N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-08
Quiet possession of leased property.
Operative Text
47-16-08. Quiet possession of leased property.
An agreement to lease real property binds the lessor to secure to the lessee the quiet
possession of such property during the term of the lease against all persons lawfully claiming
the same.Under N.D.C.C. § 47-16-08, when a landlord enters into a lease agreement for real property, that agreement carries an implicit obligation for the landlord to ensure the tenant can occupy and use the property without interference from others who have a lawful claim to it. This covenant of quiet possession runs for the entire duration of the lease term. The rule does not address interference from third parties without legal standing, but focuses on those with legitimate legal claims to the property.
Plain English — not legal advice.
Property owners and managers operating under N.D.C.C. § 47-16-08 generally ensure that their title to the leased property is clear and that no competing legal claims exist that could disrupt a tenant's use and enjoyment of the premises. Compliant operators typically resolve any title disputes, liens, or ownership conflicts before executing a lease, so that the tenant's right to quiet possession is not compromised during the lease term. Landlords who discover a third-party legal claim to the property after a lease is signed generally take steps to address that claim so as not to breach this statutory obligation.
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. § 47-16-08, tenants have a right to quiet possession of their leased property for the full lease term, protected against interference by anyone with a lawful claim to the property. If a tenant's possession is disrupted by a party asserting a legal claim to the property — such as a lienholder or a party with superior title — this provision may provide grounds to raise a breach of the lease as a defense or to pursue a legal remedy. Tenants who believe their quiet possession has been disturbed may wish to document the interference and consult a tenant-rights organization or legal aid service to understand the options available under North Dakota law.
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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