NORTH DAKOTA RESIDENTIAL LEASE AGREEMENT

(Court-Ready Master Form – For Attorney Customization)

[// GUIDANCE: This template is drafted for use with residential dwelling units located in the State of North Dakota (“ND”). It integrates ND-specific security-deposit, habitability, and eviction requirements without citing chapter-and-verse statutory sections so as to avoid inadvertent miscitation. Bracketed items must be customized for the particular transaction. Delete all guidance brackets before final execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

RESIDENTIAL LEASE AGREEMENT (the “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE & TYPE OF ENTITY OR INDIVIDUAL], whose notice address is [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], a [STATE & TYPE OF ENTITY OR INDIVIDUAL], whose notice address is [TENANT ADDRESS] (“Tenant”).

Recitals
A. Landlord is the fee owner of the residential real property located at [PROPERTY ADDRESS], together with all buildings, improvements, and appurtenances thereon (collectively, the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, all upon the terms and conditions set forth herein.

Consideration
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

The following capitalized terms shall have the respective meanings set forth below. Defined terms appear alphabetically for ease of reference.

“Additional Rent” – Any monetary obligations of Tenant other than Base Rent, including late fees, utility charges, and other reimbursements.

“Base Rent” – The monthly rental amount specified in Section 3.2.

“Building Codes” – All applicable federal, state, and local building, housing, and health codes in effect from time to time.

“Commencement Date” – The date the Term begins, as specified in Section 3.1(a).

“Essential Services” – Heat, running water, electricity, hot water, and other services required for habitability under ND law.

“Event of Default” – Any of the occurrences enumerated in Section 6.1.

“Lease Year” – Each consecutive twelve-month period commencing on the Commencement Date (or anniversary thereof).

“Premises” – Defined in Recital A.

“Security Deposit” – The amount described in Section 3.3, subject to ND statutory limitations.

“Term” – The period during which Tenant is entitled to occupy the Premises, as set forth in Section 3.1.

3. OPERATIVE PROVISIONS

3.1 Demise; Term

(a) Landlord hereby leases the Premises to Tenant, and Tenant hereby takes the same, for a [FIXED/Month-to-Month] tenancy commencing [COMMENCEMENT DATE] (“Commencement Date”) and ending [EXPIRATION DATE] (the “Term”), unless sooner terminated pursuant hereto or as provided by applicable law.
(b) Holding over without Landlord’s written consent shall create a month-to-month tenancy subject to all terms herein except that Base Rent shall increase to [HOLDOVER RENT – e.g., 125%] of the then-current Base Rent.

3.2 Rent

(a) Base Rent. Tenant shall pay monthly Base Rent of $[AMOUNT] in advance on or before the first (1st) day of each calendar month.
(b) Manner of Payment. All payments shall be made [CHECK/EFT/ONLINE PORTAL] to [PAYEE] at [PAYMENT ADDRESS OR PORTAL], or as Landlord may otherwise direct in writing.
(c) Late Charge. Any Base Rent or Additional Rent not received within [GRACE PERIOD – e.g., 5] days after due shall accrue a late fee of [LATE FEE – e.g., $50 or 5% of unpaid amount, whichever is greater] plus interest at the maximum rate permitted by ND law.
(d) Returned Payments. Tenant shall pay [NSF FEE – e.g., $40] for any payment returned for insufficient funds, plus replacement of the unpaid amount in certified funds.

3.3 Security Deposit

(a) Amount. Upon execution, Tenant shall deposit with Landlord $[SECURITY DEPOSIT AMOUNT], not to exceed one (1) month’s periodic rent (the “Security Deposit”). [// GUIDANCE: ND permits an additional, limited pet deposit; insert here if applicable.]
(b) Segregation & Interest. Landlord shall hold the Security Deposit in a trust or escrow account in accordance with ND landlord-tenant law and, if the tenancy exceeds nine (9) months, shall credit Tenant with lawful interest accruing thereon.
(c) Permitted Deductions. Upon termination, Landlord may apply the Security Deposit to unpaid rent, damages beyond ordinary wear and tear, and reasonable cleaning costs.
(d) Return & Accounting. Landlord shall return any remaining balance, together with an itemized statement of deductions, within thirty (30) days after the later of (i) surrender of the Premises and delivery of the keys by Tenant, or (ii) the date a new tenancy commences. Failure to provide such accounting within the statutory period may expose Landlord to statutory penalties.

3.4 Possession & Condition

(a) Delivery. Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in safe, clean, and habitable condition, compliant with all Building Codes.
(b) Move-In Inspection. Within [INSPECTION PERIOD – e.g., 5] days of the Commencement Date, the parties shall complete and sign a move-in inspection checklist. Failure of Tenant to object in writing within such period constitutes acknowledgment that the Premises are in acceptable condition.

3.5 Use of Premises

(a) Residential Use Only. The Premises shall be used solely as a private residence for [MAX OCCUPANCY] lawful occupants and for no other purpose without Landlord’s prior written consent.
(b) Compliance with Law. Tenant shall comply with all laws, Building Codes, homeowners’ association (if applicable) and Landlord rules.
(c) Nuisance. Tenant shall not create or permit any nuisance, waste, or unreasonable noise that disturbs neighbors’ peaceful enjoyment.

3.6 Utilities & Services

Tenant shall timely pay for all utilities serving the Premises that are separately metered, including [LIST UTILITIES], except [UTILITIES PROVIDED BY LANDLORD] which Landlord shall furnish without additional charge. Interruption of Essential Services attributable to Tenant’s nonpayment shall constitute an Event of Default.

3.7 Maintenance & Repairs

(a) Tenant Obligations. Tenant shall keep the Premises neat and sanitary, promptly notify Landlord of any condition requiring repair, and be responsible for damage caused by Tenant, occupants, or invitees.
(b) Landlord Obligations. Landlord shall maintain the structural elements, plumbing, heating, and other Essential Services in good working order and shall timely remedy any condition rendering the Premises uninhabitable.
(c) Service Request Procedure. Non-emergency maintenance requests shall be submitted in writing to [SERVICE EMAIL/PORTAL]. Emergencies should be reported immediately by telephone to [EMERGENCY NUMBER].

3.8 Habitability Standards

Landlord warrants that the Premises comply with all habitability requirements under ND law, including provision of Essential Services and conformance with Building Codes. Tenant may seek legal remedies, including rent abatement or repair-and-deduct, only after providing Landlord with written notice and a reasonable opportunity (not less than fourteen (14) days unless emergency conditions require sooner action) to cure.

3.9 Alterations

Tenant shall not make any alterations, improvements, or installations (including satellite dishes) without Landlord’s prior written consent, which consent may be conditioned upon restoration, additional deposit, or increased insurance.

3.10 Rules & Regulations

Landlord may promulgate reasonable rules for the safety, care, and cleanliness of the Premises and common areas. Such rules shall become part of this Agreement upon delivery to Tenant, provided they do not materially change Tenant’s obligations or the bargain herein.

3.11 Pets

No animals shall be permitted without Landlord’s prior written consent and payment of any lawful additional deposit. Service and assistance animals are exempt as a matter of law.

3.12 Insurance

Tenant shall obtain and maintain renter’s liability insurance in a minimum amount of [LIABILITY LIMIT – e.g., $100,000] per occurrence, naming Landlord as an additional insured. Failure to maintain such coverage constitutes an Event of Default.

3.13 Quiet Enjoyment

So long as Tenant faithfully performs hereunder, Landlord covenants that Tenant shall peaceably and quietly enjoy the Premises without interference from Landlord or any person lawfully claiming through Landlord.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each party represents and warrants to the other that:
(a) it has full right, power, and authority to enter into and perform its obligations under this Agreement;
(b) the execution and performance of this Agreement do not violate any agreement or court order binding on such party; and
(c) this Agreement constitutes a valid and binding obligation of such party, enforceable in accordance with its terms.

4.2 Landlord Additional Representations. Landlord further represents that:
(a) it is the legal owner or authorized agent of the Premises;
(b) the Premises are not subject to any governmental order requiring vacancy or major repair; and
(c) as of the Commencement Date, the Premises will comply with all applicable Building Codes, zoning ordinances, and habitability standards.

4.3 Tenant Additional Representations. Tenant further represents that:
(a) all information provided in any rental application is materially true and correct;
(b) Tenant’s gross household income equals at least [INCOME MULTIPLE – e.g., 3x] the Base Rent; and
(c) Tenant has not been evicted or sued for rent within the past [YEARS – e.g., 5] years, except as disclosed in writing to Landlord.

4.4 Survival. All representations and warranties shall survive the expiration or earlier termination of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
(a) Pay Rent and perform obligations timely.
(b) Maintain liability insurance pursuant to Section 3.12.
(c) Promptly notify Landlord of any casualty, defect, or condition requiring repair.

5.2 Negative Covenants of Tenant
(a) No unlawful, immoral, or hazardous activities.
(b) No assignment or subletting without Landlord’s prior written consent.
(c) No alteration, installation, or re-keying without consent.
(d) No smoking of any kind in [DESCRIBE AREAS – e.g., interior/common areas] unless Landlord designates a permitted area.

5.3 Landlord Covenants
(a) Maintain habitability and Essential Services.
(b) Provide reasonable notice (not less than twenty-four (24) hours) before entering the Premises, except in emergencies.
(c) Comply with all applicable landlord-tenant laws.

6. DEFAULT & REMEDIES

6.1 Events of Default

The occurrence of any of the following constitutes an “Event of Default”:
1. Nonpayment of Rent. Failure to pay any Rent when due, which remains uncured three (3) days after written notice.
2. Breach of Covenants. Material violation of any covenant herein, which remains uncured [CURE PERIOD – e.g., 14] days after written notice (immediately if the violation materially threatens health, safety, or property).
3. Unlawful Conduct. Use of the Premises for illegal purposes or the commission of waste.
4. Abandonment. Tenant’s absence from the Premises for [ABANDONMENT PERIOD – e.g., 7] consecutive days while in default of Rent.

6.2 Remedies

Upon an Event of Default, Landlord may, subject to ND unlawful-detainer procedures:
(a) Terminate this Agreement by written notice;
(b) Demand and recover possession of the Premises through eviction proceedings;
(c) Accelerate and recover all Rent due for the balance of the Term to the extent permitted by law;
(d) Retain or apply the Security Deposit toward amounts due;
(e) Recover actual damages, including reasonable attorney’s fees, court costs, and interest; and
(f) Pursue any other remedy available at law or equity, including injunctive relief to prevent ongoing violations.

Landlord’s rights and remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Indemnification by Tenant

Tenant shall defend, indemnify, and hold harmless Landlord and Landlord’s agents, employees, and successors (collectively, “Indemnitees”) from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of or related to:
(a) Tenant’s use or occupancy of the Premises;
(b) the acts or omissions of Tenant, occupants, guests, or invitees; and
(c) breach of this Agreement by Tenant,
except to the extent caused by the gross negligence or willful misconduct of Landlord.

7.2 Limitation of Landlord Liability

Landlord shall not be liable for, and Tenant waives all claims against Landlord for, any indirect, consequential, or punitive damages. Landlord’s aggregate liability for direct damages shall not exceed the amount of the Security Deposit actually held by Landlord at the time of the event giving rise to such liability.

7.3 Insurance

Tenant’s insurance under Section 3.12 shall be primary and non-contributory with any insurance carried by Landlord.

7.4 Force Majeure

Neither party shall be liable to the other for failure to perform any obligation (other than the payment of money) to the extent such failure is caused by events beyond the party’s reasonable control, including acts of God, war, terrorism, civil unrest, epidemics, or governmental orders (“Force Majeure”). The affected party shall promptly notify the other and use commercially reasonable efforts to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict-of-laws principles.

8.2 Forum Selection. Any action arising hereunder shall be brought exclusively in the [COUNTY] District Court (housing division, if any) located within the State of North Dakota (“Housing Court”). Each party irrevocably submits to such jurisdiction.

8.3 Arbitration. The parties expressly agree that binding arbitration is excluded; all disputes shall be resolved in the forum specified above.

8.4 Jury Trial. The parties acknowledge that the ND Constitution guarantees the right to a jury trial in eviction and monetary actions; accordingly, no waiver of jury trial is herein made or intended.

8.5 Injunctive Relief. Nothing herein shall limit Landlord’s right to seek immediate injunctive relief, including temporary or permanent orders for eviction or for the protection of persons or property.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision shall be binding unless in a writing signed by both parties. A waiver on one occasion shall not be deemed a waiver on any subsequent occasion.

9.2 Assignment & Subletting. Tenant may not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion except as restricted by applicable law.

9.3 Successors & Assigns. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors, permitted assigns, and legal representatives.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to effectuate the original intent.

9.5 Integration. This Agreement, together with any exhibits, addenda, and written rules delivered to Tenant, constitutes the entire agreement between the parties and supersedes all prior oral or written agreements concerning the Premises.

9.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

9.7 Electronic Signatures. Signatures transmitted electronically or by facsimile shall be deemed original for all purposes.

9.8 Notices. All notices shall be in writing and deemed given when (i) delivered personally, (ii) sent by certified mail, return receipt requested, postage prepaid, or (iii) delivered by nationally recognized overnight courier, addressed to the party at its notice address stated herein (or such other address as designated by notice). E-mail may be used for routine communications but shall not constitute formal notice unless otherwise agreed in writing.

9.9 Lead-Based Paint & Other Disclosures. If the Premises were built prior to 1978, Landlord shall provide Tenant with the federally required Lead-Based Paint Disclosure form. Landlord shall also provide any radon, mold, or methamphetamine disclosures required by ND law. All statutory disclosure forms are incorporated herein by this reference.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.

[// GUIDANCE: Attach any applicable exhibits/addenda, e.g.:
• Exhibit A – Move-In/Move-Out Inspection Checklist
• Exhibit B – Rules & Regulations
• Exhibit C – Lead-Based Paint Disclosure
• Exhibit D – Pet Addendum]

NOTARY ACKNOWLEDGMENT (if required by local practice)

State of ___ )
County of __ )

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ____, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My commission expires: _____

[// GUIDANCE: END OF DOCUMENT]