Tenants Right to Sublet
In North Dakota, tenants must obtain the landlord’s written consent before subletting their rental unit, unless the lease agreement explicitly allows subletting without approval. If the lease is silent or prohibits subletting, the tenant cannot proceed without the landlord’s permission. [1] To request approval, the Tenant must send the following details to the landlord by certified mail:
- Full name of the proposed subtenant
- Proposed sublease start and end dates
- Reason for subletting
- Contact information of the subtenant
- A copy of the proposed sublease agreement
Violating lease terms by subletting without approval can result in penalties, eviction, or financial liability. [2]
Short-Term Rental / Lodgings Tax
- North Dakota state sales tax is charged on rentals of 30 days in a row or less.
- Counties and cities may impose their own sales or hotel taxes:
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- 5% state sales tax [3]
- County and City taxes (varies)
Landlords or sublessors engaging in short-term rentals may be required to register with the North Dakota Office of State Tax Commissioner and collect these taxes.