N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-30
Remedies against assignees of lessee.
Operative Text
47-16-30. Remedies against assignees of lessee.
Whatever remedies the lessor of any real property has against the lessor's immediate
lessee for the breach of an agreement in the lease or for recovery of the possession, the lessor
also has against the assignees of the lessee for any claim for relief accruing while they are such
assignees, except when the assignment is made by way of security for a loan and is not
accompanied by possession of the premises.North Dakota law under N.D.C.C. § 47-16-30 establishes that a landlord's legal remedies against an original tenant extend equally to anyone who has been assigned that tenant's lease, as long as the claim arises during the period of the assignment. This means an assignee who takes over a lease steps into the original tenant's shoes for purposes of landlord enforcement actions, including breach of lease terms or recovery of possession. One important exception applies: if the assignment was made purely as collateral security for a loan and the assignee never actually took possession of the property, the landlord's remedies do not reach that assignee.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-30, property owners and managers generally treat an assignee of a lease with the same legal standing as the original lessee when it comes to enforcing lease obligations or pursuing possession. Compliant operators typically document lease assignments carefully, noting the date the assignment takes effect and whether the assignee has taken physical possession, since those facts determine the scope of available remedies. Operators also commonly track which claims for relief arose during the assignee's period of occupancy, as the statute limits remedies against assignees to claims accruing while they hold that status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you have taken an assignment of a lease in North Dakota, N.D.C.C. § 47-16-30 means a landlord can pursue the same remedies against you that would have been available against the original tenant, but only for issues that arise during your time as assignee. Tenants in this situation may want to review the terms of the original lease carefully, since those obligations carry over through the assignment. If you believe a landlord is asserting claims that predate your assignment or that fall under the security-interest exception, tenant-rights organizations or a legal aid office can help you understand the general enforcement paths available, such as raising the statutory limitation as a defense in any proceeding.
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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