The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In North Dakota, the written lease agreement is indeed a crucial document for both residential landlords and tenants as it outlines their rights and responsibilities. While oral agreements are legally binding in North Dakota, a written lease provides clearer evidence of the terms agreed upon and is generally more protective for both parties. Tenants should thoroughly review and understand the lease before signing. Amendments to the lease, such as allowing pets against a standard prohibition, must be agreed upon by both the landlord and tenant. Any changes should be written into the lease and initialed by both parties to ensure the modification is legally enforceable. It's important to note that North Dakota's landlord-tenant laws, which can be found in the North Dakota Century Code (NDCC), may supplement or even override certain lease provisions. These laws provide a framework of minimum rights and responsibilities, and neither party can waive certain statutory rights or obligations through a lease agreement.