N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-18
When lease of real property is terminated by death.
Operative Text
47-16-18. When lease of real property is terminated by death.
Only a lease of real property which is terminable at the pleasure of one of the parties to the
contract is terminated by the notice to one party of the death or incapacity of the other party to
contract. Upon the death of a lessee of real property for residential purposes, however, and at
the option of any surviving lessee or of the estate of the decedent, the lease terminates on the
last day of the month in the month following the death of the lessee unless the lease term
expires before that time.Under N.D.C.C. § 47-16-18, the death of a party to a lease does not automatically end most leases of real property — only leases that were already terminable at will by either party can be ended simply by notifying the other party of a death or incapacity. A special rule applies to residential leases: when a lessee dies, the surviving lessee or the deceased lessee's estate has the option to terminate the lease on the last day of the month following the month of death, unless the lease term itself expires even sooner. This provision gives the estate or surviving co-lessee a defined, limited window to exit the tenancy rather than remaining bound by the full remaining lease term.
Plain English — not legal advice.
Residential property owners and managers operating under N.D.C.C. § 47-16-18 should be aware that a deceased tenant's estate or any surviving co-lessee holds an option — not an obligation — to end the tenancy on the last day of the month following the month of death. Compliant operators typically maintain clear records of all named lessees and establish a process for receiving and documenting notice from an estate representative or surviving co-lessee who exercises this option. Operators generally also review whether the existing lease term expires before that statutory end date, since the earlier date would control.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.D.C.C. § 47-16-18, if you are a surviving co-lessee or the representative of a deceased tenant's estate, you have the option to terminate a residential lease on the last day of the month following the month of the tenant's death, rather than being held to the remainder of the lease term. This right belongs to the estate or surviving lessee — it is not automatic, so exercising it typically involves notifying the landlord of the death and the intent to terminate. Tenant-rights organizations in North Dakota can help explain how this option works in practice and what documentation landlords may reasonably request.
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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