The Lease That Rolls Over
N.D.C.C. § 47-16-06.1 — an automatic renewal clause binds only after written notice at least thirty days before the lease ends
A residential tenant who stays after the lease expires, with the landlord accepting rent, is presumed to have renewed as a month to month tenancy, unless the lease has an automatic renewal clause.
Thirty days' notice of an automatic renewal. For a residential lease of two months or more, a landlord may enforce an automatic renewal clause only after notifying the tenant in writing, in person or by first-class mail, at least thirty days before the lease expires. Without that notice, the lease converts to month to month.
Once a lease converts to month to month, either side may end it on the last day of a month with at least one calendar month's notice.
Sources for this section (3)
- N.D.C.C. § 47-16-06 — When a lease is presumed renewed
- N.D.C.C. § 47-16-06.1 — Automatic renewal of leases of residential real property - When notice required
- N.D.C.C. § 47-16-15 — Notice of termination of 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.