Renting a home that was foreclosed in North Dakota: your rights

Your rights as a renter in North Dakota, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Section 8 voucher holders keep their lease and housing assistance contract. These federal rights give far more time than North Dakota's 3-day eviction notice. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7)

2. During the redemption period, rent still goes to the owner

   From the sheriff's sale until redemption ends

   The foreclosure judgment must say that during the redemption period the debtor or owner keeps possession, rents and use of the property. So unless a court orders otherwise, keep paying rent under your lease to your landlord and keep receipts. If the court finds the home abandoned, it can give the lender or certificate holder possession and the rents early, so ask for a copy of any such order.

   N.D.C.C. §§ 32-19-06, 32-19-19

3. After redemption: possession order or eviction case

   After the redemption period ends

   The court can order possession delivered to the buyer after redemption ends, or the buyer can bring an eviction case against anyone still in possession after a mortgage sale and the redemption period. Before filing, it must give 3 days' written notice of intention to evict, and the summons gives 3 to 15 days to appear. If you are a bona fide tenant, tell the court about your federal 90-day and lease rights.

   N.D.C.C. §§ 32-19-06, 47-32-01(5), 47-32-02

4. Only a court can evict you

   At every stage

   The North Dakota courts say a tenant cannot be evicted without a court order from a state district court, and that the process moves very quickly. If you get a 3-day notice or an eviction summons, contact Legal Services of North Dakota or Dakota Plains Legal Services that day.

   N.D.C.C. ch. 47-32

5. Your security deposit

   When ownership changes and when you move out

   When ownership of the rental changes, the deposit and interest must be transferred to the new owner, and the old landlord stays liable until it does. Whoever holds the landlord's interest when your lease ends must follow the deposit rules, including an itemized statement within 30 days after you move out. Withholding a deposit without reasonable justification can mean triple damages.

   N.D.C.C. § 47-16-07.1(3) to (5)

6. Your lease rights carry over

   After the property changes hands

   Whatever claims you have against your landlord for breaking the lease, you can also bring against the landlord's assigns, and a new owner who gets the rent gets the same remedies your landlord had. Ask the new owner in writing for proof of ownership and where to pay before sending rent anywhere new.

   N.D.C.C. §§ 47-16-28, 47-16-29

Common questions in North Dakota