THIS LEASE AGREEMENT hereinafter known as the "Lease" is made and entered into
this ____ day of _______________________, 20____, by and between the Landlord known
as _______________________ with a mailing address ___________________________________
in the City of _______________________, State of North Dakota hereinafter known as the
"Landlord" and the Tenant(s) known as ____________________, ____________________,
____________________, ____________________, hereinafter known as the "Tenant(s)" for
and in consideration of the covenants and obligations contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
PROPERTY. Landlord owns property and improvements located at _________________
City of _______________________, State of North Dakota (hereinafter referred to as the
"Property"). Landlord desires to lease the Property to Tenant upon the terms and
conditions contained herein. Tenant desires to lease the Property from Landlord
upon the terms and conditions contained herein.
LEASE TERM. This Lease shall commence on ____ day of _______________________,
20____, and end on ____ day of _______________________, 20____, at 11:59 PM local time
(hereinafter referred to as the “Term”). Upon the end of the Term, Tenant shall be
required to vacate the Property unless one of the following circumstances occur:
A. Landlord and Tenant formally extend this Lease in writing or create and
execute a new, written and signed Lease; Or
B. Landlord willingly accepts new Rent from Tenant, which does not constitute
past due Rent. In the event that Landlord accepts new rent from Tenant after
the termination date, a month-to-month tenancy shall be created. If at any
time either party desires to terminate the month-to-month tenancy, such
party may do so by providing to the other party written notice of intention to
terminate at least ____ days prior to the desired date or the minimum time
period required by the State, whichever is less. Notices to terminate may be
given on any calendar day, irrespective of the commencement date. Rent
shall continue at the rate specified in this Lease, or as allowed by law. All other
terms and conditions as outlined in this Lease shall remain in full force and
RENT. Tenant shall pay to Landlord the sum of $____________ per month (hereinafter
referred to as “Rent”) for the Term of the Lease. The due date for Rent payment shall
be the ____ day of each calendar month and shall be considered an advance
payment for that month (hereinafter referred to as the “Due Date”). Weekends and
holidays do not delay or excuse Tenant’s obligation to pay Rent on time.
A. Late Rent. If Rent is not paid within ____ days of the Due Date, the Rent shall
be considered past due and a late fee of $____________ or ____ % of the
Rent past due shall be applied for every day Rent is late occurrence Rent
is late.
B. Returned Checks. In the event that any payment by Tenant is returned for
insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay
$____________ to Landlord for each such check, plus late Rent penalties, as
described above, until Landlord has received payment.
C. Order in which Funds are Applied. The landlord will apply all funds received
from Tenant first to any non-rent obligations of Tenant, including late charges,
returned check charges, charge-backs for repairs, brokerage fees, and
periodic utilities, then to Rent, regardless of any notations on a check.
D. Rent Increases. There will be no rent increases through the Term of the
Lease. If this Lease is renewed automatically on a month-to-month basis,
Landlord may increase the rent during the renewal period by providing
written notice to Tenant that becomes effective the month following the ____
day after the notice is provided.
SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deposit with
Landlord the sum of $____________ (hereinafter referred to as the “Security Deposit”)
receipt of which is hereby acknowledged by Landlord, as security for any damage
caused to the Property during the term hereof. The landlord may place the Security
Deposit in an interest-bearing account and any interest earned will be paid to
A. Refunds. Upon termination of the tenancy, all funds held by the landlord as a
Security Deposit may be applied to the payment of accrued rent and the
number of damages that the landlord has suffered by reason of the tenant's
noncompliance with the terms of this Lease or with any and all laws,
ordinances, rules, and orders of any and all governmental authorities affecting
the cleanliness, use, occupancy, and preservation of the Property.
B. Deductions. The landlord may deduct reasonable charges from the Security
Deposit for unpaid rent; late charges; costs of reletting, if Tenant is in default;
unpaid utilities; replacing unreturned keys, garage door openers, or other
devices; costs of cleaning and repairing the Property and its contents for
which tenant is responsible; pet violations; removal of unauthorized locks or
fixtures; removing abandoned or illegally parked vehicles; attorney fees and
costs of court incurred in any proceeding against Tenant. If deductions exceed
the Security Deposit, Tenant will pay Landlord the excess amount within ten
(10) days after Landlord makes written demand. The Security Deposit will be
applied first to any non-rent items, including late charges, returned check
charges, repairs, brokerage fees, and periodic utilities, then to any unpaid rent.
C. Return. The Landlord shall return the Security Deposit to the Tenant within
the requirements within the State or sixty (60) days from the end of the Term,
whichever is less.
USE OF PROPERTY. The Property shall be used and occupied solely by Tenant and
Tenant's immediate family, consisting of only the following named person(s):
and to be used exclusively as a private single-family dwelling, and no part of the
Property shall be used at any time during the term of this Lease by Tenant for the
purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single-family dwelling. Tenant shall not allow any
other person, other than Tenant's immediate family or transient relatives and friends
who are guests of Tenant, to use or occupy the Property without first obtaining
Landlord's written consent to such use. Tenant shall comply with any and all laws,
ordinances, rules, and orders of any and all governmental authorities affecting the
cleanliness, use, occupancy, and preservation of the Property.
CONDITION. Tenant stipulates, represents, and warrants that Tenant has examined
the Property and that they are at the time of this Lease in good order, repair, and in a
safe, clean, and tenantable condition.
ASSIGNMENT. Under this Lease:
Subletting Not Allowed. Tenant shall not assign this Lease or sublet or grant any
license to use the Property or any part thereof without the prior written consent of
the Landlord. A consent by Landlord to one such assignment, sub-letting, or license
shall not be deemed to be a consent to any subsequent assignment, sub-letting, or
license. An assignment, sub-letting, or license without the prior written consent of
Landlord or an assignment or subletting by operation of law shall be absolutely null
and void and shall, at Landlord's option, terminate this Lease.
Subletting Allowed. Tenant shall have the right to sublet and grant a license to
other individuals to use the Property or any part thereof without the prior written
consent of the Landlord. In the event the Tenant shall sublet the Property, notice
shall be given to the Landlord within ____ days of the SubTenant(s) name and
address. In the event the SubTenant(s) violates any portion of this Lease, all liability
shall be held against the Tenant.
RIGHT OF ENTRY. The Landlord shall have the right to enter the Property during
normal working hours by providing at least ____ hours notice in order for inspection,
make necessary repairs, alterations or improvements, to supply services as agreed or
for any reasonable purpose. The Landlord may exhibit the Property to prospective
purchasers, mortgagees, or lessees upon reasonable notice.
ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
building or improvements on the Property or construct any building or make any
other improvements on the Property without the prior written consent of Landlord.
Any and all alterations, changes, and/or improvements built, constructed, or placed
on the Property by Tenant shall, unless otherwise provided by written agreement
between Landlord and Tenant, be and become the property of Landlord and remain
on the property at the expiration or earlier termination of this Lease.
NON-DELIVERY OF POSSESSION. In the event, the Landlord cannot deliver
possession of the Property to Tenant upon the commencement of the Lease term,
through no fault of Landlord, then Landlord shall have no liability, but the rental
herein provided shall abate until possession is given. Landlord shall have ____ days in
which to give possession and, if possession is tendered within such time, Tenant
agrees to accept the demised Property and pay the rental herein provided from that
date. In the event, possession cannot be delivered within such time, through no fault
of Landlord, then this Lease and all rights hereunder shall terminate.
HAZARDOUS MATERIALS. Tenant shall not keep on the Property any item of a
dangerous, flammable or explosive nature that might unreasonably increase the
danger of fire or explosion on the Property or that might be considered hazardous or
extra hazardous by any responsible insurance company.
UTILITIES. The Landlord shall provide the following utilities and services to the
Tenant(s): _____________________________________________________________________. Any
other utilities or services not mentioned will be the responsibility of the Tenant(s).
MAINTENANCE, REPAIR, AND RULES. The tenant will, at its sole expense, keep and
maintain the Property and appurtenances in a good and sanitary condition and
repair during the term of this Lease and any renewal thereof. The Tenant shall:
A. Not obstruct the driveways, sidewalks, entryways, stairs and/or halls, which
shall be used for the purposes of entering and exiting
B. Keep all windows, glass, window coverings, doors, locks, and hardware in
good, clean order and repair
C. Not obstruct or cover the windows or doors
D. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or
E. Not cause or permit any locks or hooks to be placed upon any door or window
without the prior written consent of Landlord
F. Keep all air conditioning filters clean
G. Keep all bathrooms, sinks, toilets, and all other water and plumbing apparatus
in good order and repair
H. Tenant's and guests shall at all times maintain order in the Property and at all
places on the Property, and shall not make or permit any loud or improper
noises, or otherwise, disturb other residents
I. Deposit all trash in the locations provided
J. Abide by and be bound by any and all rules and regulations affecting the
Property or the common area by the Condominium or Homeowners'
Association having control over them
PETS. Under this Lease:
Pets Allowed. The Tenant shall be allowed to have ____ pet(s) on the Property
consisting of Dogs Cats Fish Other _______________________ not weighing
more than ____ pounds. The Landlord shall administer a fee of $____________ per
pet on the Property. Landlord shall be held harmless in the event any of the Tenant’s
pets cause harm, injury, death, or sickness to another individual or animal. Tenant is
responsible and liable for any damage or required cleaning to the Property caused
by any authorized or unauthorized animal and for all costs Landlord may incur in
removing or causing any animal to be removed.
Pets Not Allowed. There shall be no animals permitted on the Property or in any
common areas UNLESS said pet is legally allowed under the law in regard to
assistance with a disability. Pets shall include, but not be limited to, any mammal,
reptile, bird, fish, rodents, or insects on the Property.
QUIET ENJOYMENT. Upon payment of all sums referred to herein as being payable
by Tenant and Tenant's performance of all Tenant's agreements contained herein
and Tenant's observance of all rules and regulations, Tenant shall and may
peacefully and quietly have, hold, and enjoy said Property for the term hereof.
INDEMNIFICATION. Landlord shall not be liable for any injury to the tenant, tenant’s
family, guests, or employees or to any person entering the Property and shall not be
liable for any damage to the building in which the Property is located or to goods or
equipment, or to the structure or equipment of the structure in which the Property
is located, and Tenant hereby agrees to indemnify, defend, and hold Landlord
harmless from any and all claims or assertions of every kind and nature.
DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief provided by
law. If Tenant fails to comply with any of the material provisions of this Lease, other
than the covenant to pay rent or of any present rules and regulations, or any that
may be hereafter prescribed by Landlord, or materially fails to comply with any
duties imposed on Tenant by statute, Landlord may terminate this Lease ____ days
after delivery of written notice by Landlord specifying the noncompliance and
indicating the intention of Landlord to terminate the Lease by reason thereof. If
Tenant fails to pay rent when due and the default continues for ____ days thereafter,
Landlord may, at Landlord's option, declare the entire balance of rent payable
hereunder to be immediately due and payable and may exercise any and all rights
and remedies available to Landlord at law or in equity or may immediately terminate
this Lease.
ABANDONMENT. If at any time during the Term of this Lease Tenant abandons the
Property or any part thereof, Landlord may, at Landlord's option, obtain possession
of the Property in the manner provided by law, and without becoming liable to
Tenant for damages or for any payment of any kind whatsoever. The landlord may, at
Landlord's discretion, as agent for Tenant, relet the Property, or any part thereof, for
the whole or any part of the then unexpired term, and may receive and collect all
rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable
for any difference between the rent that would have been payable under this Lease
during the balance of the unexpired term, if this Lease had continued in force, and
the net rent for such period realized by Landlord by means of such reletting. If the
Landlord's right of reentry is exercised following the abandonment of the Property
by Tenant, then Landlord shall consider any personal property belonging to Tenant
and left on the Property to also have been abandoned, in which case Landlord may
dispose of all such personal property in any manner Landlord shall deem proper and
Landlord is hereby relieved of all liability for doing so.
ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney
to enforce any of the conditions or covenants hereof, including the collection of
rentals or gaining possession of the Property, Tenant agrees to pay all expenses so
incurred, including reasonable attorneys' fee.
COMPLIANCE WITH LAW. The Tenant(s) agrees that during the term of the Lease,
to promptly comply with any present and future laws, ordinances, orders, rules,
regulations, and requirements of the Federal, State, County, City, and Municipal
government or any of their departments, bureaus, boards, commissions, and officials
thereof with respect to the Property, or the use or occupancy thereof, whether said
compliance shall be ordered or directed to or against the Tenant(s), the Landlord, or
SEVERABILITY. If any provision of this Lease or the application thereof shall, for any
reason and to any extent, be invalid or unenforceable, the remainder of this Lease or
the application of the provision to other persons, entities, or
circumstances shall be affected thereby, but instead shall be enforced to the
maximum extent permitted by law.
BINDING EFFECT. The covenants, obligations, and conditions herein contained shall
be binding on and inure to the benefit of the heirs, legal representatives, and assigns
of the parties hereto.
MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Lease shall not be modified, changed,
altered, or amended in any way except through a written amendment signed by all
of the parties hereto.
NOTICE. Any notice required or permitted under this Lease or under state law shall
be delivered to Tenant at the Property address, and to Landlord at the following
address: ___________________________________________________________________________.
PARKING. The Landlord:
Shall provide ____ parking space(s) to the Tenant(s) for a fee of $____ to be paid
at the execution of this Lease on a monthly basis in addition to the rent. The
parking space(s) are described as: ____________________.
Shall not provide parking.
Shall have the right to terminate this Lease at any time by providing at least ____
days’ written notice to the Landlord along with an early termination fee of $____.
During the notice period for termination, the Tenant(s) will remain responsible for
the payment of rent.
Shall not have the right to terminate this Lease.
SMOKING POLICY. Smoking on the Property is:
Permitted in the following areas: ____________________.
Prohibited on the Property.
DISPUTES. If a dispute arises during or after the term of this Lease between the
Landlord and Tenant(s), they shall agree to hold negotiations amongst themselves,
in "good faith", before any litigation.
RETALIATION. The Landlord is prohibited from making any type of retaliatory acts
against the Tenant(s) including but not limited to restricting access to the Property,
decreasing or canceling services or utilities, failure to repair appliances or fixtures, or
any other type of activity that could be considered unjustified.
EQUAL HOUSING. If the Tenant(s) possesses any mental or physical impairment, the
Landlord shall provide reasonable modifications to the Property unless the
modifications would be too difficult or expensive for the Landlord to provide. Any
impairment(s) of the Tenant(s) are encouraged to be provided and presented to the
Landlord in writing in order to seek the most appropriate route for providing the
modifications to the Property.
PROPERTY DEEMED UNINHABITABLE. If the Property is deemed uninhabitable
due to damage beyond reasonable repair the Tenant(s) will be able to terminate this
Lease by written notice to the Landlord. If said damage was due to the negligence of
the Tenant(s), the Tenant(s) shall be liable to the Landlord for all repairs and for the
loss of income due to restoring the property back to a livable condition in addition to
any other losses that can be proved by the Landlord.
LEAD-BASED PAINT DISCLOSURE. If the Property was constructed prior to 1978,
Tenant acknowledges receipt of the form entitled “LEAD-BASED PAINT
DISCLOSURE” which contains disclosure of information on lead-based paint and/or
lead-based paint hazards.
ENTIRE AGREEMENT. This Lease and, if any, attached documents are the complete
agreement between the Landlord and Tenant concerning the Property and the total
building facilities. There are no oral agreements, understandings, promises, or
representations between the landlord and tenant affecting this Lease. All prior
negotiations and understandings, if any, between the parties hereto with respect to
the Property and the total building facilities shall be of no force or effect and shall
not be used to interpret this Lease.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease in
multiple originals as of the undersigned date(s).
Landlord’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
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The following disclosures or addendums are either required for some or all
residential lease agreements in North Dakota.
1. Move-In Checklist - for all rental units.
2. Lead Based Paint Disclosure - for rental units built prior to 1978.
INVENTORY CHECKLIST FOR __________________________________________
You should complete one checklist, noting the condition of the rental property, and
return it to the landlord after obtaining possession of the rental unit. You should
keep a copy for your records. You must notify the landlord in writing after you move
of a forwarding address where you can be reached and where you will receive mail;
otherwise your landlord shall be relieved of sending you an itemized list of damages
and the penalties adherent to that failure.
Landlord’s name and address __________________________________________
Security deposit deposited at __________________________________________
Name(s) of the tenant(s) __________________________________________
Move-In Date:
-Out Date:
Range & oven
Range hood & fan
Sink & counter
Garbage disposal
Light fixture
Walls/ceiling & paint
Curtains or draperies
Windows & screens
Plumbing fixtures
Air conditioner
Windows & screens
Walls/ceiling & paint
Curtains or draperies
Light fixture
Air conditioner
Windows & screens
Walls/ceiling & paint
TV cord & adaptor
Curtains or draperies
Light fixture
Sink & counter
Medicine cabinet
Vent fan
Ceramic tile
Light fixture
Walls/ceiling & paint
Curtains or draperies
Windows & screens
Light fixture
Walls/ceiling paint
Curtains or draperies
Windows & screens
Light fixture
Walls/ceiling paint
Curtains or draperies
Walls/ceiling & paint
Walls/ceiling & paint
Walls/ceiling & paint
Gas company
Electric company
Water & sewer
Tenant acknowledges a copy of two Inventory checklists and a signed copy of the
Lease for Premises located at _______________________________________________________
TENANT __________________________________ DATE ___________________
TENANT __________________________________ DATE MAILED ________________________
FORWARDING ADDRESS ___________________________________________________________
Security Deposit
Rental arrearage
Rent due for premature termination of the lease
by the tenant
The tenant’s utility bills not paid by the tenant
Damages to property and estimated cost of
(if charges are less than credits,
the tenant is entitled to receive this amount) $ __________________
(if credits are less than charges, the tenant owes this
additional amount to the landlord) $ __________________
You must respond to this notice by mail after receipt of same;
otherwise you will forfeit the amount claimed for damages.
Housing built before 1978 may contain lead-based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is
especially harmful to young children and pregnant women. Before renting pre-1978
housing, lessors must disclose the presence of known lead-based paint and/or lead-
based paint hazards in the dwelling. Lessees must also receive a federally approved
pamphlet on lead poisoning prevention.
Lessor’s Disclosure
a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii)
i) ______ Known lead-based paint and/or lead-based paint hazards are
present in the housing (explain).
ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based
paint hazards in the housing.
b) Records and reports available to the lessor (check (i) or (ii) below):
i) ______ Lessor has provided the lessee with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the
housing (list documents below).
ii) _____ Lessor has no reports or records pertaining to lead-based paint
and/or lead-based paint hazards in the housing.
Lessee’s Acknowledgment (initial)
c) ________ Lessee has received copies of all information listed above.
d) ________ Lessee has received the pamphlet Protect Your Family from Lead in Your
Agent’s Acknowledgment (initial)
e) ________ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C.
4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and accurate.
________________________________ ________________________________
Lessor Date Lessor Date
________________________________ ________________________________
Lessee Date Lessee Date
________________________________ ________________________________
Agent Date Agent Date