N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-11
Use of real property for purpose leased - Violation.
Operative Text
47-16-11. Use of real property for purpose leased - Violation.
When real property is leased for a particular purpose, the lessee must not use it for any
other purpose. If the lessee violates the lease in this respect, the lessor may hold the lessee
responsible for the safety of the property during such use in all events or may treat the contract
as rescinded thereby.Under N.D.C.C. § 47-16-11, when a lease designates a specific purpose for the use of real property, the tenant is restricted to that stated purpose and may not use the property for anything else. If the tenant uses the property for an unauthorized purpose, the landlord has two distinct options: hold the tenant strictly responsible for any harm or loss to the property that occurs during that unauthorized use, or treat the lease as having been rescinded (effectively terminated) by the tenant's violation. This provision establishes both a use restriction and a set of remedies available when that restriction is breached.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-11, compliant property owners and managers typically ensure that lease agreements clearly and specifically identify the permitted purpose for which the property is being rented, leaving little ambiguity about what uses are authorized. When a tenant is found to be using the property for an unauthorized purpose, operators generally document the violation carefully, as the statute provides two distinct remedial paths: pursuing the tenant for liability related to the unauthorized use, or treating the lease as rescinded. Landlords operating under this provision often consult with a licensed North Dakota attorney to evaluate which remedy best fits the circumstances before taking action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-11 establishes that a tenant's right to occupy leased property is tied to the specific purpose stated in the lease, meaning use of the property for any other purpose may constitute a lease violation. Tenants who believe a landlord is mischaracterizing their activities as an unauthorized use, or who have questions about what their lease's stated purpose actually permits, may benefit from reviewing their lease terms carefully and reaching out to a tenant-rights organization in North Dakota for general guidance. If a landlord attempts to rescind a lease or hold a tenant liable under this provision, that action may be subject to challenge, and tenants can explore options such as consulting a licensed attorney or contacting a local legal aid organization.
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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