How can a tenant transfer their rental agreement to another person?
Transferring a rental agreement in North Dakota requires that both the tenant and current landlord agree to the terms of the transfer. The process depends on the type of tenancy – that is, if the tenant has a fixed-term or periodic tenancy. If the tenant has a fixed-term tenancy, then the tenant can transfer the agreement by obtaining the landlord’s written consent. The landlord is not obligated to allow the transfer but may choose to do so. The transfer must be in writing, and both parties must sign it. The tenant must provide a copy of the transfer to the new tenant. If the tenant has a periodic tenancy, then the tenant can transfer the agreement through the landlord’s consent as well. However, North Dakota requires that the tenant provide the landlord with written notice at least 30 days prior to the date the new tenant will move in. In addition, the tenant must provide a copy of the transfer to the new tenant. In both fixed-term and periodic tenancy transfers, the landlord may also require the new tenant to pass a credit and/or background check. The landlord can collect a fee for performing the check, and may also require a security deposit (which will be refunded to the tenant when the new tenant vacates the rental). In summary, transferring a rental agreement in North Dakota requires both the tenant and landlord to agree and sign the agreement. The tenant must also provide the landlord with written notice and a copy of the transfer to the new tenant. Depending on the type of tenancy, the landlord may also require a credit and/or background check, as well as a security deposit.
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