North Dakota Landlord-Tenant Law
The rules for renting in North Dakota — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for North Dakota
- Security deposit limit
- One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2)
- Deposit return deadline
- Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3)
- Notice for unpaid rent
- Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02
- Ending a month-to-month lease
- Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. N.D.C.C. § 47-16-15(2)-(3), (5)
- Landlord entry notice
- Any time in an emergency, or if the landlord reasonably believes the tenant abandoned the unit or is in substantial violation of the lease. Otherwise only during reasonable hours, in a reasonable manner, for inspection, repairs, services, or showings, and (unless impractical) after notifying the tenant and receiving consent for a time certain; consent may not be unreasonably withheld and is presumed if the tenant does not object after notice. N.D.C.C. § 47-16-07.3
- Rent control / increase limits
- Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property. N.D.C.C. § 47-16-02.1
Last verified against official sources: 2026-10-22
Security Deposits in North Dakota
| Security deposit limit | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. Deposit must be held in a federally insured interest-bearing savings or checking account for the tenant's benefit. Source: N.D.C.C. § 47-16-07.1(1)-(2) |
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| Deposit return deadline | Within 30 days after the lease ends and the tenant delivers possession Mailed or delivered to the last address the tenant furnished. Unclaimed amounts after one year are subject to unclaimed-property reporting (§ 47-30.2-04). Source: N.D.C.C. § 47-16-07.1(3) |
| Itemized deductions | Any portion not returned must be itemized; the itemization, the amount due, and a written notice stating any amount still owed or refund due must be delivered or mailed within 30 days. Allowed deductions: damage from the tenant's pet or negligence of the tenant/guests, unpaid rent, and cleaning/repairs needed to restore the unit to move-in condition, reasonable wear and tear excepted. Landlord must give the tenant a signed move-in condition statement, which is prima facie proof of condition (§ 47-16-07.2). Source: N.D.C.C. § 47-16-07.1(3) |
| Interest on deposits | Required: deposit must be in a federally insured interest-bearing account and accrued interest is paid to the tenant at lease end, but interest is not required if occupancy lasted less than 9 months. Source: N.D.C.C. § 47-16-07.1(1), (3) |
| Penalty for withholding | Treble (3x) damages for any security deposit money withheld without reasonable justification Source: N.D.C.C. § 47-16-07.1(4) |
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Eviction in North Dakota
| Notice for unpaid rent | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. Per the ND Legal Self-Help Center, if the tenant pays the full amount listed within the 3-day deadline and the landlord accepts it, the landlord can't continue the eviction for that nonpayment; the landlord need not accept partial payment (https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/Eviction-for-Tenants-Informational-Guide.pdf, rev. Dec 2025). |
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| Notice for lease violations | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. Eviction for unreasonably disturbing other tenants (§ 47-32-01(7)) is not among the grounds listed as requiring the 3-day notice. |
| Lockouts & utility shutoffs | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. No specific lockout statute or statutory damages amount was located in ch. 47-16 or 47-32; remedy not verified. |
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Notice to Vacate in North Dakota
| Ending a month-to-month lease | Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. A lease clause requiring more than one month's notice from the tenant must be initialed by the tenant or it is unenforceable (§ 47-16-15(4)). Source: N.D.C.C. § 47-16-15(2)-(3), (5) |
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Landlord Entry in North Dakota
| Landlord entry notice | Any time in an emergency, or if the landlord reasonably believes the tenant abandoned the unit or is in substantial violation of the lease. Otherwise only during reasonable hours, in a reasonable manner, for inspection, repairs, services, or showings, and (unless impractical) after notifying the tenant and receiving consent for a time certain; consent may not be unreasonably withheld and is presumed if the tenant does not object after notice. No fixed number of hours' notice. Landlord may not abuse access to harass the tenant. Source: N.D.C.C. § 47-16-07.3 |
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Repairs & Habitability in North Dakota
| Repair and deduct | Allowed: if the landlord neglects to repair dilapidations within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or vacate and be discharged from further rent. No statutory dollar cap. Landlord habitability duties: § 47-16-13.1. Source: N.D.C.C. § 47-16-13 |
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| Withholding rent | No statutory rent-withholding remedy. Per the ND Legal Self-Help Center, failure to make repairs is not a defense to nonpayment of rent, though a tenant who repaired and deducted under § 47-16-13 may dispute the amount owed. Source: No statute; N.D.C.C. § 47-16-13 |
| Retaliation protection | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. Retaliation claims outside the domestic-violence provision depend on other law or the lease, not these chapters. Chapter 47-32 text: https://ndlegis.gov/cencode/t47c32.pdf. |
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Rent Increases & Late Fees in North Dakota
| Rent control / increase limits | Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property. Does not limit a political subdivision's control of residential property it owns. Source: N.D.C.C. § 47-16-02.1 |
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| Late fees | No statutory cap ND Attorney General: the lease must state whether there is a late fee, the amount, and when it is charged. Ch. 47-16 sets no amount. Landlords may not charge a fee to accept cash, check, or money order (§ 47-16-20.1). Source: No statute |
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Breaking a Lease in North Dakota
| Ending a lease: domestic violence | A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. The statute covers domestic violence as defined in § 14-07.1-01 only. It does not separately name sexual assault or stalking. Any remaining tenants on the lease stay bound. Rent owed before termination is still owed. Source: N.D.C.C. § 47-16-17.1 |
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| Ending a lease: military, medical, death | Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. Statutes outside chapter 47-16 (for example Title 37, military affairs) were not checked for military lease termination. Source: N.D.C.C. § 47-16-18; § 47-16-17 |
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Squatters & Abandoned Property in North Dakota
| Squatters / unauthorized occupants | Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. Added by 2025 HB 1305. A draft section that would have created a removal procedure in chapter 47-32 was cut before passage (legislative history: https://ndlegis.gov/sites/default/files/resource/69-2025/library/hb1305.pdf). Eviction chapter: https://ndlegis.gov/cencode/t47c32.pdf. The effective date was not confirmed; ND's default is August 1, 2025. |
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| Belongings left behind | If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. The lien does not take priority over an earlier perfected security interest. The statute does not cover property worth more than $2,500. Source: N.D.C.C. § 47-16-30.1 |
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Rental Fees in North Dakota
| Application / screening fees | No statute. N.D.C.C. chapter 47-16 has no cap or refund rule for application or screening fees. Based on a full-text search of the chapter 47-16 PDF. Other titles were not searched. |
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| Other rental fees | A landlord may not charge a fee to accept cash, a check, or a money order for rent or any other payment due under the lease. No broader statute limits other fees or requires fee disclosure. Related deposit limits: security is capped at one month's rent, with exceptions up to two months, and a pet deposit may not exceed the greater of $2,500 or two months' rent (§ 47-16-07.1(1)-(2)). Source: N.D.C.C. § 47-16-20.1 |
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Section 8, Records & Right to Counsel in North Dakota
| Section 8 / source of income | Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. Definition source: https://ndlegis.gov/cencode/t14c02-4.pdf. Exemptions in § 14-02.5-09 (for example some owner-occupied or single-family rentals) were not reviewed in detail. The ND Department of Labor and Human Rights enforces this law. |
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| Eviction record sealing | By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. Source: N.D.C.C. § 47-32-05 |
| Right to a lawyer in eviction | No statute. North Dakota has no statewide right to a lawyer in eviction cases. Absence confirmed in the eviction chapter only. |
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Mold, Pests, Heat & AC in North Dakota
| Mold | No statute — general habitability/repair duty applies. North Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with applicable building and housing codes affecting health and safety and 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.' Mold that makes a unit unfit falls under the general habitability duty; if the landlord does not repair within a reasonable time after notice, § 47-16-13 lets the tenant repair and deduct, recover the cost, or vacate. Local housing codes may add requirements. Source: N.D.C.C. § 47-16-13.1(1)(a)-(b) |
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| Pests & bed bugs | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable and common areas clean and safe applies; the tenant must keep the unit as clean and safe as conditions permit, remove garbage, and not damage the premises. No state bed-bug disclosure or inspection rule. Who pays for treatment depends on the lease and on whether the tenant caused the infestation (tenant must repair damage caused by ordinary negligence, § 47-16-10). |
| Heat | Yes. The landlord must supply 'reasonable heat' and keep heating facilities it supplies in good and safe working order, unless the building is not required by law to be equipped for heat or the heat is generated by an installation under the tenant's exclusive control on a direct utility connection. No statewide minimum temperature or heating season is set. Not required when heat is unavailable because of a public-utility supply failure. A landlord gets a reasonable time to fix noncompliance. Local codes may set temperatures. Source: N.D.C.C. § 47-16-13.1(1)(d), (f) |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. Source: N.D.C.C. § 47-16-13.1(1)(d) |
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Privacy, Guests & Animals in North Dakota
| Cameras & privacy | No landlord-specific statute. Criminal laws apply: surreptitiously installing or using a device to observe, photograph or record events from another's dwelling, or from a place where a person has a reasonable expectation of privacy and may be undressed, with sexual intent, is surreptitious intrusion (class A misdemeanor; felony for repeat offenses or minor victims). Intercepting oral or wire communications without a party's consent is a class C felony (one-party consent). The surreptitious-intrusion statute requires sexual intent; non-sexual hidden cameras inside a tenant's unit may still give rise to civil invasion-of-privacy claims and breach of the tenant's right to quiet possession (§ 47-16-08). Eavesdropping statute: https://ndlegis.gov/cencode/t12-1c15.pdf. Landlord entry rules are in § 47-16-07.3. |
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| Guests & occupants | No statute on guests vs. tenants, occupancy limits or roommate rights — the lease governs. Tenants must make persons on the premises with their consent behave so as not to disturb neighbors, and are liable for guest-caused damage. A landlord may not rent the same room as a dwelling to more than one family (double letting). Occupancy limits may come from local codes and federal fair-housing guidance; limits cannot be used to discriminate based on familial status. |
| Service & support animals (state law) | If a rental has a no-pets policy and a tenant asks for a service or assistance animal as a disability accommodation, the landlord may require reliable supporting documentation confirming the disability and the disability-related need, from a physician or medical professional who does not operate in North Dakota solely to certify assistance animals. No documentation may be required if the disability or need is readily apparent or already known. Knowingly making a false disability claim or providing fraudulent documentation is an infraction; after a guilty plea or conviction the landlord may evict and collect a damage fee of up to $1,000. Pet deposits (capped at the greater of $2,500 or two months' rent) may not be charged for a service or companion animal needed as a reasonable accommodation. Federal Fair Housing Act rules also apply. The tenant remains liable for actual damage caused by the animal. |
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How eviction works in North Dakota
Eviction cases are heard in: State district court (judge or judicial referee).
- 3-day written notice of intention to evict (nonpayment more than 3 days late, holdover, or material lease violation) (§ 47-32-02)
- File eviction summons and complaint; hearing set 3 to 15 days after the summons is issued (§ 47-32-02)
- Service: personal service in the county at least 3 days before the hearing; other service at least 7 days before; posting on the door allowed after a failed evening (6-10 p.m.) attempt plus affidavit and mailing
- Hearing; no counterclaims except setoff against rent/damages claimed (§ 47-32-04); judgment for immediate restitution
- Court may stay execution up to 5 days for substantial hardship (not where eviction is based on disturbing the peace) (§ 47-32-04)
- Writ of execution issued after the eviction order; removal by sheriff
Tenant answers at the hearing, which is 3 to 15 days after the summons is issued (§ 47-32-02). Either party may request a district judge instead of a judicial referee within 7 days after service of notice of hearing (ND Legal Self-Help Center guide).
Source: N.D.C.C. §§ 47-32-01 to 47-32-04
What surprises people about North Dakota rental law
- Deposit wrongfully withheld triggers treble damages (N.D.C.C. § 47-16-07.1(4))
- Statutory repair-and-deduct remedy exists (N.D.C.C. § 47-16-13)
- Eviction can happen the same day as the hearing unless the tenant claims hardship, which can add at most 5 days (N.D.C.C. § 47-32-04; ND Legal Self-Help Center guide)
- Automatic-renewal clauses in residential leases of 2+ months are unenforceable unless the landlord gives written notice at least 30 days before expiration; otherwise the lease converts to month-to-month (N.D.C.C. § 47-16-06.1)
- Tenants evicted for nonpayment or damage who resolve the claims may move to seal the eviction records after 7 years (N.D.C.C. § 47-32-05)
- Domestic-violence victims may terminate a lease early with written notice, paying the current month plus one month's rent (N.D.C.C. § 47-16-17.1)
Federal law that also applies in North Dakota
These federal rules apply on top of North Dakota law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
Eviction by county in North Dakota
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in North Dakota — steps, cost, timeline and forms.
Common North Dakota questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How North Dakota compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
North Dakota landlord-tenant FAQ
How much can a landlord charge for a security deposit in North Dakota?
One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. (N.D.C.C. § 47-16-07.1(1)-(2))
How long does a landlord have to return a security deposit in North Dakota?
Within 30 days after the lease ends and the tenant delivers possession (N.D.C.C. § 47-16-07.1(3))
Does a landlord have to pay interest on a security deposit in North Dakota?
Required: deposit must be in a federally insured interest-bearing account and accrued interest is paid to the tenant at lease end, but interest is not required if occupancy lasted less than 9 months. (N.D.C.C. § 47-16-07.1(1), (3))
Does a landlord in North Dakota have to give an itemized list of deposit deductions?
Any portion not returned must be itemized; the itemization, the amount due, and a written notice stating any amount still owed or refund due must be delivered or mailed within 30 days. Allowed deductions: damage from the tenant's pet or negligence of the tenant/guests, unpaid rent, and cleaning/repairs needed to restore the unit to move-in condition, reasonable wear and tear excepted. (N.D.C.C. § 47-16-07.1(3))
What happens if a landlord in North Dakota wrongfully keeps a security deposit?
Treble (3x) damages for any security deposit money withheld without reasonable justification (N.D.C.C. § 47-16-07.1(4))
How much notice does a landlord have to give before evicting for unpaid rent in North Dakota?
Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. (N.D.C.C. §§ 47-32-01(4), 47-32-02)
How much notice is required to evict for a lease violation in North Dakota?
3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. (N.D.C.C. §§ 47-32-01(8), 47-32-02)
How much notice is needed to end a month-to-month lease in North Dakota?
Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. (N.D.C.C. § 47-16-15(2)-(3), (5))
Can a landlord enter without notice in North Dakota?
Any time in an emergency, or if the landlord reasonably believes the tenant abandoned the unit or is in substantial violation of the lease. Otherwise only during reasonable hours, in a reasonable manner, for inspection, repairs, services, or showings, and (unless impractical) after notifying the tenant and receiving consent for a time certain; consent may not be unreasonably withheld and is presumed if the tenant does not object after notice. (N.D.C.C. § 47-16-07.3)
Is there a limit on late fees in North Dakota?
No statutory cap (No statute)
Can a tenant repair and deduct from rent in North Dakota?
Allowed: if the landlord neglects to repair dilapidations within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or vacate and be discharged from further rent. (N.D.C.C. § 47-16-13)
Can a tenant withhold rent for repairs in North Dakota?
No statutory rent-withholding remedy. Per the ND Legal Self-Help Center, failure to make repairs is not a defense to nonpayment of rent, though a tenant who repaired and deducted under § 47-16-13 may dispute the amount owed. (No statute; N.D.C.C. § 47-16-13)
Can a landlord retaliate against a tenant for complaining in North Dakota?
No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. (N.D.C.C. chs. 47-16 and 47-32 (checked); § 47-16-17.1(10)-(11))
Is there rent control or a limit on rent increases in North Dakota?
Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property. (N.D.C.C. § 47-16-02.1)
Can a landlord change the locks or shut off utilities in North Dakota?
ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. (ND Attorney General tenant rights page; N.D.C.C. ch. 47-32)
What is the small claims court limit in North Dakota for a deposit dispute?
$15,000 (N.D.C.C. § 27-08.1-01(1))
How do you remove a squatter in North Dakota?
Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. (N.D.C.C. § 12.1-22-03(1)-(2); § 12.1-22-06(1); § 47-32-01(1)-(3))
What can a landlord do with a tenant's abandoned property in North Dakota?
If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. (N.D.C.C. § 47-16-30.1)
Is there a limit on rental application fees in North Dakota?
No statute. N.D.C.C. chapter 47-16 has no cap or refund rule for application or screening fees. (N.D.C.C. ch. 47-16 (no application-fee section))
What rental fees are banned or limited in North Dakota?
A landlord may not charge a fee to accept cash, a check, or a money order for rent or any other payment due under the lease. No broader statute limits other fees or requires fee disclosure. (N.D.C.C. § 47-16-20.1)
Can a domestic violence survivor break a lease in North Dakota?
A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. (N.D.C.C. § 47-16-17.1)
When can a tenant break a lease without penalty in North Dakota?
Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. (N.D.C.C. § 47-16-18; § 47-16-17)
Can an eviction record be sealed or removed in North Dakota?
By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. (N.D.C.C. § 47-32-05)
Can a landlord refuse Section 8 vouchers in North Dakota?
Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. (N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19))
Do tenants have a right to a free lawyer in eviction cases in North Dakota?
No statute. North Dakota has no statewide right to a lawyer in eviction cases. (N.D.C.C. ch. 47-32 (no counsel provision))
What does a North Dakota notice to pay rent or quit have to include?
Before filing, the landlord must give 3 days' written notice of intention to evict. Eviction is available when rent is unpaid for 3 days after it is due. The notice may be served the same way as a summons. If the tenant cannot be found, the sheriff or a process server may post it conspicuously on the premises. The statute does not prescribe wording. The court's Form 1a states the unpaid rent, the months it covers, other charges due under the lease, and the total, and demands payment or move-out within 3 days of service. (N.D.C.C. §§ 47-32-01(4), 47-32-02)
What does a North Dakota notice to end a month-to-month tenancy have to include?
Month-to-month: either party may end the tenancy with at least one calendar month's written notice, given at any time, unless they agreed in writing to a longer notice or a different notice time. Rent is owed through the termination date. A lease clause requiring the tenant to give more than one month's notice must state the requirement and be initialed by the tenant. Otherwise the tenant may end the lease on the last day of a month with one calendar month's notice. No delivery method or required wording is specified. (N.D.C.C. § 47-16-15(2), (4), (5))
What must a North Dakota security deposit itemization include?
Any part of the deposit kept must be itemized. The itemization, the amount due, and a written notice stating any amount the tenant still owes or the refund due must be delivered or mailed to the last address the tenant gave. The deadline is 30 days after the lease ends and the tenant delivers possession. Allowed deductions: damage from the tenant's pet or from the tenant's or a guest's negligence, unpaid rent, and cleaning or repairs that were the tenant's responsibility, minus reasonable wear and tear. Interest must be included unless the tenant stayed less than 9 months. (N.D.C.C. § 47-16-07.1(1), (3)-(4))
How long does a landlord have to sue for unpaid rent in North Dakota?
6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. (N.D.C.C. § 28-01-16(1))
Can a landlord accept rent during an eviction in North Dakota?
No statute in the eviction or lease chapters says accepting rent waives an eviction notice or a pending eviction. One related rule: if a residential tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed as a month-to-month tenancy (unless there is an automatic-renewal clause). (N.D.C.C. § 47-16-06; ch. 47-32 checked)
Can you be evicted in the winter in North Dakota?
No statute — North Dakota's eviction law (N.D.C.C. ch. 47-32) and lease law (ch. 47-16) have no cold-weather or winter limit on evictions. The only hardship relief is that the court may delay the eviction order by up to 5 days for substantial hardship (not for disturbance-of-the-peace cases). (N.D.C.C. § 47-32-04; chs. 47-16, 47-32 checked)
Can a landlord give notice by text or email in North Dakota?
The 3-day notice of intention to evict is served the way a summons is served (personal delivery). If the tenant cannot be found, the sheriff or a process server may post it conspicuously on the premises. A notice changing the terms of a month-to-month lease may be served 'in any reasonable manner which actually informs the tenant.' Termination notices must be in writing. No statute addresses email or text notices. (N.D.C.C. §§ 47-32-02, 47-16-07, 47-16-15)
How much notice is required for a rent increase in North Dakota?
Month-to-month: the landlord may change the terms, including rent, with written notice at least 30 days before the end of the month. The change takes effect at the end of that month, and the tenant may move out at month's end by giving at least 25 days' notice. No statute requires longer notice for large increases. For a fixed-term lease, rent changes at renewal; if the lease renews automatically, the landlord must give a written reminder of the renewal clause at least 30 days before it expires. (N.D.C.C. §§ 47-16-07, 47-16-15(3), 47-16-06.1)
Does a landlord have to give a copy of the lease in North Dakota?
No statute requires the landlord to give the tenant a copy of the signed lease or to disclose the owner or agent. The landlord must give the tenant a move-in condition statement, signed by both, when the rental agreement is made. (N.D.C.C. § 47-16-07.2; ch. 47-16 checked)
What are tenants' rights in a foreclosure in North Dakota?
No statute — North Dakota adds no tenant protections beyond the federal PTFA. After a foreclosure sale and the end of the redemption period, the buyer may evict the occupant under the eviction chapter. (N.D.C.C. § 47-32-01(5); chs. 47-16, 47-32 checked)
Does a landlord have to fix mold in North Dakota?
No statute — general habitability/repair duty applies. North Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with applicable building and housing codes affecting health and safety and 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.' (N.D.C.C. § 47-16-13.1(1)(a)-(b))
Who pays for pest control and bed bugs in North Dakota?
No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable and common areas clean and safe applies; the tenant must keep the unit as clean and safe as conditions permit, remove garbage, and not damage the premises. (N.D.C.C. §§ 47-16-13.1(1)(b)-(c), 47-16-13.2)
Does a landlord have to provide heat in North Dakota?
Yes. The landlord must supply 'reasonable heat' and keep heating facilities it supplies in good and safe working order, unless the building is not required by law to be equipped for heat or the heat is generated by an installation under the tenant's exclusive control on a direct utility connection. No statewide minimum temperature or heating season is set. (N.D.C.C. § 47-16-13.1(1)(d), (f))
Does a landlord have to provide air conditioning in North Dakota?
No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. (N.D.C.C. § 47-16-13.1(1)(d))
What can a landlord deduct from a deposit for cleaning or damage in North Dakota?
Not defined by statute. The landlord may deduct from the deposit for damage from the tenant's pet or the negligence of the tenant or guest, unpaid rent, and cleaning or other repairs that were the tenant's responsibility and are needed to return the unit to its move-in condition, 'reasonable wear and tear excepted.' Deductions must be itemized within 30 days. (N.D.C.C. §§ 47-16-07.1(3), 47-16-07.2)
Can a landlord put cameras in or around a rental in North Dakota?
No landlord-specific statute. Criminal laws apply: surreptitiously installing or using a device to observe, photograph or record events from another's dwelling, or from a place where a person has a reasonable expectation of privacy and may be undressed, with sexual intent, is surreptitious intrusion (class A misdemeanor; felony for repeat offenses or minor victims). Intercepting oral or wire communications without a party's consent is a class C felony (one-party consent). (N.D.C.C. §§ 12.1-20-12.2, 12.1-15-02)
Can a landlord limit guests or roommates in North Dakota?
No statute on guests vs. tenants, occupancy limits or roommate rights — the lease governs. Tenants must make persons on the premises with their consent behave so as not to disturb neighbors, and are liable for guest-caused damage. A landlord may not rent the same room as a dwelling to more than one family (double letting). (N.D.C.C. §§ 47-16-13.2(6)-(7), 47-16-07.1(3)(a), 47-16-26)
Can a landlord deny a service or emotional support animal in North Dakota?
If a rental has a no-pets policy and a tenant asks for a service or assistance animal as a disability accommodation, the landlord may require reliable supporting documentation confirming the disability and the disability-related need, from a physician or medical professional who does not operate in North Dakota solely to certify assistance animals. No documentation may be required if the disability or need is readily apparent or already known. Knowingly making a false disability claim or providing fraudulent documentation is an infraction; after a guilty plea or conviction the landlord may evict and collect a damage fee of up to $1,000. Pet deposits (capped at the greater of $2,500 or two months' rent) may not be charged for a service or companion animal needed as a reasonable accommodation. (N.D.C.C. §§ 47-16-07.5, 47-16-07.6, 47-16-07.1(2))
Official resources for North Dakota
- ND Attorney General - Tenant Rights
- ND Legal Self-Help Center - Eviction for Tenants Informational Guide (rev. Dec 2025)
- N.D.C.C. ch. 47-16 Leasing of Real Property
- N.D.C.C. ch. 47-32 Eviction
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.