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State Reference Guide · Midwest

North Dakota
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of tenants in North Dakota. North Dakota law provides specific protections, particularly regarding security deposit interest and the mandatory move-in condition statement, which are more robust than in many other states.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in North Dakota?

Tenants in North Dakota are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in North Dakota sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

North Dakota law strictly regulates how much a landlord can charge for a security deposit and how it must be handled.

Maximum Amount (NDCC § 47-16-07.1)
Standard Deposit: May not exceed one month’s rent.Pet Deposit: If you have a pet, the landlord can charge an additional deposit not to exceed $2,500 or two months' rent, whichever is greater.Criminal History: If a tenant has a felony conviction, the landlord may charge up to two months' rent as a security deposit.
Interest Requirements
If you live in a unit for more than nine months, your landlord must pay you interest on your security deposit. The interest rate is the rate paid on savings accounts by the bank where the deposit is held.
The Return Process (NDCC § 47-16-07.1)
The landlord has 30 days after you move out and hand over the keys to return your deposit.If any money is withheld for damages, the landlord must provide a written itemized list explaining exactly what the money was used for.
Penalties
If a landlord withholds a deposit in "bad faith" (without a valid reason), a court may award the tenant up to triple the amount of the deposit withheld.
02
NOTICE

Eviction Notices and Timeline

In North Dakota, the eviction process can move very quickly. It is vital to act immediately if you receive a notice.

Nonpayment of Rent (NDCC § 47-32-01)
If rent is three days late, the landlord can issue a 3-Day Notice to Quit. This gives the tenant three days to move out. If the tenant does not move, the landlord can start a court eviction action.
Lease Violations
For material violations of the lease (e.g., unauthorized pets, excessive noise), the landlord must provide a 3-Day Notice to Quit.
Month-to-Month Termination (NDCC § 47-16-15)
To end a month-to-month lease without a specific cause, either party must give at least one full calendar month’s written notice. - Example: To move out on May 31, you must give notice no later than April 30.
03
NOTICE

Landlord Entry Requirements (NDCC § 47-16-07.3)

Landlords do not have an unlimited right to enter your home.

Notice Period
The landlord must provide reasonable notice before entering for repairs, inspections, or showings. While the law does not define "reasonable" in hours, 24 hours is the standard practice.
Time of Entry
Entry must be at "reasonable times" (generally during business hours or daylight hours).
Emergency Exception
A landlord may enter without notice in the event of a genuine emergency (e.g., a bursting pipe or fire).
04
SAFETY

Habitability and Repairs

Every lease in North Dakota includes an implied "Warranty of Habitability," meaning the landlord is legally required to keep the unit safe and livable.

  • Landlord Duties (NDCC § 47-16-13.1): Landlords must comply with building codes, maintain electrical, plumbing, heating, and ventilation systems, and provide trash receptacles.
  • Repair and Deduct (NDCC § 47-16-13): If a landlord fails to make necessary repairs after receiving written notice, a tenant has two primary options:Repair and Deduct: The tenant may pay for the repair themselves and deduct the expense of such repair from the rent. Unlike many other states, North Dakota statute does not specify a maximum dollar limit (such as one month's rent) for these repairs, though tenants should ensure costs are reasonable and well-documented to avoid potential disputes.Vacate: If the unit is truly uninhabitable, the tenant may move out and be released from any further rent obligations.
  • Warning: Always consult with an attorney before withholding rent or moving out, as doing so incorrectly can lead to eviction.
05
SAFETY

Enforcement and Protection Against Retaliation

North Dakota law provides mechanisms for tenants to enforce their rights regarding the condition of their dwelling.

Enforcement of Rights (NDCC § 47-16-13.6)
While North Dakota does not have a single broad statute explicitly titled "Retaliation," tenants are protected when exercising their legal rights. Under NDCC § 47-16-13.6, a tenant may recover damages or obtain injunctive relief if a landlord violates the lease agreement or statutory habitability requirements.
Mitigation of Damages
It is important to note that under NDCC § 47-16-13.5, if a tenant vacates a unit in breach of a lease, the landlord has a duty to mitigate damages (attempt to re-rent the unit) rather than simply collecting rent for the remainder of the term.
Protected Activities
Tenants are protected under general Fair Housing principles and state habitability laws when they complain to government agencies about health/safety violations or participate in tenant organizations.
06
LEASE

Mandatory Lease Disclosures

North Dakota has unique requirements that landlords must follow when a lease begins.

Move-In Condition Statement (NDCC § 47-16-07.2)
At the start of every lease, the landlord must provide the tenant with a written statement describing the condition of the unit. Both the landlord and tenant must sign this. - Note: If the landlord fails to provide this signed statement, it is significantly harder for them to legally withhold your security deposit for damages later.
Owner/Manager Identity
The landlord must provide the name and address of the property manager and the owner (or the person authorized to accept legal papers).
Unique To North Dakota

Protections you won't find everywhere else.

01
Domestic Violence Protections (NDCC § 47-16-17.1)
Tenants who are victims of domestic violence, sexual assault, or stalking have the right to terminate their lease early without penalty.
02
Rent Control Preemption (NDCC § 47-16-02.1)
North Dakota state law prohibits cities or counties from enacting rent control. This means there are no legal limits on how much a landlord can increase rent at the end of a lease term, provided they give proper notice.
Cities with local protections

These North Dakota cities layer extra tenant protections on top of state law: Dickinson, Fargo, Grand Forks, Halliday, Minot, Williston.

Common Questions

Frequently Asked

Security deposit limits in North Dakota are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the North Dakota statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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