N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-06
When a lease is presumed renewed.
Operative Text
47-16-06. When a lease is presumed renewed.
If a lessee of real property remains in possession of the real property after the expiration of
the lease and the lessor accepts rent from the lessee, the parties are presumed to have
renewed the lease on the same terms and for the same time, not exceeding one year. Except in
the case of a lease with an automatic renewal clause, if a lessee of real property for residential
purposes remains in possession of the property after the expiration of the lease and the lessor
accepts rent from the lessee, the parties are presumed to have renewed the lease as a
month-to-month tenancy.Under North Dakota law at N.D.C.C. § 47-16-06, when a tenant stays in a rental property after their lease ends and the landlord accepts rent, the law presumes the lease has been automatically renewed under the same terms. For most residential leases, that renewal is treated as a month-to-month tenancy rather than a full-term renewal, unless the original lease contained an automatic renewal clause. This presumption applies to both parties equally and can affect the rights and obligations of landlords and tenants going forward.
Plain English — not legal advice.
Property owners and managers operating under N.D.C.C. § 47-16-06 generally take care to avoid accepting rent payments from a holdover tenant when they do not intend to renew the tenancy, since doing so triggers a legal presumption of renewal. For residential properties, compliant operators typically communicate clearly in writing before lease expiration about whether the tenancy will continue, and on what terms. Being aware of whether the original lease contains an automatic renewal clause is also part of standard lease administration, as that clause affects how § 47-16-06 applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.D.C.C. § 47-16-06, residential tenants who remain in their unit after a lease ends and whose landlord accepts rent generally have the protection of a presumed month-to-month renewal on the same lease terms. This means a landlord cannot simply treat a holdover tenant as a trespasser if they have accepted rent, as the law recognizes a continuing tenancy. Tenants who believe this provision is relevant to their situation may find it useful to consult a tenant-rights organization or legal aid service familiar with North Dakota housing law for general information about how this rule operates.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation