Ending a month-to-month lease in North Dakota: one calendar month in writing

What notice does North Dakota Century Code 47-16-15 require?

Subsection 2 of 47-16-15 says that in tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may end the tenancy by giving at least one calendar month's written notice at any time. The rent is due and payable to and including the date of termination. So a landlord who gives notice on the 15th of a month can name the 15th of the next month, and the tenant owes rent up to and including that day.

A lease can ask the tenant for more notice than the law does. Under subsection 4, a residential lease that makes the tenant give more than one month's notice must state the requirement and give space for the tenant to initial next to it. If the tenant did not initial at signing, the tenant may end the lease on the last day of a month with one calendar month's notice. That rule protects tenants, so draft a longer tenant notice only with the initial line. Subsection 5 adds that a lease converted to monthly under 47-16-06 or 47-16-06.1 may be ended on the last day of a month with at least one calendar month's notice.

How does a tenancy become month to month?

Section 47-16-06 says a lessee who stays after the lease ends, with the lessor accepting rent, is presumed to have renewed on the same terms for the same time, not over a year. For a residential lease without an automatic renewal clause, the presumption is a month-to-month tenancy. Section 47-16-06.1 covers automatic renewal clauses in residential leases of two months or more: the lessor may not enforce one unless the lessee was notified in writing, personally or by first-class mail, of the automatic renewal not less than thirty days before the lease expires. Without that notice the lease expires and its latest terms convert to month-to-month.

What happens after the notice runs out?

If the tenant stays, you use the eviction chapter, 47-32. A lessee who holds over after the lease terminates is a ground for the action (47-32-01(4)), and in those cases three days' written notice of intention to evict must be given before proceedings start (47-32-02). Do not skip that step because the month's notice has already run.

Example a made-up landlord hands a written notice to a month-to-month tenant on Sunday, November 15, 2026, naming Tuesday, December 15, 2026 as the end date. That is one calendar month. The tenant owes rent through December 15. If the tenant stays, the landlord serves the three days' written notice of intention to evict before filing.

• Naming a date less than a calendar month after the notice.
• Forgetting that a lease may set a longer notice period in writing.
• Enforcing an automatic renewal clause without the 30-day written reminder.

What should the notice contain?

The statute asks for written notice and a calendar month. A good notice names the address and tenants, the date the tenancy ends, the rent owed through that date, and where keys go. Sign and date it, and keep proof of delivery. If you are raising rent or changing other terms instead of ending the tenancy, 47-16-07 has its own notice rules for leases, and 47-16-15(3) gives the tenant 25 days' notice to end the lease at the end of the month after you change terms.

Where does DoorKeeping fit?

DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.

Sources

1. North Dakota Century Code 47-16-15, Notice of termination of lease (North Dakota Legislative Branch), read Oct 30, 2026
2. North Dakota Century Code 47-16-06 and 47-16-06.1, Presumed renewal; automatic renewal notice (North Dakota Legislative Branch), read Oct 30, 2026
3. North Dakota Century Code 47-32-01 and 47-32-02, Eviction (North Dakota Legislative Branch), read Oct 30, 2026

Questions

How much notice ends a month-to-month lease in North Dakota?

At least one calendar month's written notice, unless the parties agreed in writing to something longer (47-16-15(2)).

When does a North Dakota tenancy turn month to month?

When a residential tenant stays after the lease and the landlord accepts rent (47-16-06), or an automatic renewal clause is not backed by a 30-day written notice (47-16-06.1).

Is more notice needed before an eviction case in North Dakota?

Yes. Three days' written notice of intention to evict is required before proceedings for a holdover (47-32-02).