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Locked Out by the Landlord

N.D.C.C. § 47-16-08 — a lease binds the landlord to secure the tenant's quiet possession for its term

An agreement to lease binds the landlord to secure the tenant's quiet possession of the property for the term against everyone lawfully claiming it. Possession is recovered through the eviction action in district court.

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  • The eviction action also lies against anyone who, after entering peaceably, turns out the party in possession by force, threats or menacing conduct.
  • And against anyone who enters another's prior possession by force, intimidation, fraud or stealth and keeps it.
  • A tenant whose landlord does not secure quiet possession within a reasonable time after a request may end the lease.

The code names no money penalty for a lockout, so what a court awards turns on the case. A particular lockout is a question for a licensed North Dakota attorney.

Sources for this section (3)
  1. N.D.C.C. § 47-16-08 — Quiet possession of leased property
  2. N.D.C.C. § 47-32-01 — When eviction maintainable
  3. N.D.C.C. § 47-16-17 — When lessee may terminate lease

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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