Many tenants erroneously believe that they can terminate a lease agreement for any reason if they provide sufficient notice to the landlord, but that is not the case. A written lease agreement, even a month-to-month agreement, will have provisions for early termination. So, if a lease agreement is not destined to run its course, here are the specific circumstances that will allow a landlord or a tenant to terminate the tenancy.

Termination by landlord

The landlord’s ability to terminate the rental agreement has to do with the tenant’s compliance with the terms of the agreement, which allows for more than just termination due to nonpayment of rent.

  • Tenant or tenant’s guest or occupants fail to comply with a term of the rental agreement.
  • Tenant misrepresents a material fact on their rental application.
  • The landlord enters into the rental agreement by relying on fraudulent misrepresentation by the tenant - see N.D.C.C. § 47-16-07.4.
  • Tenant uses or permits a use of the premises in a manner that is contrary to what is set forth in the rental agreement, or tenant does not make any repairs that they are bound to make within a reasonable time after a request is made.

Termination by tenant

The tenant has a few unique reasons to terminate a rental agreement early, but for most tenants the options to terminate are derived from the landlord’s failure to maintain the premises and the habitability of the premises.

  • The landlord enters into the rental agreement by relying on fraudulent misrepresentation by the tenant - see N.D.C.C. § 47-16-07.4.
  • Destruction of the premises.
  • The majority of the premises perishes from any cause other than tenant negligence.
  • The landlord fails to fulfill his obligations, if any, in a reasonable time after request by tenant, regarding placing and securing the tenant in quiet possession of the premises, or putting the premises in good condition or repairing it.
  • Tenant is a victim of domestic violence, as defined in section N.D.C.C. § 14-07.1-01.
  • Tenant fears imminent domestic violence against their own person or tenant’s minor children if they remain in the premises. See N.D.C.C. § 47-16-17.1.
  • Upon the death of a tenant, and at the option of any surviving tenant or of the estate of the decedent.