N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-26
Double letting of room prohibited.
Operative Text
47-16-26. Double letting of room prohibited.
One who rents part of a room for a dwelling is entitled to the whole of the room,
notwithstanding any agreement to the contrary. If a landlord rents a room as a dwelling for more
than one family, the person to whom the landlord first rents any part of it is entitled to the
possession of the whole room for the term agreed upon. Every tenant in the building under the
same landlord is relieved from all obligation to pay rent to the landlord while such double letting
of any room continues.North Dakota law under N.D.C.C. § 47-16-26 prohibits a landlord from renting the same room to more than one family or from subdividing a room so that a tenant receives only a portion of it. When a room is rented as a dwelling, the first tenant to rent any part of that room holds the right to the entire room for the agreed term. As a further consequence, every tenant in the same building under the same landlord is released from any obligation to pay rent for as long as the unlawful double-letting continues.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-26, compliant property operators ensure that each room designated as a dwelling is leased to only one family or household at a time, and that no portion of a room is separately rented to a second party. Operators generally maintain clear records of lease start dates so that the first-in-time tenant's right to the whole room is never in dispute. Because a violation of this provision can trigger a rent-payment suspension for every tenant in the building under the same landlord, careful lease management and unit-by-unit occupancy tracking are practices associated with compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-26 gives tenants meaningful protections when a landlord improperly rents the same room to more than one family: the first tenant to have rented any part of that room holds the right to the entire room for the full agreed term, regardless of any conflicting agreement. Beyond that, every tenant in the building under the same landlord may be relieved of the obligation to pay rent for as long as the double-letting continues. Tenants who believe this provision has been violated may consider documenting the situation, contacting a local tenant-rights organization, or consulting with a housing attorney to understand the enforcement paths available to them.
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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