North Dakota § 47-16-13.3 Unconscionability

North Dakota Statutes

§ 47-16-13.3 — Unconscionability

North Dakota § 47-16-13.3

Title 47Property

Ch. 47-16Leasing of Real Property

This text of North Dakota § 47-16-13.3 (Unconscionability) 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 § 47-16-13.3 (2026).

Text

1.If a court of competent jurisdiction, as a matter of law, finds:

a.A residential dwelling unit rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

b.A settlement in which a party waives or agrees to forego a claim or right under sections 47-16-13.1 through 47-16-13.6 or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

2.If unconscio

Free access — add to your briefcase to read the full text and ask questions with AI

1. If a court of competent jurisdiction, as a matter of law, finds:
a. A residential dwelling unit rental agreement or any provision thereof was
unconscionable when made, the court may refuse to enforce the agreement,
enforce the remainder of the agreement without the unconscionable provision, or
limit the application of any unconscionable provision to avoid an unconscionable
result.
b. A settlement in which a party waives or agrees to forego a claim or right under
sections 47-16-13.1 through 47-16-13.6 or under a rental agreement was
unconscionable when made, the court may refuse to enforce the settlement,
enforce the remainder of the settlement without the unconscionable provision, or
limit the application of any unconscionable provision to avoid an unconscionable
result.
2. If unconscionability is put into issue by a party or by the court upon its own motion, the
parties shall be afforded a reasonable opportunity to present evidence as to the
setting, purpose, and effect of the rental agreement or settlement to aid the court in
making the determination.