AN ACT to create and enact a new section to chapter 47-16 of the North Dakota Century Code, relating to prohibited lease provisions in a contract to lease real property.
Summary
House Bill 1610 creates a new section in North Dakota Century Code chapter 47-16 governing residential lease terms. The bill prohibits a landlord from charging a tenant a fee for accepting cash, a check, or a money order as payment for rent or any other payment required under a lease for real property. In practical terms, it bars landlords from imposing extra charges simply because a tenant chooses one of these common payment methods.
The measure is narrow and targeted: it does not change rent amounts or broader landlord-tenant duties, but it does regulate what fees may be included in lease agreements and collected during tenancy. By adding this prohibition to the state’s landlord-tenant law, the bill limits contractual lease provisions that would otherwise shift payment-processing costs to tenants for ordinary forms of payment.
Impact
HB 1610 amends North Dakota landlord-tenant law by adding a new statutory restriction on lease provisions related to payment acceptance fees. Landlords may no longer charge tenants extra fees for paying with cash, a check, or a money order, which affects both lease drafting and rent-collection practices. The bill primarily impacts landlords, property managers, and tenants in real property leases, especially where payment convenience fees or similar charges had been used.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 78-3 and the Senate 44-0, indicating strong bipartisan approval and no recorded opposition in the Senate. The voting pattern suggests lawmakers generally agreed that tenants should not be charged extra for using standard payment methods.
Contention
There is little evidence of major contention in the available record. The only visible opposition came from a small number of House members, while the Senate approved the bill unanimously. Any disagreement likely centered on whether landlords should be allowed to recover administrative or processing costs through tenant fees, but no committee testimony or transcript is available to show detailed arguments.