through Termination Date. Rent for the period through and including the Termination Date is due and payable in the ordinary course pursuant to the lease. Per N.D.C.C. § 47-16-15, "the rent is due and payable to and including the date of termination."

4.2. No Pro-ration of Final Month. Unless the lease provides otherwise, the full monthly rent for the final month is due. Tenant may not pro-rate.

4.3. Acceptance of Rent. Landlord's acceptance of rent for any period THROUGH the Termination Date does NOT waive this Notice. Acceptance of rent for any period AFTER the Termination Date may, however, create a new month-to-month tenancy.

5. MOVE-OUT INSTRUCTIONS

5.1. Vacate by Termination Date. All occupants and personal property must be removed by 11:59 p.m. on the Termination Date.

5.2. Condition of Premises. The premises shall be returned in the condition in which they were received, reasonable wear and tear excepted, in compliance with Lease § [____] and N.D.C.C. § 47-16-13.

5.3. Move-Out Inspection. ☐ Landlord requests a joint move-out inspection. Available dates and times: [________________________________].

5.4. Key Return. All keys, garage remotes, mail keys, fobs, and access devices must be returned to:

5.5. Holdover. If you remain in possession after the Termination Date, you will be a holdover tenant subject to:

• Daily/monthly use-and-occupancy charges at $[__________] per [day/month];
• Eviction proceedings under N.D.C.C. ch. 47-32 after service of a separate three-day notice; AND
• Liability for all damages, costs, and attorney fees incurred by Landlord.

6. SECURITY DEPOSIT AND FORWARDING ADDRESS

6.1. Statutory Return. Pursuant to N.D.C.C. § 47-16-07.1, Landlord shall return the security deposit, plus an itemized written statement of any deductions, within thirty (30) days after Tenant vacates.

6.2. Permitted Deductions. Deductions are limited to (a) damage to the premises beyond reasonable wear and tear; (b) unpaid rent; (c) cleaning costs to return the unit to its original condition; and (d) other charges authorized by statute.

6.3. Penalty for Wrongful Withholding. Under N.D.C.C. § 47-16-07.3, a landlord who wrongfully withholds may be liable for up to treble (3x) damages plus attorney fees.

6.4. Forwarding Address. Tenant must provide a forwarding address to Landlord:

7. TENANT NOTICES AND DISCLOSURES

7.1. Right to Seek Counsel. Tenant has the right to consult an attorney. Free or reduced-fee legal services may be available through Legal Services of North Dakota (1-800-634-5263) and the North Dakota Supreme Court Self-Help Center (ndcourts.gov/legal-self-help).

7.2. Discrimination Prohibited. This Notice is given for non-discriminatory, non-retaliatory reasons. Discrimination on the basis of race, color, religion, sex, disability, age, familial status, national origin, status with respect to marriage, or receipt of public assistance is prohibited under N.D.C.C. ch. 14-02.5 and the federal Fair Housing Act, 42 U.S.C. § 3601 et seq. Tenant may file a complaint with the North Dakota Department of Labor and Human Rights or HUD.

7.3. Reasonable Accommodation / Modification. Tenants with disabilities may request reasonable accommodation or modification under the Fair Housing Act and N.D.C.C. ch. 14-02.5; submit requests in writing.

7.4. VAWA Protections. Tenants who are victims of domestic violence, dating violence, sexual assault, or stalking may have rights under the Violence Against Women Act, 34 U.S.C. § 12491.

7.5. Public Assistance / Housing Authority. If Tenant receives a Section 8 Housing Choice Voucher, Tenant should immediately notify the housing authority of this Notice. Termination of HCV tenancies generally requires "good cause" — see Section 8 below.

7.6. Eviction Record Sealing. Effective 2025 (S.B. 2238), eviction records may be sealed seven (7) years after satisfaction of judgment if no further evictions intervene; survivors of domestic violence may apply immediately.

8. FEDERAL AND OTHER STATUTORY NOTICES

8.1. CARES Act (15 U.S.C. § 9058). If the premises are a "covered dwelling" (federally backed mortgage; LIHTC/Section 8/USDA/HUD subsidy), thirty (30) days' notice to vacate is required. ☐ This property is a covered dwelling. ☐ This property is NOT a covered dwelling. The thirty (30) day period in this Notice satisfies CARES Act requirements.

8.2. HUD-Subsidized Housing. If the tenancy is subsidized through HUD (Section 8 project-based; HCV/voucher; public housing; LIHTC), federal "good cause" termination requirements apply (24 C.F.R. § 247.3-247.4; § 982.310; § 966.4). A no-cause termination is generally NOT available in such tenancies. Use the appropriate HUD-prescribed termination notice.

8.3. Servicemembers Civil Relief Act. Active-duty servicemembers may have additional protections under the SCRA, 50 U.S.C. § 3951 et seq.

8.4. Bankruptcy. If Tenant has filed for bankruptcy, the automatic stay under 11 U.S.C. § 362 may apply.

9. RESERVATION OF RIGHTS

9.1. No Waiver. Acceptance of rent through the Termination Date does not waive this Notice.

9.2. Cumulative Remedies. Landlord reserves all rights and remedies under the lease, the North Dakota Century Code, and applicable common law.

9.3. Self-Help Prohibited. Landlord acknowledges that self-help eviction (lockout, utility shut-off, removal of belongings) is prohibited; under N.D.C.C. ch. 47-32 (in particular § 47-32-01), an eviction action in district court is the exclusive remedy to recover possession, and treble damages may be available under N.D.C.C. § 32-03-29. Possession may be recovered only by judicial process.

9.4. Eviction Upon Holdover. If Tenant fails to vacate by the Termination Date, Landlord will commence eviction proceedings under N.D.C.C. ch. 47-32 after service of a three-day notice of intention to evict pursuant to N.D.C.C. § 47-32-02.

10. SIGNATURE AND DATE

DATED this [____] day of [________________________________], 20[____].

11. PROOF OF SERVICE / AFFIDAVIT OF SERVICE

STATE OF NORTH DAKOTA, COUNTY OF [________________________________], ss.

I, [________________________________], being first duly sworn upon my oath, depose and state that I am over the age of eighteen (18) years and not a party to this matter. On [__/__/____] at [____:____] ☐ a.m. ☐ p.m., I served the foregoing Notice of Termination upon the above-named Tenant(s) by the following method (check all that apply):

☐ Personal Service — Delivered a true copy directly to [________________________________] at [________________________________].

☐ Substituted Service — Left a true copy at the dwelling with [________________________________], a person of suitable age and discretion residing therein.

☐ U.S. Mail (First-Class, Certified, Return-Receipt Requested) — Mailed a true copy by U.S. Certified Mail to the Tenant's address at [________________________________]. Tracking No.: [________________________________].

☐ Posting and Mailing — Posted a true copy upon the door of the residential unit and mailed a copy by first-class mail to the Tenant's last-known address.

Subscribed and sworn before me this [____] day of [________________________________], 20[____].

_____________________________________
Notary Public — State of North Dakota
My Commission Expires: [__/__/____]

12. NORTH DAKOTA PRACTICE NOTES

12.1. "Calendar Month" Construction. N.D.C.C. § 47-16-15 requires "at least one calendar month's written notice." A "calendar month" runs from the first day to the last day of a named month. Best practice: serve no later than the last day of Month N to terminate the last day of Month N+1.

12.2. No URLTA in North Dakota. Although N.D.C.C. ch. 47-16.1 reserves a URLTA placeholder, it has not been adopted statewide. Local ordinances (Fargo, Bismarck, Grand Forks) may add limited tenant protections — check municipal code.

12.3. No Reason Required — But No Discrimination / No Retaliation. Although the landlord need not state a reason, the termination must not be motivated by a protected characteristic (race, color, religion, sex, disability, age, familial status, national origin, marital status, or public-assistance receipt) or as retaliation for protected activity (fair-housing complaint, code-enforcement complaint, exercise of VAWA rights).

12.4. Subsidized Housing Caveat. HUD-subsidized tenancies require "good cause" termination. A no-cause notice in a Section 8 / HCV / public-housing setting is generally invalid — use the federally prescribed HUD form and ground.

12.5. CARES Act Continued Application. The thirty-day notice provision of 15 U.S.C. § 9058 remains in effect for "covered dwellings" notwithstanding the expiration of the eviction moratorium.

12.6. Eviction After Holdover. If Tenant remains in possession after the Termination Date, the tenancy is terminated; Landlord must (a) serve a three-day notice under § 47-32-02 and (b) file eviction in District Court under ch. 47-32.

12.7. Mobile-Home Parks. Mobile-home tenancies under N.D.C.C. § 47-16-39 et seq. require longer notice (typically sixty (60) days for park-rule violations and other terminations).

12.8. Strict Construction. ND courts strictly construe termination notices. Errors in the termination date, premises description, tenant identification, or service method are fatal.

12.9. Holdover Rent / Use-and-Occupancy. Until eviction judgment, Landlord should bill use-and-occupancy (not "rent") and accept payment with reservation to avoid creating a new tenancy.

13. SOURCES AND REFERENCES

• N.D.C.C. ch. 47-16 (Leasing of Real Property): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-15 (Notice of termination of lease): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-15/
• N.D.C.C. § 47-16-07 (Modification of lease terms): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-07.1 (Security deposit): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-07-1/
• N.D.C.C. § 47-16-13 (Landlord's duty to repair): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-32-01 (Eviction is exclusive judicial remedy — self-help prohibited): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. § 32-03-29 (Treble damages for forcible exclusion): https://ndlegis.gov/cencode/t32c03.pdf
• N.D.C.C. ch. 47-32 (Eviction): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. ch. 14-02.5 (Housing Discrimination Act): https://ndlegis.gov/cencode/t14c02-5.pdf
• N.D. Attorney General Tenant Rights: https://attorneygeneral.nd.gov/consumer-resources/tenant-rights/
• N.D. Courts Eviction Self-Help Center: https://www.ndcourts.gov/legal-self-help/eviction-for-landlords
• CARES Act 30-Day Notice: 15 U.S.C. § 9058
• HUD Section 8 (Project-Based) Termination: 24 C.F.R. §§ 247.3 — 247.4
• HUD Voucher Termination: 24 C.F.R. § 982.310
• HUD Public Housing Termination: 24 C.F.R. § 966.4
• Fair Housing Act: 42 U.S.C. § 3601 et seq.
• VAWA: 34 U.S.C. § 12491
• SCRA: 50 U.S.C. § 3951
• Legal Services of North Dakota: https://www.legalassist.org/

END OF NOTICE