This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
North Dakota Addressing Holdover Tenancy in a Lease
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US-OL24031
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How to fill out Addressing Holdover Tenancy In A Lease?
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FAQ
Landlords in North Dakota can end a month-to-month tenancy without legal cause with a 30-day written notice.
A North Dakota month-to-month rental agreement is a lease that continues with no end date until either the landlord or tenant decides to terminate by giving thirty (30) days' notice.
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.
In tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate the tenancy by giving at least one calendar month's written notice at any time. The rent is due and payable to and including the date of termination.
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.
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.
