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Early Lease Termination Laws in North Dakota

In North Dakota, a domestic violence victim can end a residential lease early with advance written notice, owing rent for the final month plus one extra month, and landlords have a statutory duty to mitigate damages.

Last checked . General information, not legal advice.

North Dakota at a glance

Domestic violence victims
Yes, with advance written notice
Tenant pays rent for the month the tenancy ends plus one more month's rent, subject to the landlord's duty to mitigate.
Landlord must re-rent
Yes, by statute
Under N.D. Cent. Code 47-16-13.7, an evicted lessee stays liable for rent for the rest of the term, but the landlord keeps the duty to mitigate damages.

Sources

Last checked

The rules in North Dakota

Can domestic violence or sexual assault victims end a lease early in North Dakota?

Yes, with advance written notice. Domestic violence victims in North Dakota: yes, with advance written notice. Tenant pays rent for the month the tenancy ends plus one more month's rent, subject to the landlord's duty to mitigate.

Does a landlord in North Dakota have to try to re-rent the unit after a tenant leaves early?

Yes, by statute. Landlord must re-rent in North Dakota: yes, by statute. Under N.D. Cent. Code 47-16-13.7, an evicted lessee stays liable for rent for the rest of the term, but the landlord keeps the duty to mitigate damages.

Where do the North Dakota early lease termination laws come from?

The rules above come from N.D. Cent. Code 47-16-17.1, N.D. Cent. Code 47-16-13.5 and N.D. Cent. Code 47-16-13.7. Each source is linked on this page. We last checked them in October 2026.

Good to know

The notice must name the date the tenancy will end and state that the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order or other court record.

What this means in practice

Read the lease first. Many leases contain an early termination clause, a buyout fee or a sublease option that may be easier to use than a statutory right. A statutory right usually applies even if the lease says nothing about it, and a lease generally cannot waive it.

Statutory early termination rights usually come with conditions. Common ones are written notice to the landlord, a minimum notice period, and proof such as a protective order, police report, military orders or a doctor's statement. Keep copies of everything you send and note the date and method of delivery.

If you leave without a statutory right, you may still owe rent until the unit is re-rented or the lease ends. Where a landlord has a duty to mitigate, it must make reasonable efforts to find a new tenant, and the amount you owe is reduced by rent the landlord collects or reasonably could have collected. Returning keys and documenting the condition of the unit can help limit disputes.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.