N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-17.1
Termination due to domestic abuse.
Operative Text
47-16-17.1. Termination due to domestic abuse.
1. A tenant to a residential lease who is a victim of domestic violence as defined in
section 14-07.1-01 or fears imminent domestic violence against the tenant or the
tenant's minor children if the tenant or the tenant's minor children remain in the leased
premises may terminate a lease agreement, as provided in this section, without
penalty or liability.
2. The tenant must provide advance written notice to the landlord stating:
a. The tenant fears imminent domestic violence from a person named in a court
order, an order prohibiting contact, or a civil protection order under chapter
14-07.7, or other record filed with a court;
b. The tenant needs to terminate the tenancy; and
c. The specific date the tenancy will terminate.
3. The notice must be delivered by mail, facsimile communication, or in person before the
termination of the tenancy.
4. A landlord may not disclose information provided to the landlord by a tenant
documenting domestic violence under this section. The information may not be
entered into any shared database or provided to any person, but may be used as
evidence in an eviction proceeding, in a claim for unpaid rent or damages arising out
of the tenancy, or as otherwise required by law.
5. A tenant terminating a lease under this section is responsible for the rent payment for
the full month in which the tenancy terminates and an additional amount equal to one
month's rent, subject to the landlord's duty to mitigate. The tenant is relieved of any
other contractual obligation for payment of rent or any other charges for the remaining
term of the lease, except as provided in this section.
6. This section does not affect a tenant's liability for delinquent, unpaid rent, or other
amounts owed to the landlord before the lease was terminated by the tenant under this
section.
7. The tenancy terminates, including the right of possession of the premises, on the
termination date stated in the notice under subsection 2. The amount equal to one
month's rent must be paid on or before the termination of the tenancy for the tenant to
be relieved of the contractual obligations for the remaining term of the lease as
provided in this section.
8. For purposes of this section, timing for the payment of the lessee's security deposit
under section 47-16-07.1 is triggered by either of the following:
a. If the only tenant, including the tenant's minor children, is the tenant who is the
victim of domestic violence, upon the first day of the month following the date the
tenant vacates the premises.
b. If there are additional tenants bound by the lease, upon the expiration of the
lease.
9. Notwithstanding the release of a tenant from a lease agreement under this section, the
tenancy continues for any remaining tenants.
10. A person may not refuse to rent, refuse to negotiate for the rental of, or in any other
manner make unavailable or deny a dwelling to an individual, or otherwise retaliate in
the rental of a dwelling solely because a tenant or applicant or a household member of
the tenant or applicant exercised the right to terminate a lease under this section.
11. In an action for a violation of this section, the court may award statutory damages of
one thousand dollars. The court also may award actual damages, reasonable
attorney's fees, costs, and disbursements.Under N.D.C.C. § 47-16-17.1, a residential tenant who is a victim of domestic violence—or who fears imminent domestic violence against themselves or their minor children—may end a lease early without the usual penalties. To do so, the tenant must give the landlord written notice identifying the relevant court order, the intent to terminate, and the specific termination date. The tenant remains responsible for rent through the termination month plus one additional month's rent, but is released from all other remaining lease obligations, subject to the landlord's duty to mitigate. Landlords are prohibited from disclosing the tenant's domestic-violence documentation and from retaliating against anyone who exercises this right.
Plain English — not legal advice.
Under § 47-16-17.1, compliant operators treat any domestic-violence documentation received from a tenant as strictly confidential—keeping it out of shared databases and limiting its use to legally permitted purposes such as eviction proceedings or unpaid-rent claims. When a qualifying notice is received, operators generally confirm the stated termination date, collect the required one-month additional payment on or before that date, and handle the security deposit on the timeline the statute specifies. Operators also take care not to refuse to rent or otherwise retaliate against applicants or tenants who have exercised rights under this section, as violations can result in statutory damages of $1,000 plus actual damages and attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-17.1 gives residential tenants who are domestic-violence victims—or who fear imminent violence against themselves or their minor children—the right to exit a lease early without standard penalties. To use this right, a tenant generally provides written notice to the landlord that references a qualifying court order, states the need to terminate, and names a specific end date. Tenants who believe a landlord has violated the confidentiality or anti-retaliation provisions of this section may have grounds to seek statutory damages of $1,000 plus actual damages and attorney's fees through the courts; tenant-rights organizations can help identify available 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
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Rules and statutes cited by this regulation
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