What a Landlord Cannot Do in North Dakota
The main limits North Dakota law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a North Dakota landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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. |
|---|---|
| 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 |
| 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. |
| 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) |
| 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) |
| 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 |
| 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 |
| Statewide ban on refusing 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. The ND Department of Labor and Human Rights enforces this law. |
| 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. |
| 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 |
Can I sue my landlord in North Dakota? · All North Dakota tenant rights
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.