N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-21
When proportionate part of lease paid by lessee.
Operative Text
47-16-21. When proportionate part of lease paid by lessee.
When the leasing of real property is terminated before the time originally agreed upon, the
lessee must pay the due proportion of the lease for such use as the lessee actually has made of
the property unless such use is merely nominal and of no benefit to the lessee.Section 47-16-21 of the North Dakota Century Code addresses what happens to rent obligations when a lease of real property ends earlier than its original term. Under this rule, a tenant who terminates early owes rent proportional to the actual use they made of the property — but if that use was purely nominal and provided no real benefit to the tenant, no payment is owed. The provision essentially ties the financial obligation to meaningful occupancy rather than to the calendar term of the lease.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-21, a landlord whose lease is terminated early is generally entitled to collect rent covering the period during which the tenant actually and meaningfully used the property. Compliant operators typically document move-in and move-out dates carefully, as the proportionate amount owed hinges on demonstrable use rather than the full lease term. Keeping records of occupancy, key returns, and any communications about early termination helps establish the factual basis for calculating what is owed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-21 establishes that a tenant who ends a lease early is not automatically on the hook for the entire remaining term — the obligation is limited to a fair share of rent reflecting actual, beneficial use of the property. If a tenant's presence was so brief or inconsequential as to provide no real benefit, the provision suggests no payment may be due at all. Tenants who believe a landlord is seeking more than a proportionate amount may find it useful to consult a tenant-rights organization or review how North Dakota courts have interpreted 'nominal use' under this section.
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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