N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-06.1
Automatic renewal of leases of residential real property - When notice required.
Operative Text
47-16-06.1. Automatic renewal of leases of residential real property - When notice
required.
Notwithstanding the provisions of section 47-16-06, in any lease of a specified term of two
months or more of real property used for residential purposes, the lessor may not enforce an
automatic renewal clause of a lease unless the lessor has notified the lessee in writing,
delivered personally or by first-class mail, of the automatic renewal provision, not less than thirty
days prior to the expiration date of the current lease. If such notice has not been given, the
lease expires, and the terms of the latest lease convert to a month-to-month tenancy.North Dakota law under N.D.C.C. § 47-16-06.1 limits when an automatic renewal clause in a residential lease can be enforced. For any residential lease with a fixed term of two months or more, the landlord must provide written notice of the automatic renewal provision to the tenant at least 30 days before the current lease expires, delivered either in person or by first-class mail. If that notice is not given on time, the automatic renewal clause cannot be enforced, and the lease instead converts to a month-to-month tenancy on the same terms as the most recent lease.
Plain English — not legal advice.
Property owners and managers operating under N.D.C.C. § 47-16-06.1 generally maintain a reliable system for tracking lease expiration dates on all residential leases of two months or more. Compliant operators send written notice of any automatic renewal clause to tenants at least 30 days before the lease end date, using personal delivery or first-class mail, and retain documentation confirming that notice was sent. Failing to provide timely notice means the automatic renewal clause becomes unenforceable, and the tenancy automatically shifts to a month-to-month arrangement.
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. § 47-16-06.1, tenants in residential leases of two months or more have a right to receive written notice of any automatic renewal clause at least 30 days before the lease expires, delivered personally or by first-class mail. If a landlord attempts to enforce an automatic renewal without having provided that notice, the lease is generally considered to have converted to a month-to-month tenancy rather than renewed for another fixed term. Tenants who believe this notice requirement was not met may consider raising the issue as a defense in any related legal proceeding or consulting a tenant-rights organization for general information about their options.
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 In
Rules and statutes that cite this regulation