N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-17
When lessee may terminate lease.
Operative Text
47-16-17. When lessee may terminate lease.
The lessee of real property may terminate the lease before the end of the term agreed
upon:
1. When the lessor does not fulfill the lessor's obligations, if any, within a reasonable time
after request, as to placing and securing the lessee in the quiet possession of the
property leased, or putting it into a good condition, or repairing it; or
2. When the greater part of the property leased, or that part which was, and which the
lessor had reason to believe was, the material inducement to the lessee to enter into
the contract, perishes from any cause other than the ordinary negligence of the lessee.North Dakota law under N.D.C.C. § 47-16-17 identifies two circumstances in which a tenant may end a lease before its agreed expiration date. First, if a landlord fails to fulfill obligations—such as delivering quiet possession of the property or making necessary repairs—within a reasonable time after being asked, the lease may be terminated. Second, if the greater part of the leased property, or the portion that was the primary reason the tenant entered the lease, is destroyed or lost through causes other than the tenant's own ordinary negligence, the lease may also be ended early.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-17, compliant property owners generally respond promptly when a tenant requests that the premises be placed in good condition, that repairs be made, or that quiet possession be secured. Operators who document repair requests and their timely responses create a clearer record of fulfilling their obligations under the statute. When significant damage or destruction occurs to the leased premises, landlords typically communicate with tenants about the condition of the property and any steps being taken to address it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-17 gives tenants a statutory basis to terminate a lease early when a landlord does not meet certain obligations within a reasonable time after a request, or when a substantial portion of the property is destroyed through no ordinary fault of the tenant. Tenants who believe these conditions apply often document their requests to the landlord in writing and keep records of the property's condition over time. Consulting a tenant-rights organization or legal aid service familiar with North Dakota landlord-tenant law can help tenants understand what options may be available under this provision.
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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