N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-28
Succession to rights in real property or rent transfers.
Operative Text
47-16-28. Succession to rights in real property or rent transfers.
A person to whom any real property is transferred or devised upon which rent has been
reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery
of rent, for nonperformance of any of the terms of the lease or for any waste or cause of
forfeiture as that person's grantor or devisor might have had.Section 47-16-28 of the North Dakota Century Code establishes that when real property — or the right to collect rent on that property — is transferred or passed through a will, the new owner or recipient steps into the legal shoes of the previous owner. This means the incoming party inherits the same legal remedies that were available to the original landlord, including the ability to pursue claims for unpaid rent, lease violations, waste, or grounds for forfeiture. The transfer of the property or rent interest carries with it the full set of enforcement rights that existed before the transfer.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-28, operators who acquire rental property — whether by purchase, gift, or inheritance — should understand that they inherit the prior owner's legal standing to enforce existing lease terms. This includes the ability to pursue remedies for rent that was owed before or after the transfer, for tenant breaches of lease conditions, and for waste or forfeiture events that may have originated under the prior owner. Compliant operators typically document the transfer carefully and review any outstanding lease obligations or disputes at the time of acquisition to ensure continuity of enforcement rights.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-28 means that when a rental property changes hands — through a sale, gift, or inheritance — the new owner has the same legal authority to enforce the lease and pursue remedies as the previous owner did. Tenants should be aware that a change in ownership does not extinguish existing lease obligations or reset the landlord's ability to act on prior lease violations or unpaid rent. Tenants who have questions about how a property transfer affects their rights may benefit from consulting a tenant-rights organization or reviewing their lease terms in light of 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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