North Dakota Landlord-Tenant Laws: What Renters Need to Know

1. Overview: North Dakota’s Landlord-Tenant Laws

North Dakota’s landlord-tenant rules live primarily in two chapters of the North Dakota Century Code (NDCC). Chapter 47-16 covers the leasing of real property — security deposits, habitability, lease termination, and landlord obligations. Chapter 47-32 handles eviction procedures.

Compared to coastal states, North Dakota is generally more landlord-friendly. There’s no rent control, no just cause eviction requirement, and no specific statutory number of hours for landlord entry notice. But that doesn’t mean tenants are without protection. North Dakota actually has one of the stricter security deposit laws in the country — deposits are capped at one month’s rent, they must be held in interest-bearing accounts, and landlords face treble damages for wrongful withholding.

The state also adopted portions of the Uniform Residential Landlord and Tenant Act, which means there’s a strong implied warranty of habitability that landlords can’t waive. These laws apply to most residential rentals. Commercial leases and agricultural land are governed by different provisions.

2. Security Deposit Rules

Security deposit disputes are the most common landlord-tenant conflict in North Dakota. The good news? The rules are clear, the caps are real, and the penalties for landlord violations are steep.

Deposit Limits

Under NDCC 47-16-07.1, your landlord can’t charge more than one month’s rent as a security deposit. That’s a hard cap. There are only two exceptions:

• Felony conviction: A landlord can charge up to two months’ rent from a tenant convicted of a felony, as an incentive for the landlord to rent to them
• Prior rental judgment: If you have a judgment against you for violating a previous rental agreement, the landlord can also charge up to two months’ rent

Pet deposits are separate and capped at the greater of $2,500 or two months’ rent. Service animals and companion animals for tenants with disabilities are exempt — your landlord can’t charge a pet deposit for them.

Where the Deposit Must Be Held

Here’s something most tenants don’t know: your landlord must deposit your security deposit in a federally insured interest-bearing savings or checking account. Not a shoebox. Not a general operating account. An actual interest-bearing account at a bank or credit union. This is required under NDCC 47-16-07.1.

Interest on Your Deposit

If you live in the unit for nine months or longer, your landlord must pay you the interest earned on your security deposit when the lease ends (NDCC 47-16-07.1). If you’re there less than nine months, the landlord keeps the interest.

Return Deadline

Your landlord has 30 days after the lease terminates and you deliver possession to return your deposit. Along with any remaining balance, they must send you a written itemized list of deductionsto your last known address. Vague descriptions won’t cut it — the itemization needs to be specific enough for you to understand what each charge is for.

Penalty for Non-Compliance

North Dakota doesn’t mess around here. If your landlord withholds your deposit money without reasonable justification, you can sue for treble damages — that’s three times the amount wrongfully withheld. If they kept $500 they shouldn’t have, you could recover $1,500.

Move-In Condition Statement

Under NDCC 47-16-07.2, your landlord must provide a written statement describing the condition of the unit when you move in. Both you and the landlord sign it. This document is critical — it’s the baseline for determining what counts as “damage” versus normal wear when you move out. If your landlord never gave you one, they’ll have a much harder time justifying deductions from your deposit.

3. Eviction Procedures and Notice Requirements

Evictions in North Dakota are governed by NDCC Chapter 47-32. The process moves fast compared to many states, and there’s no just cause eviction requirement. But your landlord still has to follow the legal process — they can’t just change the locks or toss your stuff on the curb.

Grounds for Eviction

Under NDCC 47-32-01, a landlord can pursue eviction when:

• You don’t pay rent (rent is considered late three days after the due date)
• You violate the terms of your lease
• You hold over after the lease expires
• The property is sold under certain circumstances
• You commit waste or use the property for unlawful purposes

The Eviction Process

North Dakota doesn’t require a “pay or quit” notice before filing for eviction. Once grounds exist, the landlord can file an eviction complaint directly with the district court. Here’s how the timeline works:

• Service of summons: At least 3 days before the hearing for personal service within the county, or at least 7 days if served outside the county or by other means
• Hearing: Scheduled 3 to 15 days after the summons is issued
• Judgment: If the court rules for the landlord, you’ll typically have a few days to vacate before a writ of restitution is issued

That means from the day you get served, you could be looking at a hearing in as few as three days. It’s fast. If you receive an eviction summons, take it seriously and consider contacting Legal Services of North Dakota immediately.

Illegal Self-Help Evictions

Your landlord cannot change the locks, shut off utilities, remove your belongings, or physically bar you from the unit. Only a court can order an eviction, and only a sheriff or officer of the court can carry it out. If your landlord tries to force you out without going through the courts, that’s an illegal self-help eviction.

4. Landlord Entry and Notice Rules

North Dakota takes a less prescriptive approach to landlord entry than many states. There’s no statute that says “24 hours’ notice required.” Instead, the law uses a reasonableness standard.

Reasonable Notice Required

Your landlord must give you reasonable notice before entering your unit and should enter only at a reasonable time with your consent. While North Dakota doesn’t specify an exact number of hours in statute, courts and legal practitioners generally consider 24 hours to be reasonable. Your landlord can’t just show up unannounced at 11 p.m. to “check on things.”

Emergencies

The exception is genuine emergencies. If there’s a burst pipe, a gas leak, or a fire, your landlord can enter without notice to protect the property and the safety of occupants. But “I wanted to see if the furnace was working” doesn’t qualify as an emergency.

What to Do About Unauthorized Entry

If your landlord is entering without notice or at unreasonable hours, document it. Keep a log with dates and times. Send a written notice citing your right to quiet enjoyment of the premises. If the behavior continues, it could constitute a breach of the lease and give you grounds to terminate.

5. Habitability Standards and Repairs

North Dakota has a solid implied warranty of habitability. Under NDCC 47-16-13.1, your landlord must keep the premises in a fit and habitable condition. And here’s the part that matters: this warranty cannot be waived. Any lease clause that tries to make you responsible for maintaining the basic livability of the unit is void.

What Your Landlord Must Provide

Under NDCC 47-16-13.1, your landlord is required to:

• Comply with applicable building and housing codes that materially affect health and safety
• Make all repairs necessary to keep the premises fit and habitable
• Keep common areas clean, safe, and in good repair
• Maintain all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good and safe working order
• Provide and maintain appropriate receptacles for trash removal
• Supply running water and reasonable amounts of hot water at all times

Your Remedies When Repairs Aren’t Made

Say your furnace dies in January — and this is North Dakota, so that’s genuinely dangerous. You notify your landlord, and nothing happens. Under NDCC 47-16-13 and 47-16-13.2, you have options:

• Repair and deduct: Make the repair yourself and deduct the cost from your rent
• Terminate the lease: If the condition makes the unit uninhabitable, you can vacate and end the lease without further rent obligation
• Sue for damages: Recover the cost of repairs or other damages in court

You must give the landlord reasonable notice and a reasonable time to make repairs before exercising these remedies. What’s “reasonable” depends on the severity — a broken heater in winter gets a shorter leash than a dripping faucet in July.

6. Rent Payment Rules

When Is Rent Due?

Rent is due on the date specified in your lease. If the lease doesn’t say, rent is typically due at the beginning of each rental period. Most leases set the first of the month.

Late Fees and Grace Periods

North Dakota doesn’t have a statutory grace period for late rent. Under NDCC 47-32-01, rent that isn’t paid within three days of the due date is considered delinquent, and your landlord can begin eviction proceedings. Your lease may provide a grace period, but the state doesn’t require one.

There’s also no statutory cap on late fees. Whether a late fee is enforceable depends on your lease terms and whether the amount is reasonable. Courts can strike down late fees that function as penalties rather than reasonable estimates of the landlord’s actual damages.

Rent Increases

North Dakota has no rent control. Your landlord can raise rent by any amount. For month-to-month tenancies, they must give at least 30 days’ written notice before the change takes effect (NDCC 47-16-07). During a fixed-term lease, rent can’t increase unless the lease contains a rent escalation clause.

7. Lease Termination and Breaking a Lease

Ending a Month-to-Month Tenancy

Under NDCC 47-16-15, either party can end a month-to-month tenancy by giving at least one calendar month’s written notice. That’s one full calendar month, not just 30 days. If you want to leave at the end of June, you need to give notice before June 1.

If your landlord changes lease terms (like raising rent) under NDCC 47-16-07 with 30 days’ notice, you can respond by terminating the lease at the end of that month with at least 25 days’ notice.

Breaking a Fixed-Term Lease

If you’re on a one-year lease and need out early, you’re generally liable for the remaining rent. But North Dakota law recognizes several valid reasons for early termination:

• Uninhabitable conditions: If your landlord fails to maintain the unit after reasonable notice (NDCC 47-16-13 and 47-16-13.2)
• Domestic violence: Under NDCC 47-16-17.1, victims of domestic violence can terminate a lease without penalty if they have a qualifying court order. You’re responsible for the month’s rent plus one additional month
• Military deployment: Under the federal Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043), active-duty servicemembers can terminate with proper notice

Landlord’s Duty to Mitigate

Under NDCC 47-16-13.5, your landlord must make reasonable efforts to re-rent the unit if you break your lease. You’re only on the hook for rent until a new tenant moves in. Your landlord can’t just sit back, leave the unit empty, and bill you for the entire remaining lease term. This is a real protection — not every state requires it.

8. Retaliation Protections

Here’s the thing about North Dakota: the retaliation protections aren’t as strong or explicit as in most other states. North Dakota doesn’t have a broad anti-retaliation statute that covers complaints about habitability, code enforcement calls, or joining a tenants’ organization.

What Is Protected

There are some protections. Landlords cannot raise rent in retaliation for a tenant exercising a legal right, such as filing a legitimate complaint with a housing authority. And under NDCC 47-16-17.1, landlords are specifically prohibited from retaliating against tenants who exercise their right to terminate a lease due to domestic violence. Violations can result in $1,000 in statutory damages.

The Gap in Protection

But beyond those specific situations, the protections are thin. North Dakota courts have signaled they might accept retaliation as a defense in eviction proceedings, but there’s no established body of case law confirming it. If you’re worried about retaliation after reporting a code violation or requesting repairs, document everything — written communications, photos, timelines — and consult an attorney.

9. Fair Housing Protections

North Dakota’s fair housing protections come from two state statutes plus federal law. Together, they cover more ground than you might expect.

North Dakota Housing Discrimination Act (NDCC 14-02.5)

The North Dakota Housing Discrimination Act prohibits discrimination in housing based on:

• Race
• Color
• Religion
• Sex
• National origin
• Disability (physical or mental)
• Familial status (having children under 18)
• Status with respect to marriage
• Status with respect to public assistance

Those last two go beyond federal law. Your landlord can’t refuse to rent to youbecause you’re unmarried, because you receive housing assistance, or because you use a Housing Choice Voucher (Section 8). Not every state has this protection.

Where to File a Complaint

The North Dakota Department of Labor and Human Rights enforces the state’s fair housing law. You can file a complaint through their office at nd.gov/labor/housing-discrimination-act.

Federal Protections

The federal Fair Housing Act (42 U.S.C. §§ 3601–3619) provides baseline protections covering race, color, religion, sex, national origin, familial status, and disability. You can file a federal complaint with HUD’s Office of Fair Housing and Equal Opportunity within one year of the discriminatory act.

10. North Dakota-Specific Rules

A few rules are worth highlighting because they’re unique to North Dakota or differ meaningfully from neighboring states.

No Rent Control

North Dakota has no rent control. There are no state or local laws limiting how much your landlord can raise rent. During a fixed-term lease, rent can’t increase unless the lease allows it. For month-to-month tenancies, 30 days’ written notice is required before a rent increase takes effect.

Mandatory Move-In Condition Statement

Under NDCC 47-16-07.2, landlords must provide — and both parties must sign — a written statement describing the condition of the premises at move-in. This is your proof of what the unit looked like before you lived there. If your landlord skips this step, it weakens their ability to justify deposit deductions. Take photos on move-in day too, just in case.

Interest-Bearing Deposit Accounts

North Dakota is one of a handful of states that requires security deposits to be held in federally insured interest-bearing accounts. And if you stay nine months or longer, you’re entitled to that interest. Most tenants never ask about it — but you should.

Domestic Violence Lease Termination

NDCC 47-16-17.1 gives domestic violence victims a clear path to break a lease safely. If you have a protection order, restraining order, or other qualifying court order, you can terminate without the standard early-termination penalties. You owe rent through the end of the month plus one additional month. Your landlord must keep the documentation confidential and can’t retaliate.

11. Small Claims Court

Small claims court is usually the most practical route for security deposit and minor landlord-tenant disputes in North Dakota.

• Maximum claim amount: $15,000
• Where to file: The district court in the county where the rental property is located
• Attorney optional: You can represent yourself
• Filing fees: $10 (increasing to $20 as of August 2025)

For security deposit disputes, bring your lease, the move-in condition statement (or evidence that one was never provided), move-out photos, copies of any correspondence with your landlord, and the itemized deduction statement. Given the treble damages provision in NDCC 47-16-07.1, even a modest deposit dispute can be worth pursuing. If your landlord kept $400 without justification, you could recover $1,200 plus court costs.

12. Key North Dakota Statutes

Here’s a quick-reference table of the most important North Dakota landlord-tenant statutes. All are part of the North Dakota Century Code (NDCC) unless otherwise noted.

13. Frequently Asked Questions

14. Sources and References

This guide is based on the following North Dakota statutes and legal resources. Laws can change — always verify current statutes through official sources.

North Dakota Statutes

• NDCC Chapter 47-16 — Leasing of Real Property
• NDCC Chapter 47-32 — Eviction
• NDCC Chapter 14-02.5 — Housing Discrimination
• North Dakota Century Code — Full Index

Federal Statutes

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act — 50 U.S.C. §§ 3901–4043

North Dakota Legal Aid and Government Resources

• Legal Services of North Dakota — free civil legal assistance for qualifying residents
• North Dakota Court System — Legal Self-Help Center
• North Dakota Attorney General — Tenant Rights
• ND Department of Labor and Human Rights — Housing Discrimination

Federal Resources

• HUD Fair Housing Complaint Portal
• Nolo — North Dakota Landlord-Tenant Laws Overview

For tenant rights that apply nationwide, see our Tenant Rights Guide. Looking for another state? Browse our state landlord-tenant law directory. Not sure what a legal term means? Check our rental glossary.