North Dakota Security Deposit Law
North Dakota rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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. N.D.C.C. § 47-16-07.1(1)-(2)
The rules 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) |
|---|---|
| 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) |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
North Dakota vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| 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) | 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) |
| 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 | If any amount is withheld, the landlord must give a written statement showing the specific reason for the withholding. Deductions are limited to amounts reasonably necessary to cover rent or other payment defaults by the tenant, or to restore the unit to its move-in condition, ordinary wear and tear excepted. Minn. Stat. § 504B.178, subd. 3 |
| 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) | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203 |
| 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 | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). SDCL 43-32-24 |
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- Free legal help in North Dakota
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North Dakota Security Deposit Law 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 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))
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))
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))
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.