North Dakota landlord-tenant law FAQ
40 answers to common North Dakota landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in North Dakota?
No more than one month's rent (up to two months in specified cases); a separate pet deposit is also allowed, with its own cap.
Verified Source: N.D.C.C. § 47-16-07.1 · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in North Dakota?
Return with a written notice within 30 days after the lease ends and the tenant delivers possession.
Verified Source: N.D.C.C. § 47-16-07.1 · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in North Dakota?
Entry during reasonable hours; unless impractical the landlord must first notify the tenant and get consent for a time certain (consent is presumed if the tenant does not object after notice). No fixed hours in the statute.
Verified Source: N.D.C.C. § 47-16-07.3 · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in North Dakota?
Month-to-month: written notice at least 30 days before the end of the month for new terms or rent to take effect.
Verified Source: N.D.C.C. § 47-16-07 · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in North Dakota, and how much?
North Dakota's landlord-tenant law (N.D.C.C. ch. 47-16, read in full on 2026-10-15) sets no late-fee cap; the lease terms control.
Verified Source: N.D.C.C. ch. 47-16 · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in North Dakota?
3 days' written notice of intention to evict before filing (eviction is allowed when rent is 3 days past due).
Verified Source: N.D.C.C. §§ 47-32-01(4), 47-32-02 · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in North Dakota pass rent control?
Yes. A political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged for private residential or commercial property.
Verified Source: N.D.C.C. § 47-16-02.1 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in North Dakota?
Either party may end a month-to-month tenancy with at least one calendar month's written notice, given at any time, unless they agreed in writing to a longer notice. A lease requiring tenant notice longer than one month from month-end must state it and be initialed by the tenant.
Verified Source: N.D. Cent. Code § 47-16-15(2), (4) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in North Dakota?
Required. Deposits must be kept in a federally insured interest-bearing account for the tenant's benefit, and the deposit plus accrued interest is returned at lease end (subject to lawful deductions). No interest is owed if occupancy was under 9 months.
Verified Source: N.D. Cent. Code § 47-16-07.1 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in North Dakota?
Required. At signing, the landlord must give the tenant a statement of the condition of the premises and facilities, agreed to and signed by both. It is prima facie proof of the move-in condition.
Verified Source: N.D. Cent. Code § 47-16-07.2 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in North Dakota?
N.D.C.C. ch. 47-16 bars refusing to rent to, or otherwise retaliating against, a tenant or applicant only because they used the domestic-violence lease-termination right. The chapter contains no general anti-retaliation provision (whole chapter read).
Verified Source: N.D.C.C. ch. 47-16 (§ 47-16-17.1) · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in North Dakota?
The ND Attorney General says the landlord cannot lock a tenant out, cut off utilities, or confiscate the tenant's belongings.
Verified Source: ND Attorney General, Tenant Rights · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in North Dakota?
If the landlord neglects repairs within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or move out and stop owing rent.
Verified Source: N.D. Cent. Code § 47-16-13 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in North Dakota?
The ND Attorney General says the lease must state whether there is a late fee, its amount, and when it is charged. The landlord must also give the tenant a detailed written statement of the property's condition before move-in.
Verified Source: ND Attorney General, Tenant Rights · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in North Dakota?
Property worth $2,500 or less left in a vacated dwelling may be kept and disposed of without legal process 28 or more days after the landlord learns (or it reasonably appears) the tenant has left. Storage and moving costs above sale proceeds may come out of the deposit.
Verified Source: N.D. Cent. Code § 47-16-30.1 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in North Dakota?
A tenant who is a domestic violence victim, or fears imminent domestic violence from a person named in a court or protection order, may end the lease without penalty. Written notice stating the termination date must be delivered before termination. Landlords must keep the information confidential and may not retaliate.
Verified Source: N.D. Cent. Code § 47-16-17.1 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in North Dakota?
N.D.C.C. ch. 47-16 sets no grace period for late fees (whole chapter read). The ND Attorney General says the lease must state any late fee and when it is charged.
Verified Source: N.D.C.C. ch. 47-16; ND AG Tenant Rights · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in North Dakota?
A search of the full text of N.D.C.C. ch. 47-16, the landlord-tenant statute, found no application-fee limit.
Verified Source: N.D.C.C. ch. 47-16 (searched in full) · last checked 2026-10-15 · Full application fees & screening page
How does the eviction court process work in North Dakota?
The summons sets the tenant's appearance 3 to 15 days after it is issued.
Verified Source: N.D.C.C. § 47-32-02 · last checked 2026-10-15 · Full eviction court process & timeline page
Can a tenant fix something and deduct it from rent in North Dakota?
If the landlord neglects repairs within a reasonable time after the tenant's notice, the tenant may make the repairs and deduct the cost from rent, or move out and stop owing rent.
Verified Source: N.D.C.C. § 47-16-13 · last checked 2026-10-15 · Full repair and deduct page
Does a landlord have to give notice before not renewing a lease in North Dakota?
For residential leases of 2 months or more, a landlord can't enforce an automatic-renewal clause unless it gave the tenant written notice of the clause at least 30 days before the lease ends. Without that notice, the lease converts to month-to-month.
Verified Source: N.D.C.C. § 47-16-06.1 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page
Can a landlord refuse Section 8 or other source of income in North Dakota?
Landlords may not refuse to rent, or discriminate in rental terms, because of a person's status with respect to public assistance.
Verified Source: N.D.C.C. § 14-02.5-02 · last checked 2026-10-15 · Full source of income discrimination page
What is the pet deposits/fees & service/esa animals rule in North Dakota?
A landlord may charge a pet deposit of up to the greater of $2,500 or two months' rent. No pet deposit may be charged for a service animal or companion animal needed as a disability accommodation.
Verified Source: N.D.C.C. § 47-16-07.1(2) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in North Dakota?
A search of the full text of N.D.C.C. ch. 47-16 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: N.D.C.C. ch. 47-16 (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the rent receipts, payment methods & cash rule in North Dakota?
A landlord may not charge a fee for accepting rent or other lease payments in cash, by check or by money order. Code text: "A landlord may not charge a tenant a fee to accept cash, a check, or a money order for the payment of rent or any other payment required by the landlord under a lease for real property."
Verified Source: N.D. Cent. Code § 47-16-20.1 · last checked 2026-10-16 · Full rent receipts, payment methods & cash page
What is the eviction record sealing rule in North Dakota?
A tenant evicted for nonpayment or damage who has resolved all rent and damage claims may move to seal the eviction records seven years after the order was satisfied, if not evicted again in that time. A domestic-violence victim evicted because of the incident may move to seal once the abuser is convicted or a protection order is issued.
Verified Source: N.D.C.C. § 47-32-05 · last checked 2026-10-15 · Full eviction record sealing page
What is the condo conversion protections rule in North Dakota?
A search of the full text of N.D.C.C. ch. 47-04.1 (condominium ownership; §§ 47-04.1-01 et seq.) found no notice, purchase or relocation rights for tenants when rental property is converted to condominiums. Local ordinances may still apply.
Verified Source: N.D.C.C. ch. 47-04.1 (condominium ownership; §§ 47-04.1-01 et seq.) (searched in full) · last checked 2026-10-15 · Full condo conversion protections page
What is the deposit bank holding / separate account rule in North Dakota?
The landlord must put deposit money in a federally insured, interest-bearing savings or checking account for the tenant, and the deposit plus interest is paid to the tenant when the lease ends (subject to allowed deductions). Code text: "shall deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant."
Verified Source: N.D. Cent. Code § 47-16-07.1(1) · last checked 2026-10-16 · Full deposit bank holding / separate account page
What happens to the lease when a tenant dies in North Dakota?
When a residential tenant dies, a surviving tenant or the estate can choose to end the lease on the last day of the month after the month of death, unless the lease expires sooner. Code text: "Upon the death of a lessee of real property for residential purposes, however, and at the option of any surviving lessee or of the estate of the decedent, the lease terminates on the last day of the month in the month following the death of the lessee unless the lease term expires before that time."
Verified Source: N.D. Cent. Code § 47-16-18 · last checked 2026-10-16 · Full death of a tenant page
What happens if a tenant stays after the lease ends in North Dakota?
If a residential tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed as month-to-month, unless the lease has an automatic renewal clause. Code text: "if a lessee of real property for residential purposes remains in possession of the property after the expiration of the lease and the lessor accepts rent from the lessee, the parties are presumed to have renewed the lease as a month-to-month tenancy."
Verified Source: N.D. Cent. Code § 47-16-06 · last checked 2026-10-16 · Full holdover tenants page
What is the eviction notices for other grounds (lease violation, no-fault) rule in North Dakota?
Eviction is allowed when a tenant violates a material term of the written lease. Before filing, the landlord must give 3 days' written notice of intention to evict. Code text: "three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted."
Verified Source: N.D.C.C. §§ 47-32-01(8), 47-32-02 · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the manufactured / mobile home parks rule in North Dakota?
Mobile home park owners must give at least 30 days' written notice before park rule changes take effect. Month-to-month agreements must give 90 days' notice before a rent increase, and a park cannot force a tenant to sell their home to the park. Code text: "Any month-to-month tenancy agreement must provide a minimum of ninety days' notice to the tenant before any rent increase is effective."
Verified Source: N.D.C.C. § 47-10-28 · last checked 2026-10-16 · Full manufactured / mobile home parks page
What is the domestic violence early termination rule in North Dakota?
A tenant who is a domestic violence victim, or fears imminent domestic violence, may end the lease without penalty by delivering advance written notice stating the termination date. Code text: "may terminate a lease agreement, as provided in this section, without penalty or liability."
Verified Source: N.D. Cent. Code § 47-16-17.1 · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in North Dakota?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the tenant buyout disclosures rule in North Dakota?
The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: N.D. Cent. Code ch. 47-16 (Leasing of Real Property) · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in North Dakota?
The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: N.D. Cent. Code ch. 47-16 (Leasing of Real Property) · last checked 2026-10-16 · Full guest & occupancy limits page
Can a tenant sublet an apartment in North Dakota?
The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), read in full on 2026-10-16) has no provision on subletting or assignment by residential tenants. Local ordinances or other state or federal laws may still apply.
Verified Source: N.D. Cent. Code ch. 47-16 (Leasing of Real Property) · last checked 2026-10-16 · Full subletting & assignment page
What is the property manager licensing rule in North Dakota?
In North Dakota, leasing real estate for another for compensation is brokerage (§ 43-23-06.1), which requires a license from the real estate commission. Statute text: "A person may not act as a real estate broker or real estate salesperson, or advertise or assume to act as a real estate broker or real estate salesperson, without a license issued by the real estate commission" (N.D.C.C. §§ 43-23-05, 43-23-06.1(9)).
Verified Source: N.D.C.C. §§ 43-23-05, 43-23-06.1(9) · last checked 2026-10-16 · Full property manager licensing page
Does a landlord have to provide smoke and carbon monoxide detectors in North Dakota?
All residential rental property must have smoke detection systems. In single-family rentals the tenant maintains and inspects the system; in other dwellings the landlord installs it and makes sure it works when each new tenant moves in, and the tenant maintains it during the tenancy. On written request, a landlord with more than one building or more than four units must provide a visual alarm for a deaf tenant. Statute text: "All residential rental property with the exception of property covered by section 23-09-02.1 must be equipped with smoke detection systems or other approved alarm systems for the protection of occupants of the property" (N.D.C.C. § 23-13-15).
Verified Source: N.D.C.C. § 23-13-15 · last checked 2026-10-16 · Full smoke & co detectors page
Can a landlord deny a tenant for criminal or credit history in North Dakota?
North Dakota's leasing-of-real-property chapter (N.D. Cent. Code ch. 47-16, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.
Verified Source: N.D. Cent. Code ch. 47-16 · last checked 2026-10-16 · Full criminal & credit history rules page
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