N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-13.5
Mitigation of damages.
Operative Text
47-16-13.5. Mitigation of damages. Any party aggrieved under sections 47-16-13.1 through 47-16-13.6 may recover appropriate damages. However, the aggrieved party has a duty to mitigate damages.
Under N.D.C.C. § 47-16-13.5, any party who suffers harm under the related residential lease provisions (§§ 47-16-13.1 through 47-16-13.6) may seek to recover appropriate damages through legal action. However, the law places an affirmative duty on the injured party to take reasonable steps to reduce or limit those damages rather than allowing losses to accumulate unchecked. This mitigation requirement applies equally to both landlords and tenants who claim to be aggrieved under these sections.
Plain English — not legal advice.
Under § 47-16-13.5, landlords who suffer losses due to a tenant's breach—such as early abandonment of a lease—are generally expected to make reasonable efforts to re-rent the unit rather than simply letting the property sit vacant and claiming the full remaining rent. Compliant operators typically document their re-leasing efforts, including advertising activity and prospective tenant inquiries, to demonstrate that mitigation steps were taken. Failure to make such efforts can reduce the amount a landlord is ultimately able to recover in a damages claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-13.5 recognizes that tenants who are aggrieved under the related lease provisions have the right to seek appropriate damages, but they too carry a duty to take reasonable steps to limit their own losses. If a landlord's conduct causes a tenant financial harm, a tenant who does nothing to reduce those losses may find that a court limits the recoverable amount accordingly. Tenants seeking to understand how this duty applies to their circumstances may benefit from consulting a tenant-rights organization or legal aid service familiar with North Dakota landlord-tenant 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.
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Rules and statutes that cite this regulation