N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-01

Leasing of real property - Definition.

In Force
Verified 10/28/2026 · Next check 11/4/2026
North DakotaLease Requirements

Operative Text

N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-01
    47-16-01. Leasing of real property - Definition.
    Leasing is a contract by which one gives to another the temporary possession and use of
real property for reward and the latter agrees to return such possession to the former at a future
time.
Source: Legislative text reproduced verbatim
Plain English

Section 47-16-01 of the North Dakota Century Code establishes the foundational legal definition of a lease for real property. Under this provision, a lease is a contract in which one party temporarily transfers possession and use of real property to another party in exchange for compensation, with the receiving party obligated to return that possession at a future point. This definition sets the conceptual framework for the broader body of landlord-tenant law found throughout N.D.C.C. §§ 47-16-01 through 47-16-42.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Section 47-16-01 establishes that a landlord-tenant relationship in North Dakota is grounded in a contractual exchange: the property owner grants temporary possession and use of real property in return for compensation. Operators who document this arrangement in a written lease agreement create a clear record of the terms under which possession is granted and the point at which it is to be returned. Understanding this foundational definition helps property managers recognize that the entire lease relationship — including rights, duties, and remedies — flows from this contractual framework under N.D.C.C. §§ 47-16-01 through 47-16-42.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under N.D.C.C. § 47-16-01, a tenant's right to occupy a rental property is rooted in a contract that grants temporary possession and use of real property in exchange for payment. This means a tenant holds a legally recognized possessory interest in the property for the duration of the lease term, not merely a license to be present. Tenants who believe their possessory rights have been interfered with may find it useful to review the broader protections available throughout N.D.C.C. §§ 47-16-01 through 47-16-42 or to consult a tenant-rights organization familiar with North Dakota law.

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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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.D.C.C. § 47-16-06
N.D.C.C. § 47-16-07.5
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-06
N.D.C.C. § 47-16-07
N.D.C.C. § 47-16-06.1
N.D.C.C. § 47-16-07.1

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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