At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | Plus up to $2,500 for pet deposits |
| Rent control? | No | No statewide or local rent control laws |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Month-to-month can be oral |
| Landlord entry notice? | Reasonable notice | No specific statute; reasonable notice implied |
Security Deposits
North Dakota law limits security deposits and provides guidelines for their return.
Landlords may charge up to one month's rent as a security deposit. In addition, landlords may collect a separate pet deposit of up to $2,500 if the tenant keeps a pet on the premises. The pet deposit is in addition to the standard security deposit.
Landlords must return the deposit within 30 days of the tenant vacating the unit, along with an itemized statement of any deductions. The deposit does not need to be held in a separate account, and no interest is required.
cite: N.D. Cent. Code § 47-16-07.1
Eviction Procedures
North Dakota requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Unconditional Quit: For nonpayment of rent, the landlord may serve a 3-day notice to vacate with no option to cure
- 3-Day Notice: For lease violations involving health or safety, the landlord may serve a 3-day unconditional quit notice
- 30-Day Termination Notice: For month-to-month tenancies, either party may terminate with 30 days' notice
- No specific cure period: North Dakota does not provide a general cure period for lease violations; the landlord may proceed with eviction after providing appropriate notice
North Dakota does not have a just cause eviction requirement. Landlords may terminate month-to-month tenancies for any lawful reason with proper notice.
cite: N.D. Cent. Code § 47-16-15
Rent Control
North Dakota does not have any form of rent control. There are no statewide or local laws that cap rent increases. Landlords may raise rent by any amount with proper notice, subject to the terms of any existing lease agreement.
No municipalities in North Dakota have enacted rent control ordinances.
cite: N.D. Cent. Code § 47-16-01 et seq.
Lease Agreements
North Dakota does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing to be enforceable under the Statute of Frauds.
Required Disclosures
North Dakota landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Known deficiencies: Any known health or safety hazards in the unit
- Sex offender registry: The landlord is not required to disclose, but the registry is publicly available
- Move-in checklist: Recommended to document the condition of the unit at move-in
cite: N.D. Cent. Code § 47-16-07.2
Tenant Rights
North Dakota provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in a fit and habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or joining tenant organizations
- Discrimination protection: The North Dakota Human Rights Act prohibits discrimination based on race, color, religion, sex, national origin, age, disability, familial status, and status with respect to public assistance
- Right to privacy: Although no specific statute mandates a notice period, landlords must provide reasonable notice before entering a tenant's unit except in emergencies
- Repair remedies: Tenants may pursue remedies if the landlord fails to maintain the property in habitable condition, including withholding rent in certain circumstances