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McLean County North Dakota
McLean County · North Dakota

McLean County Landlord-Tenant Law

North Dakota landlord guide — Washburn, Garrison, Lake Sakakawea, Garrison Dam, rural energy and agricultural economy, Fort Berthold Reservation border county & NDCC Ch. 47-16 / 47-32

🏛️ County Seat: Washburn
👥 Population: ~10,000
💧 State: ND

Landlord-Tenant Law in McLean County, North Dakota

McLean County is a central North Dakota county of approximately 10,000 residents spread across a large and geographically varied landscape shaped by two defining features: Garrison Dam and the reservoir it created. Completed in 1956 by the U.S. Army Corps of Engineers, Garrison Dam is one of the largest earthen dams in the United States and impounds the Missouri River into Lake Sakakawea — North Dakota’s largest body of water, stretching over 180 miles westward from the dam along the county’s western and southwestern boundary. The dam and its reservoir are the most consequential geographic facts in McLean County, providing hydroelectric power, flood control, irrigation water, and a massive recreation resource that draws anglers, boaters, and campers from across the region. They also shaped McLean County’s settlement pattern by inundating the original reservation lands of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara Nation) on the Fort Berthold Reservation to the west.

The county seat is Washburn, a small community of approximately 1,286 people on the Missouri River north of Bismarck. Garrison, on the shore of Lake Sakakawea, is the county’s largest city at roughly 1,400 residents and serves as the primary service center for the lake’s recreation economy. McLean County’s economy is driven by agriculture, energy (coal and power generation from Garrison Dam, with power lines and related infrastructure employment), healthcare through Dakota Central Medical Center in Garrison, county and school district government, and the modest commercial activity that serves the county’s dispersed rural population. The county has a notably high median household income (~$82,000) relative to its size, reflecting the prosperity of agricultural landowners, energy sector workers, and skilled tradespeople in the area.

All residential landlord-tenant matters in McLean County are governed by NDCC Ch. 47-16 and Ch. 47-32. Eviction actions are filed at the McLean County District Court in Washburn, part of the South Central Judicial District. No rent control exists in McLean County. No just-cause eviction requirement applies. Properties on Fort Berthold Reservation trust land to the west may be subject to Three Affiliated Tribes tribal jurisdiction — landlords renting on tribal land should consult an attorney familiar with both state and tribal law.

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📊 McLean County Quick Stats

County Seat Washburn (~1,286)
Largest City Garrison (~1,400, on Lake Sakakawea)
Population ~10,000 (very rural)
Median Rent ~$500–$750 (very affordable)
Major Employers Agriculture, Garrison Dam (U.S. Army Corps of Engineers), Dakota Central Medical Center, coal & energy sector, McLean County government, Washburn/Garrison school districts
Median HH Income ~$82,000 (high for county size — reflects ag/energy wealth)
Rent Control None
Landlord Rating 5/10 — very small market, low rental volume, strong incomes but thin demand; niche rural/recreation-adjacent market

⚖️ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Pay or Quit
Lease Violation 3-Day Notice to Quit (no cure right)
Month-to-Month 30-Day Written Notice
Court McLean County District Court (South Central Judicial District)
Courthouse Address 712 5th Ave, Washburn, ND 58577
Mailing Address P.O. Box 1108, Washburn, ND 58577
Court Phone (701) 462-8829
Court Hours Mon–Fri 8:00 a.m.–5:00 p.m.
Filing Fee ~$80
Hearing Set 3–15 days after summons served
Hardship Stay Up to 5 days (court discretion)
Avg Timeline 2–5 weeks
Attorney Fees Recoverable by prevailing landlord (§ 47-32-04)

McLean County Local Ordinances & Landlord Rules

County and municipal rules that apply alongside North Dakota state law

Category Details
Rental Registration No mandatory landlord licensing or rental registration at the county or city level. Neither Washburn nor Garrison requires a blanket landlord registration for standard long-term residential rentals. Code enforcement is complaint-driven. Short-term rental operators (particularly those offering lake access properties near Lake Sakakawea) must comply with local zoning requirements and North Dakota tourism tax obligations.
Rent Control No rent control in McLean County. Month-to-month tenancies require 30 days’ written notice before rent increases (NDCC § 47-16-07). McLean County rents are among the most affordable in North Dakota, with a cost-of-living index of approximately 80 (20% below the national average). The high median household income reflects owner-occupied agricultural and energy wealth rather than a high-rent tenant market.
Security Deposit Cap of one month’s rent for standard tenancies (NDCC § 47-16-07.1). Pet deposit up to the greater of $2,500 or two months’ rent. Felony conviction tenants: up to two months’ rent permitted. Return within 30 days of tenant surrendering premises. Interest required if occupancy is 9+ months. Move-in checklist required — both parties must sign.
Landlord Entry No statutory notice period in North Dakota. Entry must occur at reasonable times for legitimate purposes. Emergency entry permitted without notice. Lease terms define entry procedures.
Late Fees Must be stated in the written lease. Mandatory 3-day grace period applies (§ 47-16-07(2)) — no late fee may be charged during the grace period. No statutory cap on the late fee amount.
Lake Sakakawea Recreation Economy Lake Sakakawea is one of the largest reservoirs in the United States and a premier walleye fishery, drawing anglers and recreational boaters from across the region particularly in summer months. Garrison, on the lake’s eastern shore, is the primary gateway community with marinas, boat launches, campgrounds, and lodging. Landlords near Garrison may benefit from seasonal short-term rental demand from anglers and recreation visitors, subject to local zoning compliance and North Dakota sales and lodging tax obligations. Long-term rental demand in Garrison is driven primarily by local employment (school district, county, Dakota Central Medical Center, lake-related commercial services) rather than recreation visitors.
Fort Berthold Reservation — Tribal Jurisdiction The Fort Berthold Reservation (home of the Three Affiliated Tribes — Mandan, Hidatsa, and Arikara Nation) borders McLean County to the west across Lake Sakakawea. Rental properties located on tribal trust land within the reservation are subject to tribal jurisdiction rather than North Dakota state law for many purposes, including potentially landlord-tenant law and eviction. Landlords renting on tribal trust land should consult with an attorney experienced in both North Dakota state law and Three Affiliated Tribes tribal law. Properties on fee land within the reservation’s exterior boundaries may present a mixed jurisdiction analysis.
Legal Entities in Eviction LLCs, corporations, and other legal entities must be represented by a licensed North Dakota attorney in all eviction proceedings. Pro se representation is available only to individual natural persons. (Wetzel v. Schlenvogt, 2005.)
2025 Eviction Record Sealing (SB 2238) Tenants may petition to seal eviction records 7 years after satisfying judgment with no subsequent evictions. Dismissals and tenant-favorable outcomes may be sealed immediately. DV victims may petition for immediate sealing. In a small rural market like McLean County, personal references from prior landlords and community connections often supplement formal court record searches as screening tools.
Just-Cause Eviction No just-cause eviction requirement in McLean County. Month-to-month tenancies may be terminated with 30 days’ written notice without cause. Fixed-term leases end at expiration without renewal obligation.

Last verified: May 2026 · Source: NDCC Ch. 47-16 · NDCC Ch. 47-32

🏛️ Courthouse Information

Where landlords file eviction actions in McLean County

🏛️ Courthouse Information and Locations for North Dakota

💸 Eviction Cost Snapshot

Typical fees for a McLean County eviction

💰 Eviction Costs: North Dakota
Filing Fee $80
Total Est. Range $150-350
Service: — Writ: —

North Dakota Eviction Laws

NDCC Ch. 47-16 and Ch. 47-32 statutes, notice requirements, and landlord rights that apply in McLean County

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
14-30
Avg Total Days
$$80
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit
Notice Period 3 days
Tenant Can Cure? Yes - tenant can pay all rent within 3-day notice period to stop eviction
Days to Hearing 3-15 (hearing set 3-15 days after summons served) days
Days to Writ Immediate after judgment (5-day hardship stay possible) days
Total Estimated Timeline 14-30 days
Total Estimated Cost $150-350
⚠️ Watch Out

CRITICAL: North Dakota is very landlord-friendly. 3-day notice for nonpayment after rent is 3 days past due. No cure right beyond the 3-day notice period. Eviction law strictly limits combining eviction with other lease claims. Court issues judgment for immediate restitution if landlord prevails (§ 47-32-04). Hardship exception: if tenant shows immediate removal causes substantial hardship (except for disturbing peace), court may stay writ up to 5 days. Tenant can request case be heard by District Court judge (rather than judicial referee) within 7 days. Security deposit may be applied to unpaid rent/fees by court. NEW (2025): SB 2238 allows tenants to petition for sealing eviction records 7 years after satisfying judgment (no subsequent evictions); DV victims can seal immediately.

Underground Landlord

📝 North Dakota Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the State District Court - Eviction Action (NDCC Ch. 47-32). Pay the filing fee (~$$80).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about North Dakota eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified North Dakota attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: North Dakota landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in North Dakota — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need North Dakota's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Cities in McLean County

Major communities within this county

📍 McLean County at a Glance

Washburn (county seat, McLean County Courthouse, Missouri River), Garrison (largest city, Lake Sakakawea gateway, premier walleye fishery, Dakota Central Medical Center), Underwood (coal country). Garrison Dam / Lake Sakakawea. Fort Berthold Reservation border. High income rural market. 3-day pay or quit, no rent control, no just-cause eviction.

McLean County

Screen Before You Sign

Stable profiles: McLean County government and school district employees, Dakota Central Medical Center staff, U.S. Army Corps of Engineers personnel at Garrison Dam, coal and utility sector workers, established agricultural families. In this small close-knit market, personal references from prior landlords and community connections are especially valuable. Verify income at 3x rent; run ND District Court eviction records. For tribal-area properties, confirm applicable law jurisdiction.

Run a Tenant Background Check →

A Landlord’s Guide to Renting in McLean County, North Dakota

McLean County represents a fundamentally different kind of North Dakota rental market than the ones covered in the first nine entries of this top-10 list. Where Cass, Burleigh, Grand Forks, and Ward counties have tens of thousands of renters and active institutional rental markets, McLean County’s total population barely exceeds 10,000 — spread across a geographic area that would encompass several eastern states. The rental market is thin by volume but interesting by character: a rural market shaped by a massive federal water project, a recreation economy built around one of the Great Plains’ premier fisheries, proximity to a tribal nation whose history is intertwined with the dam that changed the Missouri River, and an agricultural and energy economy whose wealth shows up in income statistics that would surprise anyone who associates rural North Dakota with poverty. McLean County is a county of long-term residents, deep community ties, and a modest but functional rental stock that serves workers who cannot or prefer not to own.

Garrison Dam and Lake Sakakawea: Defining Geography

Garrison Dam is one of the most significant pieces of federal infrastructure in the northern plains. One of the largest earthen dams ever built, it stretches over two miles across the Missouri River and impounds Lake Sakakawea, a reservoir whose shoreline exceeds 1,500 miles and whose surface area of approximately 370,000 acres makes it the largest body of water in North Dakota and one of the largest man-made lakes in the United States. The dam was completed in 1956 as part of the Pick-Sloan Missouri Basin Program, designed to provide flood control downstream, generate hydroelectric power, and support irrigation — goals that were achieved at the cost of inundating nearly 156,000 acres of the Fort Berthold Reservation and displacing most of the Three Affiliated Tribes’ population from their ancestral river communities to upland sites.

For McLean County landlords, the dam and reservoir are an economic asset and a geographic anchor. The U.S. Army Corps of Engineers maintains a presence at Garrison Dam with engineers, maintenance workers, operations staff, and administrative employees whose federal employment provides stable income. Lake Sakakawea’s reputation as a world-class walleye fishery draws hundreds of thousands of anglers, boaters, and campers each year, supporting the commercial economy of Garrison and generating seasonal demand for short-term vacation rentals near lake access points. The North Dakota Game and Fish Department, the U.S. Fish & Wildlife Service, and various state and federal agencies maintain presences in the region connected to the reservoir’s resource management.

The Rural Economy: Agriculture, Energy, and Healthcare

McLean County’s agricultural economy is based primarily on grain farming (spring wheat, corn, sunflowers) and cattle ranching across the county’s rolling plains. The high median household income reflects the prosperity of farm families who own land whose value has appreciated substantially — though farm operators who own rather than rent their homes are generally not part of the rental market. The energy sector has historically included coal mining and power generation in the Underwood area, where the Coal Creek Station (a coal-fired generating plant) was a major employer for many years, though the facility transitioned away from coal generation. McLean County’s rental demand from the energy sector has therefore been more modest than in counties closer to active oil drilling. Dakota Central Medical Center in Garrison is the primary healthcare employer, serving as the regional hospital for northwestern McLean County and the Lake Sakakawea area.

The Fort Berthold Reservation Context

The Fort Berthold Reservation borders McLean County to the west, separated in large part by Lake Sakakawea. The Three Affiliated Tribes — the Mandan, Hidatsa, and Arikara (MHA) Nation — are the sovereign government of the reservation, and tribal trust land is subject to tribal jurisdiction for many legal purposes. The Bakken oil boom dramatically enriched the Fort Berthold Reservation, which sits atop productive Bakken Formation wells, giving the Three Affiliated Tribes substantial oil royalty revenues and making the MHA Nation one of the wealthier tribal governments in the region. This oil wealth has supported tribal services, infrastructure, and employment that spill over into the surrounding counties. Landlords with properties on or near the Fort Berthold Reservation boundary should understand the jurisdictional complexity of tribal land; state landlord-tenant law applies to fee land, but tribal trust land is a different jurisdiction requiring legal consultation.

The Small-Market Landlord Reality

Operating as a landlord in McLean County is fundamentally different from operating in Fargo or Bismarck. The market is small enough that personal reputation matters enormously — landlords know tenants, tenants know landlords, and the community grapevine carries information that formal screening systems don’t capture. A landlord with a reputation for fair dealing and responsive maintenance will not struggle to fill vacancies in this market; one with a reputation for neglect or aggressive enforcement will find the small tenant pool cautious. The flip side is that a tenant with a poor local reputation has nowhere to hide. In a market this small, references from prior landlords who you can actually call and who know you are worth more than any credit report.

North Dakota’s 3-day notice and fast eviction process are available when needed, but in a county of 10,000 people, an eviction is a community event in a way it never is in Fargo. Preventive screening — income verification, employment confirmation, local references, prior landlord conversations — is the most important discipline a McLean County landlord can practice.

McLean County landlord-tenant matters are governed by NDCC Ch. 47-16 and Ch. 47-32. Nonpayment notice: 3-day pay or quit (after 3-day grace period). Lease violation: 3-day quit (no cure). Month-to-month termination: 30-day written notice. Security deposit cap: 1 month’s rent; pet deposit up to $2,500 or 2 months. Deposit return: 30 days; interest required if occupancy 9+ months. Late fees must be in lease; no charge during 3-day grace period. Note: Properties on Fort Berthold Reservation trust land may be subject to MHA tribal jurisdiction — consult an attorney. Legal entities must use licensed ND attorney in eviction. Attorney fees recoverable (§ 47-32-04). Hardship stay: up to 5 days. Eviction filed at McLean County District Court, 712 5th Ave, Washburn, ND 58577 (P.O. Box 1108); phone (701) 462-8829. Filing fee ~$80. South Central Judicial District. Court hours Mon–Fri 8am–5pm. 2025 SB 2238: eviction record sealing after 7 years. No rent control. No just-cause eviction. Last updated: May 2026.

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Disclaimer: This page provides general information about landlord-tenant law in McLean County, North Dakota and is not legal advice. Laws change frequently. Always verify current requirements with a licensed North Dakota attorney before taking legal action. Last updated: May 2026.

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