North Dakota § 41-02.1-17 (2A-208) Modification, rescission, and waiver

North Dakota Statutes

§ 41-02.1-17 — (2A-208) Modification, rescission, and waiver

North Dakota § 41-02.1-17

Title 41Uniform Commercial Code

Ch. 41-02.1Leases

This text of North Dakota § 41-02.1-17 ((2A-208) Modification, rescission, and waiver) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-02.1-17 (2026).

Text

1.An agreement modifying a lease contract needs no consideration to be binding.

2.A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.

3.Although an attempt at modification or rescission does not satisfy the requirements of subsection 2, it may operate as a waiver.

4.A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on

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1. An agreement modifying a lease contract needs no consideration to be binding.
2. A signed lease agreement that excludes modification or rescission except by a signed
record may not be otherwise modified or rescinded, but, except as between
merchants, such a requirement on a form supplied by a merchant must be separately
signed by the other party.
3. Although an attempt at modification or rescission does not satisfy the requirements of
subsection 2, it may operate as a waiver.
4. A party who has made a waiver affecting an executory portion of a lease contract may
retract the waiver by reasonable notification received by the other party that strict
performance will be required of any term waived, unless the retraction would be unjust
in view of a material change of position in reliance on the waiver.