N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-09
Ordinary care must be exercised by lessee.
Operative Text
47-16-09. Ordinary care must be exercised by lessee.
The lessee of real property must use ordinary care to preserve such property in safety and
to keep it in good condition.Section 47-16-09 of the North Dakota Century Code establishes that a person who leases real property bears a general duty to treat that property with ordinary care — meaning the kind of care a reasonable person would exercise — to keep it safe and in good condition. The rule does not impose a heightened standard of perfection, but it does hold lessees accountable for neglect or careless use that results in damage or deterioration beyond normal wear. This provision applies broadly to residential and other real property leases governed by N.D.C.C. §§ 47-16-01 through 47-16-42.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-09, compliant landlords typically document the condition of a rental unit at move-in and move-out, creating a clear baseline against which ordinary care can be measured. Property owners and managers generally retain records of inspections, repair requests, and communications that may reflect whether a tenant met the ordinary-care standard during the tenancy. When damage beyond normal wear and tear is identified, operators commonly reference this provision as part of the process for assessing responsibility and applying security deposit deductions in accordance with North Dakota law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-09 describes a tenant's general duty to use ordinary care with the leased property — a standard that does not require perfection but does distinguish between normal wear and tear and damage caused by careless or neglectful use. Tenants who understand this standard are generally better positioned to document the property's condition at move-in and throughout the tenancy, which can be relevant if a dispute arises over security deposit deductions or damage claims. Tenant-rights organizations in North Dakota can help renters understand how this ordinary-care standard interacts with other provisions in N.D.C.C. §§ 47-16-01 through 47-16-42.
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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