Free North Dakota Room Rental Agreement Template

A North Dakota room rental agreement is the written contract for renting one bedroom in a shared home. Chapter 47-16 of the Century Code governs the leasing of real property, and it contains something most states do not: a section written specifically about renting part of a room.

That section decides a question a room rental agreement might otherwise try to answer for itself, and it decides it regardless of what the agreement says.

The Century Code puts it plainly. One who rents part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary.

The section goes further. If a landlord rents a room as a dwelling for more than one family, the person to whom the landlord first rents any part of it is entitled to possession of the whole room for the term agreed upon. And while such double letting of any room continues, every tenant in the building under the same landlord is relieved from all obligation to pay rent to the landlord.

That last consequence is severe and worth understanding before signing anyone up. A landlord who splits one room between two households does not simply risk a dispute with those two; the rent obligation of every tenant in the building under that landlord is suspended for as long as it continues. The phrase notwithstanding any agreement to the contrary means a clause purporting to permit it does not help.

There is a related presumption on term. Renting lodgings for an unspecified term is presumed to be for the length of time the parties adopt for estimating the rent, so renting at a weekly rate is presumed to be for one week.

Two further duties shape a North Dakota room rental agreement.

A Signed Condition Statement Is Mandatory

A landlord shall provide the tenant with a statement describing the condition of the facilities in and about the premises to be rented at the time of entering a rental agreement. The statement must be agreed to and signed by both landlord and tenant, and it constitutes prima facie proof of the condition of the facilities and the premises at the beginning of the rental agreement.

The Deposit

A landlord requiring a security deposit, however denominated, must deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The deposit may not exceed one month’s rent, with two exceptions: up to two months may be accepted from an individual convicted of a felony offense as an incentive to rent to them, and up to two months may be demanded from an individual who has had a judgment entered against them for violating the terms of a previous rental agreement. A pet deposit for an animal that is not a service or companion animal required as a reasonable accommodation may not exceed the greater of $2,500 or two months’ rent.

Itemization of anything retained, together with the amount due, must be delivered or mailed to the tenant at the last address furnished, with a written notice, within thirty days after termination of the lease and delivery of possession. Interest is not required where the period of occupancy was less than nine months.

Tip: A landlord is liable for treble damages for any deposit money withheld without reasonable justification. Figures are statutory and can change, so confirm the current text before relying on one.

For a North Dakota room rental agreement, the terms worth adding are:

• A clear statement that the room is let to one household, not split
• The signed condition statement, attached to the agreement
• Whether rent is weekly or monthly, given the presumption on term
• The deposit amount and the account it will be held in
• Which areas are shared, and how they are kept