Fargo North Dakota Letter from Tenant to Landlord containing Notice of termination for landlord's noncompliance with possibility to cure

State:
North Dakota
City:
Fargo
Control #:
ND-1031LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State. This is a notice provided by Tenant to Landlord informing Landlord of Tenant's vacating of the premises due to Landlord's breaching of the lease agreement. Landlord has failed to comply with the terms of the lease.

Subject: Notice of Termination for Landlord's Noncompliance — Possibility to Cure Dear [Landlord's Name], I hope this letter finds you well. I am writing to notify you of certain noncompliance issues with the rented premises as outlined in our lease agreement dated [Lease Start Date]. As a tenant residing in Fargo, North Dakota, I believe it is necessary to address these concerns promptly and formally. Under the North Dakota Residential Landlord and Tenant Act, specifically § 47-16-07.1(2), I am entitled to terminate the lease agreement if certain conditions are not met. However, I understand that as a responsible tenant, it is important to provide you with an opportunity to remedy the violations within a reasonable timeframe. The following noncompliance issues require your attention: 1. Maintenance and Repairs: Despite multiple verbal and written requests, the maintenance issues mentioned on [specific date(s)] have not been adequately addressed. These include but are not limited to faulty plumbing, electrical problems, and broken fixtures. These ongoing issues are negatively impacting my quality of life and enjoyment of the property. 2. Health and Safety Concerns: The presence of mold in the bathroom, as evidenced by a professional inspection report conducted on [specific date], poses a potential health hazard and requires immediate remediation. Additionally, the lack of functioning smoke detectors within the premises is a serious safety violation that needs immediate attention. 3. Pest Infestation: Despite notifying you on [specific date], the infestation of pests (such as rodents or insects) within the property persists. This not only violates our lease agreement but also poses risks to my health and safety as a tenant. I request that you take the necessary steps to address and rectify these issues within [reasonable timeframe — suggest 14 calendar days] from the date of this notice. Upon successful resolution, I believe our tenancy can continue with full compliance. However, please be aware that failure to rectify these issues within the specified timeframe or any future noncompliance shall be considered a substantial breach of the lease agreement. In such an event, I may be forced to exercise my right to terminate the lease in accordance with the North Dakota Residential Landlord and Tenant Act, specifically § 47-16-07.1(2)(d). I trust that you will understand the significance of these matters and take immediate action to ensure compliance. Any documentation or invoices related to the repairs and maintenance performed should be shared with me for my records. Please acknowledge receipt of this notice via written correspondence within [reasonable timeframe — suggest 5 calendar days] to maintain a clear chain of communication between us. Thank you for your attention to this matter. I hope we can promptly resolve these issues to mutually benefit both parties involved. Sincerely, [Tenant's Name] [Tenant's Address] [Tenant's City, State, ZIP Code] [Tenant's Phone Number] [Tenant's Email Address] Other potential types of Fargo North Dakota letters from a tenant to a landlord containing a notice of termination for landlord's noncompliance with the possibility to cure may include: 1. Notice of Termination for Landlord's Noncompliance — Unreasonable Delays: This type of letter can be used when the landlord consistently delays repairs or fails to address maintenance issues within a reasonable timeframe, causing inconvenience and frustration for the tenant. 2. Notice of Termination for Landlord's Noncompliance — Breach of Quiet Enjoyment: In the event that the landlord repeatedly fails to address noise disturbances or disruptive neighbors, interfering with the tenant's peaceful enjoyment of the rented premises, this type of letter can be utilized. Please note that the specifics of each noncompliance issue should be tailored to accurately reflect the tenant's situation and ensure compliance with local laws and regulations.

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FAQ

If you have a felony conviction, the landlord can require up to two months' rent for a security deposit. The security deposit and an itemized list of deductions must be returned to you within 30 days of moving out. The landlord can deduct for damages to the property or unpaid rent but not for normal wear and tear.

In North Dakota, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or sale of a rental unit. Even so, proper notice must first be given before ending the tenancy.

What happens at the end of my tenancy? When you leave, if you and your landlord or agent both agree on how much of the deposit you should get back, you should get it back within ten days of agreeing. If your deposit was held in a custodial scheme, you will also receive some interest on the deposit.

A 3-day notice of intention to evict is a document that gives you notice the landlord intends to evict you. The notice may be a letter, or may be a clearly labeled legal document. The 3-day notice of intention to evict isn't an eviction order. Eviction requires a North Dakota State District Court order.

As a tenant in a commercial lease, it is rarely possible to break a lease early without the agreement of your landlord. Therefore, you should consider looking at other options, such as: assignment of the lease; or. subletting the premises.

It all boils down to what is written in your lease and it's important for a landlord to put down the specifics of painting and cleaning of the property in the lease agreement. If this is not in the lease agreement a landlord cannot hold the previous tenant liable for the costs unless the property has been damaged.

Cancelling your existing lease agreement You can cancel your existing lease in terms of the Consumer Protection Act (the CPA), section 14, by giving twenty business days' notice, but ensure this is done in writing, said Seeff. You will be responsible for your rent until your notice period ends.

To break this rental agreement, the tenant must provide their landlord with a one-week written notice. (§ 47-16-15(1)) Month-to-month leases. Unless both the landlord and the tenant agree to a longer notice period, the tenant must provide the landlord with a one-month notice.

A certain amount of wear and tear is unavoidable in rental properties, and normal wear and tear is required to be paid for by the landlord ? but damage is not. Landlords have the right to take action to claim the cost of repairing or replacing their possessions.

If you suspect that your landlord will not return your security deposit, you can also hand over the keys to RERA on the moving out date. The organisation can hold them for you until the payment is made.

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Fargo North Dakota Letter from Tenant to Landlord containing Notice of termination for landlord's noncompliance with possibility to cure