North Dakota
This article provides a quick overview of some key North Dakota Landlord-Tenant laws applicable to residential rental units. We’ve used the Official North Dakota Statutes cited below to research this information and it should be a good starting point in learning about the law.
North Dakota Landlord Tenant Key Rules
Official North Dakota Forms:
Security Deposit
| TOPIC | RULE |
| Security Deposit Maximum: | Landlords are permitted to require up to one (1) months’ rent as a security deposit unless certain tenant circumstances apply. See statute. N.D. Cent. Code § 47-16-07.1 |
| Security Deposit Interest: | The security deposit money must be deposited in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The security deposit and any interest accruing on the deposit must be paid to the lessee upon termination of a lease, minus any withholdings due to tenant non-compliance of the rental agreement. Interest is not required for leases less than nine (9) months. N.D. Cent. Code § 47-16-07.1 |
| Separate Security Deposit Bank Account: | The security deposit money must be deposited in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The security deposit and any interest accruing on the deposit must be paid to the lessee upon termination of a lease, minus any withholdings due to tenant non-compliance of the rental agreement. N.D. Cent. Code § 47-16-07.1 |
| Non-refundable fees: | No statute. |
| Pet Deposits and Additional Fees: | A pet security deposit may be required if not a service animal under Fair Hosuing Laws. A pet deposit cannot exceed the greater of two thousand five hundred dollars or an amount equivalent to two months’ rent. N.D. Cent. Code § 47-16-07.1 |
| Deadline for Returning Security Deposit: | Landlords have 30 days to return the remaining security deposit (plus interest) within 30 days of the termination of the rental agreement. N.D. Cent. Code § 47-16-07.1 |
| Permitted Uses of the Deposit: | Deposits can be used for unpaid rent, damage to the rental unit caused by the tenants or their pets, or other reasonable expenses to get the unit back to its original state minus normal “wear and tear.” N.D. Cent. Code § 47-16-07.1 |
| Security Deposit can be Withheld: | Deposits can be used for unpaid rent, damage to the rental unit caused by the tenants or their pets, or other reasonable expenses to get the unit back to its original state minus normal “wear and tear.” N.D. Cent. Code § 47-16-07.1 |
| Require Written Description/Itemized List of Damages and Charges: | The remaining portion of a security deposit not paid to the lessee upon termination of the lease must be itemized by the lessor. Itemized list and amount due must be delivered or mailed to the lessee at the last address provided, along with a written notice within thirty days after termination of the lease and delivery of possession by the lessee. The notice must contain a statement of any amount still due the lessor or the refund due the lessee. N.D. Cent. Code § 47-16-07.1 |
| Receipt of Security Deposit: | No statute. |
| Record Keeping of Deposit Withholdings: | No statute. |
| Failure to Comply: | A lessor is liable for triple the monetary value of any security deposit money withheld without reasonable justification N.D. Cent. Code § 47-16-07.1 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | Rent shall be paid monthly at the end of the term, or as otherwise agreed to in the lease. N.D. Cent. Code § 47-16-20 |
| Payment Methods: | No statute. |
| Rent Increase Notice: | Landlords may change the terms of the lease to take effect at the expiration of the month upon giving notice in writing at least thirty (30) days before the expiration of the month. N.D. Cent. Code § 47-16-07 |
| Late Fees: | Late fees may be imposed only if it is a provision originally stated in the lease agreement. The stipulations of the fees including the amount and when it can be charged must be included in the lease. |
| Application Fees: | No statute. |
| Prepaid Rent: | No statute. |
| Returned Check Fees: | Subject to a fee of no more than $40.00 to the check holder. N.D. Cent. Code § 6-08-16 |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | No statute. |
| Tenant Allowed to Repair and Deduct Rent: | If the landlord does not make necessary repairs after a reasonable amount of time after the tenant gave notice requesting the repair, the tenant can make the repair directly and deduct the cost of the repair from the future payment of rent. N.D. Cent. Code § 47-16-13 |
| Self-Help Evictions: | Evictions must follow process through a North Dakota state district court. |
| Landlord Allowed to Recover Court and Attorney’s Fees: | The court may award any rights enforceable by action and reasonable attorney’s fees to the prevailing party. N.D. Cent. Code § 47-16-13.6 |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | A lessee evicted according to law is liable for rent during the remainder of the term of the lease. This does not relieve the landlord of the duty to mitigate damages. N.D. Cent. Code § 47-16-13.7 |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | Notice is not required, as the lease simply expires at the term agreed upon in the lease. N.D. Cent. Code § 47-16-14 |
| Notice to Terminate a Periodic Lease – Month-to-Month: | At least one month’s notice is required to terminate a month-to-month lease. N.D. Cent. Code § 47-16-15 |
| Notice to Terminate a Periodic Lease – Week-to-week: | At least one week’s notice is required to terminate a week-to-week lease. N.D. Cent. Code § 47-16-15 |
| Notice to Terminate Lease due to Sale of Property: | New owners from sale of property must maintain the existing lease terms on a rental unit included in the sold property. Once sold, new owner may give proper notice to terminate the lease – at least 30 days before the next rental period for a month-to-month tenancy N.D. Cent. Code § 47-16-15 |
| Notice of date/time of Move-Out Inspection: | No statute. |
| Notice of Termination for Nonpayment: | Landlords can initiate eviction process for nonpayment after 3 days of missing payment. Landlord must give at least 3 days’ notice for tenant to vacate due to non-payment. N.D. Cent. Code § 47-32-01 |
| Notice for Lease Violation: | Three days’ notice is required to terminate a lease if the tenant is in non-compliance with the rental agreement. N.D. Cent. Code § 47-32-01 N.D. Cent. Code § 47-32-02 |
| Required Notice before Entry: | No required notice, though entry must be discussed prior and agreed to at a certain time. The tenant cannot unreasonably deny landllord’s entry. Tenant’s failure to object confirms presumed consent. N.D. Cent. Code § 47-16-07.3 |
| Entry Allowed with Notice for Maintenance and Repairs: | Landlords are permitted to enter rental unit at a reasonable time with reasonable intent after receiving consent from the tenant. N.D. Cent. Code § 47-16-07.3 |
| Emergency Entry Allowed without Notice: | Landlords are permitted to enter a rental unit at any time in case of an emergency or if they feel the tenant has violated the rental agreement. N.D. Cent. Code § 47-16-07.3 |
| Entry Allowed During Tenant’s Extended Absence: | No statute. |
| Entry Allowed with Notice for Showing the Property: | Landlords are permitted to enter rental unit at a reasonable time with reasonable intent after receiving consent from the tenant. N.D. Cent. Code § 47-16-07.3 |
| Notice to Tenants for Pesticide Use: | No statute. |
| Lockouts Allowed: | Lockouts are illegal. Tenants are eligible for legal reprocussions if a landlord locks them out of the rental unit during an active lease. N.D. Cent. Code § 32-03-29 |
| Utility Shut-offs Allowed: | Removing utility services are illegal. Tenants are eligible for legal reprocussions if a landlord diminishes services during an active lease in an effort to evict. N.D. Cent. Code § 32-03-29 |
| Electronic Notices Allowed: | Electronic notices are not permitted. |
Disclosures
- Name and Addresses: Landlords must disclose the name and address of the property owner and any authorized agent. (N.D. Cent. Code § 47-16-07.1)
- Lead-Based Paint: Required for housing built before 1978 (federal law).
- Domestic Violence Protection: Tenants may terminate a lease early with documentation of domestic violence. (N.D. Cent. Code § 47-16-17.1)
Duties
Landlord’s Duties
- Compliance: Must comply with applicable building and housing codes. (N.D. Cent. Code § 47-16-13.1)
- Repairs: Must make necessary repairs and keep the premises fit for habitation. (N.D. Cent. Code § 47-16-13.1)
- Common Areas: Must keep all common areas in a clean and safe condition.
- Maintenance: Maintain plumbing, heating, and other essential facilities.
- Garbage: Provide receptacles for garbage disposal and arrange for removal.
Tenant’s Duties
- Cleanliness: Keep the premises clean and safe. (N.D. Cent. Code § 47-16-13.2)
- Trash: Dispose of all waste in a clean and safe manner.
- Plumbing: Keep plumbing fixtures clean and use them properly.
- Appliances: Use facilities and appliances reasonably.
- Damage: Avoid intentional or negligent damage to the unit.
- Quiet Enjoyment: Must not disturb neighbors’ peaceful enjoyment.
- Subleasing: Allowed if the lease permits.
- Retaliation: Landlords cannot retaliate against tenants for complaints. (N.D. Cent. Code § 47-16-39.1)
- Lead Disclosure: Required by federal law.