1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Security Deposit
Deposit Limits
Pursuant to North Dakota Century Code §47-16-07.1, the total amount of security deposits held by the landlord may not exceed an amount equal to one month's rent. However, if the tenant has a pet that may cause damage to the premises, the landlord may collect an additional pet deposit not to exceed the greater of $2,500 or two months' rent in total deposits.
Permitted Uses
Your security deposit may be used for: unpaid rent; damages to the premises caused by the tenant beyond normal wear and tear; cleaning necessary to restore the unit to the condition at the start of tenancy (normal wear and tear excepted); and unpaid utilities or other amounts owed under the rental agreement.
Return of Deposit
Pursuant to NDCC §47-16-07.1, Month2Month must return the security deposit or deliver a written statement describing the reasons for withholding any portion within 30 days after the termination of the tenancy and the tenant's delivery of possession. If any portion is withheld, you will receive an itemized list specifying the nature and amount of each deduction.
Disputes
If you dispute any deduction, contact Month2Month in writing within 7 days. If the dispute cannot be resolved, you may file a claim in small claims court.
3. Landlord and Property Manager Information
North Dakota law requires landlords to identify themselves and any agents authorized to act on their behalf. The tenant is entitled to know the name and address of the property owner and the person authorized to manage the premises and to receive service of process.
Your lease agreement contains the specific owner information, property manager contact information, emergency maintenance contact, and the person authorized to receive service of process for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
4. Smoke Alarms and Carbon Monoxide Detectors
North Dakota law requires operable smoke detectors in every residential rental unit. Pursuant to NDCC §18-01-22.2, smoke detectors must be installed on each level of the dwelling and near sleeping areas. Carbon monoxide detectors are required pursuant to NDCC §23-13-16 in dwelling units with fuel-burning appliances, fireplaces, or attached garages.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke alarm or carbon monoxide detector.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
- If you hear the carbon monoxide alarm sound continuously, evacuate immediately and call 911.
Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy and for maintaining them throughout the tenancy.
5. Mold Disclosure
While North Dakota does not have a specific mold disclosure statute, landlords have a general duty to maintain rental properties in a habitable condition. Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems.
Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
6. Bed Bug Disclosure
North Dakota landlords have a general duty to maintain rental premises in habitable condition, which encompasses pest-free conditions. Month2Month provides the following information to help tenants identify and prevent bed bug issues.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately.
7. Flood Hazard Disclosure
North Dakota experiences significant flood risk, particularly along the Red River, Missouri River, and their tributaries. If your property is located in a special flood hazard area as designated by FEMA, or has experienced flooding, this information will be disclosed in your lease agreement or property-specific addendum.
North Dakota has experienced major flood events, particularly in the Fargo-Moorhead and Bismarck-Mandan areas. Tenants are encouraged to familiarize themselves with local flood risk by visiting FEMA's Flood Map Service Center at https://msc.fema.gov and to sign up for local emergency alerts.
8. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to NDCC §47-16-17.1, a tenant who is a victim of domestic violence, sexual assault, or stalking may terminate a rental agreement by providing the landlord with written notice, along with qualifying documentation such as:
- A copy of a protection order or restraining order
- A copy of a police report or court record documenting the domestic violence, sexual assault, or stalking
- A written certification from a domestic violence or sexual assault program
Right to Request Lock Changes
A victim tenant may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks promptly upon receiving a written request accompanied by qualifying documentation.
Protection from Discrimination
A landlord may not refuse to rent, terminate a tenancy, or retaliate against a tenant based on the tenant's status as a victim of domestic violence, sexual assault, or stalking.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- National Sexual Assault Hotline: 1-800-656-4673
- North Dakota Council on Abused Women's Services / Coalition Against Sexual Assault in North Dakota (CAWS): www.cawsnorthdakota.org · 1-888-255-6240
- North Dakota Crime Victims Compensation: www.nd.gov/docr
9. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
10. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must meet basic health and safety standards. North Dakota law imposes a general obligation on landlords to maintain rental properties in a habitable condition, including proper weatherproofing, plumbing, heating, electricity, and freedom from vermin. (NDCC §47-16)
- Privacy: Your landlord should provide reasonable notice before entering your unit (except in emergencies). While North Dakota does not specify an exact notice period by statute, Month2Month provides at least 24 hours' notice as a matter of policy.
- Return of Security Deposit: Your deposit must be returned within 30 days after move-out, with an itemized statement of any deductions. (NDCC §47-16-07.1)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, national origin, age, disability, familial status, status with respect to public assistance, or status with respect to marriage. (NDCC §14-02.4-12 — North Dakota Human Rights Act)
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including complaining about habitability issues or contacting government agencies.
- Repairs and Maintenance: You have the right to request repairs for conditions that affect habitability.
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures for eviction and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing your belongings. (NDCC §47-32)
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Avoid creating nuisances or disturbing other residents.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- North Dakota Attorney General — Consumer Protection: attorneygeneral.nd.gov
- Legal Services of North Dakota: www.legalassist.org · 1-800-634-5263
- North Dakota Department of Labor and Human Rights: www.nd.gov/labor
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing (HUD): 1-800-669-9777