If a lessee of real property remains in possession of the real property after the expiration of
the lease and the lessor accepts rent from the lessee, the parties are presumed to have
renewed the lease on the same terms and for the same time, not exceeding one year. Except in
the case of a lease with an automatic renewal clause, if a lessee of real property for residential
purposes remains in possession of the property after the expiration of the lease and the lessor
accepts rent from the lessee, the parties are presumed to have renewed the lease as a
month-to-month tenancy.
47-16-06.1. Automatic renewal of leases of residential real property - When notice
required.
Notwithstanding the provisions of section 47-16-06, in any lease of a specified term of two
months or more of real property used for residential purposes, the lessor may not enforce an
automatic renewal clause of a lease unless the lessor has notified the lessee in writing,
delivered personally or by first-class mail, of the automatic renewal provision, not less than thirty
days prior to the expiration date of the current lease. If such notice has not been given, the
lease expires, and the terms of the latest lease convert to a month-to-month tenancy.
Notes of Decisions
Working Capital 1, LLC v. Quality Auto Body, Inc., 817 N.W.2d 346 (N.D. 2012).
· cites it 10× “Quality Auto Body argues the situation falls under the circumstances described in N.D.C.C. § 47-16-06, which explains when a lease is presumed renewed.”
Peterson v. McCarney, 254 N.W.2d 438 (N.D. 1977).
· cites it 7× “Peterson also argued that he had an automatic renewal under § 47-16-06, NDCC, which provides that: “If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him the parties are presumed to have renewed the…”
Funke v. Aggregate Constr., Inc., 2015 ND 123 (N.D. 2015).
· cites it 8× “Aggregate also contends the lease renewed as a matter of law under N.D.C.C. § 47-16-06, and the district court erred in concluding that Aggregate’s position would construe the lease as a perpetual lease.”
Rutherford v. BNSF Ry. Co., 2009 ND 88 (N.D. 2009).
· cites it 2× “” See also N.D.C.C. § 47-16-06. From this, Rutherford concedes that the parties’ lease was not perpetual.”
United Accounts, Inc. v. Teladvantage, Inc., 499 N.W.2d 115 (N.D. 1993).
· cites it 2× “A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in section 47-16-06 at the end of the term implied by law, unless one of the parties gives notice to the other of an intention to terminate the lease, at least as long before the…”
Willman v. Harty Co., 305 N.W.2d 909 (N.D. 1981).
· cites it 3× “In support of his position that the lease was continued under the terms of the original lease, Willman pointed to § 47-16-06, North Dakota Century Code, which provides as follows: “If a lessee of real property remains in possession thereof after the expiration of the hiring and…”
Chegwidden v. Evenson, 2015 ND 131 (N.D. 2015).
· cites it 4× “See N.D.C.C. § 47-16-06 (residential lease presumed to renew as month-to-month tenancy if tenant remains in possession of property after lease’s expiration and landlord accepts tenant’s rent).”
Frederick v. Kubisiak, 317 N.W.2d 120 (N.D. 1982).
“See § 47-16-06, NDCC. The judgment is not contrary to law.”
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