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ND Month to Month Lease Termination

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Latest post Thu, Apr 28 2016 11:57 AM by ca19lawyer2. 5 replies.
  • Sun, Dec 19 2010 10:17 PM

    • DougJr
      Consumer
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    • Joined on Mon, Dec 20 2010
    • ND
    • Posts 1

    ND Month to Month Lease Termination

    Hello All,

    I signed a 12 month townhouse lease in Fargo, ND on September 1st, 2009.  After the 12 months, the lease went into a month to month status.  On my rental agreement, I initialed a "60 Day Notice to Terminate Lease" which my landlord says applies even on a month to month basis.  I am trying to confirm if this is the case, or if 30 days notice is sufficient in ND once the lease goes month to month.  Based on what I've found online, if I'm reading it correctly, 30 days may be sufficient in my case:

    "After August 1, 2007 if the term lease is going to convert on a month-to-month basis, the landlord will no longer be allowed to require 60 days notice to terminate from the resident, even if the resident initialed such language. In other words, if you have a one year lease that will expire on July 31, 2007 and the resident remains in possession, the lease will be presumed to convert on a month-to-month basis, and it can be terminated by 30 days calendar notice from either party."

    Can anyone confirm if 60 days notice is required in my situation or is 30 days sufficient?  Since my landlord says 60 days is still required, how should I approach it?  

    If you require any additional info, please let me know.  I certainly appreciate the help!

    Thanks

    Doug

  • Mon, Dec 20 2010 12:29 AM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: ND Month to Month Lease Termination

    Once the lease expired all terms contained in thge lease also expired. The lease is now a month to month governed by the appropriate laws of your state.

  • Mon, Dec 20 2010 12:50 AM In reply to

    Re: ND Month to Month Lease Termination

    DougJr:

    Can anyone confirm if 60 days notice is required in my situation or is 30 days sufficient?  Since my landlord says 60 days is still required, how should I approach it?  

    It's not 30 days and it's not 60 days.

    The statute refers to "month" not days and it seems clear from the statute that one month notice is required after the lease converts to month-to-month.

    See 47-16-15 at:

    http://law.justia.com/northdakota/codes/2009/t47/pdf/t47c16.pdf

    But make sure you also read 47-16-06 and 47-16-06.1 at the same link. Then check your lease for an automatic renewal provision. There might be a "gotcha" in there.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Dec 20 2010 8:09 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: ND Month to Month Lease Termination

    There is a very likely 3d possibility as well--go read your lease---often at the end of a 1 year lease or whatever the lease does NOT expire but continues on a monthly basis under such terms as are otherwise set forth in the lease. Its good proactice for a LL to  continue his terms into a hold over.

    My leases are pretty clear that 2 full months is required from either side , even into holdover periods



  • Thu, Apr 28 2016 9:51 AM In reply to

    • Dawn Ann
      Consumer
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    • Joined on Thu, Apr 28 2016
    • CA
    • Posts 1

    Re: ND Month to Month Lease Termination

    Know the law regarding ND 1-year automatic renewal lease clause and 60 day termination notice. RE: A similar situation with a Grand Forks apartment rental business: Initially requires a new tenant to sign a 1-year automatic-renewal lease clause and initial a 60-day required termination notice for that 1 year. I, also, as parent of my nearly 22yo daughter (RN at that time as now), was told that I had to sign as a tenant, and I was present at both move-in and move-out (for cleaning and assuring the condition of the unit). The manager refused to do any signing upon move-out walk-thru and completed no condition of the property checklist. When my daughter gave 1 month notice that she was moving after living there 2 yrs 8 mos (no renewal of 1 year lease notice ever of any kind whatsoever, she was told she owed lots of money (various rent amounts for breaking a lease and then for breaking 60 day initialling). This company, also, told her new landlord in another state that she was breaking a lease for which she proved otherwise. ND LAW CHAPTER 47-16-06.1 LEASING OF REAL PROPERTY 47-16-06.1. Automatic renewal of leases of residential real property - When notice required. Notwithstanding the provisions of section 47-16-06, in any lease of a specified term of two months or more of real property used for residential purposes, the lessor may not enforce an automatic renewal clause of a lease unless the lessor has notified the lessee in writing, delivered personally or by first-class mail, of the automatic renewal provision, not less than thirty days prior to the expiration date of the current lease. If such notice has not been given, the lease expires, and the terms of the latest lease convert to a month-to-month tenancy, for which ND law provides for only one month termination notice. NOTICE TO TERMINATE LEASE- 60 DAY NOTICE Requirement: Where an advance 60 day notice to end or renew the tenancy is specified in the lease, the landlord must provide a space for the resident to initial next to the notice requirement. If that notice requirement is not initialed by the resident, the lease can be terminated by either party with at least one calendar months notice to take effect on the last day of the month.If a Month-to-Month lease from the inception requires a 60 day notice to terminate, that termination clause must be also initialed by the resident.After August 1, 2007, if the term lease is going to convert on a Month-to-Month basis, the landlord will no longer be allowed to require 60 days notice to terminate from the resident, even if the resident initialed such language. Again look up the law by searching "North Dakota Landlord Tenant Law Automatic Renewal Clause 60 Day Termination Not Enforceable," info easily found online, before doing business with such rental companies. See this link for my collection of info on the subject: https://www.keepandshare.com/photo/518313/north-dakota-landlord-tenant-law-automatic-renewal-clause-60-day-termination-not-enforceable?ifr=y

  • Thu, Apr 28 2016 11:57 AM In reply to

    Re: ND Month to Month Lease Termination

    This thread has been dormant over five years.  Why on Earth did you resurrect it?

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