N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-05
Lease of realty presumed for one year.
Operative Text
47-16-05. Lease of realty presumed for one year.
A lease of real property, other than lodgings, in places where there is no usage on the
subject, is presumed to be for one year from its commencement, unless otherwise expressed in
the lease.Under N.D.C.C. § 47-16-05, when a lease of real property (excluding lodgings) is silent on its duration and there is no local custom addressing the matter, the law presumes the lease runs for one year from the date it begins. This default rule fills in the gap when the parties have not specified a term. The presumption can be overcome if the lease itself states a different duration.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-05, when a rental agreement for real property does not specify a lease term, North Dakota law presumes a one-year tenancy by default. Operators who intend a different arrangement—month-to-month, multi-year, or otherwise—generally ensure that the lease document expressly states the intended duration. Clear written terms in the lease help avoid ambiguity about when the tenancy begins and ends.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-05 establishes that a lease of real property with no stated term is presumed to last one year from its start date, which can provide tenants with a degree of occupancy stability even when a written term was never spelled out. Tenants who are uncertain about the duration of their tenancy may want to review their lease documents carefully to see whether a term is expressed. Tenant-rights organizations in North Dakota can help explain how this presumption may apply to a particular rental situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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