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Periodic Lease: If the lease has no specific ending date, it is a periodic lease. There are two basic types of leases-“periodic leases” and “term leases”. When entering into a lease agreement all verbal promises (repairs, number of parking spots, etc.) should be put in writing or they may not be enforceable. A written lease is important should a dispute arise. A written lease outlines the terms such as the beginning and ending time of the lease the amount of the rent the amount of the security deposit etc. For the protection of both the landlord and tenant it is best that the lease agreement be in writing. It is an agreement to rent, and that means there are certain terms and rights defined by law.Ī lease is legally binding on both the landlord and the tenant and cannot be changed without both the landlord and tenant’s consent. When a tenant agrees to rent a house, apartment, room, or other living quarters from a landlord for a specific monthly rent, the two have entered into a contract most often referred to as a lease agreement. These fees should not be mistaken for security deposits. Tenants should ask if such fees are refundable and can request a receipt for payment. The fee is customarily used to cover the cost of checking a tenant’s references (past landlords, employment, credit bureau, etc). Landlords can also require prospective tenants to pay an application fee (which may be non-refundable). Landlords will often require a prospective tenant to complete an application. That is why it is always a good practice to have a written lease and to be familiar with its provisions before signing it. It is important to remember as you read this handout that many of the law’s provisions may be changed by agreement between landlord and tenant. Because factual circumstances vary in each case, detailed legal research or opinions may be necessary.
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This handout is NOT intended to be a substitute for professional legal advice. This handout is intended to provide information about the rights and responsibilities between landlords and tenants in North Dakota. Home » Legal Topics and Education Materials » Complete Topic List