North Dakota Tenant Self-Help Right

State:
Multi-State
Control #:
US-OL13022
Format:
Word; 
PDF
Instant download

Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

Holdover Tenants A holdover tenant situation happens when the tenant remains in the property even after their lease has expired. For a tenant on a month-to-month lease, a landlord must serve them a 30-Day Notice to Quit.

For legal help, contact Legal Services of North Dakota or an attorney in private practice. Small Claims Court forms are available from the ND Supreme Court. File a housing discrimination complaint with the ND Department of Labor.

These legal documents include the date and time of the court hearing, which will be between three and fifteen days later. If the judge decides in the landlord's favor, you will be evicted the same day as the court hearing unless you claim hardship, in which case the judge can give you up to five days to move out.

A North Dakota 30 Day Notice to Vacate is a legal letter written to terminate a periodic tenancy (i.e. week-to-week or month-to-month) or a fixed term rental agreement. The letter is provided at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.

This timeline does not include special cases such as requests for an appeal or continuance. On average, it would take anywhere between 1 month to 2 months for a complete North Dakota eviction process. Give your tenant a written notice prior to the eviction process. Make sure no mistakes were made in the filing process.

In North Dakota, you cannot withhold rent for any reason. If a landlord fails to make repairs, the tenant does have the right to repair and deduct. This is where the tenant will pay for repairs and deduct that cost from their next rent payment.

Landlord Responsibilities: A landlord may enter the property at any time if there is an emergency, or at reasonable times to repair, inspect or show the property. A landlord may not lock the tenant out, cut off the utilities, or confiscate tenant's belongings.

Steps in the Eviction Process. Step One: Service of 3 Day Notice of Intention to Evict. Required for some grounds (reasons). ... Step Two: Service of Eviction Summons and Complaint. ... Step Three: Prepare for the Eviction Hearing. ... Step Four: Attend the Eviction Hearing. ... Step Five: After the Eviction Hearing.

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North Dakota Tenant Self-Help Right