N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-29
Remedies against assignees of lessor.
Operative Text
47-16-29. Remedies against assignees of lessor.
Whatever remedies the lessee of any real property may have against the lessee's
immediate lessor for the breach of any agreement in the lease, the lessee may have against the
assigns of the lessor. The assigns of the lessee may have remedies against the lessor and the
lessor's assigns except upon covenants against encumbrances or relating to the title or
possession of the premises.Section 47-16-29 of the North Dakota Century Code establishes that when a landlord transfers ownership of a rental property to someone else, the tenant's legal remedies for lease violations do not disappear. A tenant retains the same rights against the new owner (the landlord's assignee) that the tenant would have had against the original landlord. Similarly, a tenant who has assigned their lease to another person carries forward most of those same remedies against both the original landlord and any subsequent owner, with the notable exception of covenants related to encumbrances, title, or possession of the premises.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-29, property owners who sell or transfer their rental property should be aware that the incoming owner steps into the same legal position the original landlord held with respect to existing tenants. Compliant operators typically disclose all outstanding lease obligations to prospective buyers and ensure that lease agreements are transferred in full as part of any sale or assignment. Buyers of rental property generally conduct thorough due diligence on existing leases, since tenants may assert breach-of-lease claims against the new owner just as they could against the prior one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-29 of the North Dakota Century Code means that if your landlord sells or transfers the property you rent, you generally retain the right to pursue remedies for any lease violations against the new owner, not just the original landlord. If you have assigned your own lease to another tenant, that assignee also retains most of these remedies against the landlord and any subsequent owner. Tenants who believe a lease obligation has been breached following a property transfer may consider documenting the issue in writing, contacting a local tenant-rights organization, or consulting with a legal aid office to understand the options 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation