North Dakota Repairs & Tenant Remedies
North Dakota rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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
The rules 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 |
|---|---|
| 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 |
| Landlord retaliation | 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. |
Related questions
North Dakota vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| 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 | 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 | 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) |
| Minnesota | No general statutory right for a tenant to make repairs and deduct the cost from rent on their own. A court can authorize the tenant to make repairs and deduct the cost from rent in a rent escrow or tenant remedies action. Minn. Stat. §§ 504B.385, 504B.425(c) | Rent escrow: after written notice of the violation, if the landlord has not fixed it within 14 days (or the time set in an inspector's order has run out), the tenant may deposit the full rent with the court administrator. A hearing is held 10–14 days later. The court can order repairs, abate rent, release escrowed funds to pay for repairs, and fine the landlord. Minn. Stat. § 504B.385 | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. Minn. Stat. §§ 504B.285, subds. 2-3; 504B.441 |
| Montana | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408 | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Mont. Code Ann. §§ 70-24-406, 70-24-408(1)(c), 70-24-421 | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Mont. Code Ann. § 70-24-431 |
| South Dakota | Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. SDCL 43-32-9 | Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. SDCL 43-32-9 | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. SDCL 43-32-27, 43-32-28 |
More North Dakota rental law
- North Dakota Security Deposit Law
- North Dakota Eviction Laws
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- North Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in North Dakota
- Squatters' Rights in North Dakota
- North Dakota Rental Fee Rules
- North Dakota Section 8, Records & Right to Counsel
- North Dakota Mold, Pests, Heat & AC Rules
- North Dakota Privacy, Guests & Animal Rules
- North Dakota Landlord Selling the House
- North Dakota Lockouts, Utility Shutoffs & Retaliation
- North Dakota Subletting, Lease Endings & Tenant Death
- All North Dakota landlord-tenant rules
- Free legal help in North Dakota
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North Dakota Repairs & Tenant Remedies FAQ
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))
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.