ND
North Dakota Landlord-Tenant Laws
Security Deposit Limits and Requirements
NDCC § 47-16-07.1
⏰ Timeline
Prior to or at occupancy; condition statement at move-in
✅ Key Requirements
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- MAXIMUM: 1 month's rent (standard security deposit)
- PET DEPOSIT (additional, if applicable):
- • Up to $2,500, OR
- • Up to 2 months' rent
- • Whichever is GREATER
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Security Deposit Return Timeline
NDCC § 47-16-07.1
⏰ Timeline
30 days after lease termination and delivery of possession
✅ Key Requirements
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- TIMELINE: 30 days after BOTH:
- • Lease termination, AND
- • Delivery of possession (tenant moves out, returns keys)
- • Whichever occurs LAST
- Must return:
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Allowable Security Deposit Deductions
NDCC § 47-16-07.1
⏰ Timeline
Deductions must be itemized within 30-day return period
✅ Key Requirements
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- ALLOWED DEDUCTIONS:
- • Unpaid rent
- • Damage beyond ordinary wear and tear
- • Cleaning costs (if needed to restore original condition)
- • Costs to remedy lease violations
- +36 more requirements
Late Fees and Rent Payment Rules
NDCC § 47-16-07
⏰ Timeline
Due as specified in lease; typically no mandatory grace period
✅ Key Requirements
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- NO STATUTORY LIMIT on late fee amount
- Late fees must be REASONABLE:
- • Courts look at whether fee is compensatory vs. punitive
- • Should approximate landlord's actual costs/damages
- • Industry standard: 5-10% of monthly rent or $50-75 flat fee
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Rent Increase Requirements
NDCC § 47-16-15
⏰ Timeline
30 days' written notice for month-to-month; cannot increase during fixed lease term
✅ Key Requirements
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- NO RENT CONTROL in North Dakota (no maximum increase)
- FIXED-TERM LEASE:
- • Rent is locked for entire lease term
- • Cannot increase unless lease explicitly allows
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Eviction for Nonpayment of Rent
NDCC § 47-32-02
⏰ Timeline
3 days to pay or quit; then immediate court filing
✅ Key Requirements
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- 3-DAY NOTICE TO PAY OR QUIT required
- NOTICE REQUIREMENTS:
- • Must be in writing
- • Must demand payment of rent OR possession
- +32 more requirements
Eviction for Lease Violations
NDCC § 47-16-13
⏰ Timeline
3 days to cure or quit for curable violations; immediate for non-curable
✅ Key Requirements
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- TWO TYPES OF VIOLATIONS:
- CURABLE VIOLATIONS (3-day notice to cure or quit):
- • Unauthorized occupants or subtenants
- • Unauthorized pets
- +39 more requirements
Eviction Process Overview
NDCC Title 47, Chapter 32 - Forcible Entry and Unlawful Detainer
⏰ Timeline
Typically 3-4 weeks from notice to physical removal
✅ Key Requirements
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- STEP 1: PROPER NOTICE
- • 3-day notice to pay or quit (nonpayment)
- • 3-day notice to cure or quit (curable violations)
- • Immediate notice (non-curable violations)
- • Wait for notice period to expire
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Terminating Month-to-Month Tenancies
NDCC § 47-16-15
⏰ Timeline
30 days' written notice required
✅ Key Requirements
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- 30 DAYS' WRITTEN NOTICE required from either party
- LANDLORD TERMINATION:
- • Must provide at least 30 days' notice
- • Must be in writing
- +42 more requirements
Landlord's Right to Enter Rental Property
NDCC § 47-16-07.3
⏰ Timeline
2 days' advance notice required (48 hours); no notice for emergencies
✅ Key Requirements
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- REASONABLE NOTICE = 2 DAYS (48 hours) minimum
- NOTICE REQUIREMENTS:
- • At least 2 days' advance notice
- • Notice should be in writing
- +41 more requirements
Repairs and Maintenance Responsibilities
NDCC § 47-16-13.2
⏰ Timeline
Reasonable time after notice for repairs; emergency repairs should be immediate
✅ Key Requirements
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- LANDLORD RESPONSIBILITIES:
- • Maintain structural integrity (roof, walls, foundation)
- • Keep premises weatherproof
- • Maintain plumbing (water supply, hot water, sewage)
- • Maintain heating system
- +37 more requirements
Tenant Remedies for Landlord Violations
NDCC § 47-16-13.3, § 47-16-13.6
⏰ Timeline
Must give landlord reasonable opportunity to repair before exercising remedies
✅ Key Requirements
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- PREREQUISITES:
- • Violation must materially affect health/safety or habitability
- • Tenant must give WRITTEN notice to landlord
- • Allow reasonable time for landlord to repair
- • Tenant cannot have caused the problem
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Retaliation Protections for Tenants
NDCC § 47-16-17.1
⏰ Timeline
180-day presumption period after protected activity
✅ Key Requirements
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- PROTECTED TENANT ACTIVITIES:
- • Requesting repairs
- • Reporting code violations to landlord
- • Reporting code violations to government agency
- • Filing complaint with building/health department
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Fair Housing and Discrimination Protections
NDCC § 14-02.4 (ND Human Rights Act), Federal Fair Housing Act 42 U.S.C. § 3604
⏰ Timeline
Complaints must be filed within 300 days with ND Dept of Labor or 1 year with HUD
✅ Key Requirements
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- NORTH DAKOTA PROTECTED CLASSES (state law):
- • Race
- • Color
- • Religion
- • Sex
- +55 more requirements