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North Dakota Landlord-Tenant Laws

Last Updated: 2026-02-12 | Effective: 1977-07-01

Security Deposit Limits and Requirements

NDCC § 47-16-07.1
⏰ Timeline

Prior to or at occupancy; condition statement at move-in

✅ Key Requirements
  • 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
  • +13 more requirements
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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
  • TIMELINE: 30 days after BOTH:
  • • Lease termination, AND
  • • Delivery of possession (tenant moves out, returns keys)
  • • Whichever occurs LAST
  • Must return:
  • +15 more requirements
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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
  • 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
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Late Fees and Rent Payment Rules

NDCC § 47-16-07
⏰ Timeline

Due as specified in lease; typically no mandatory grace period

✅ Key Requirements
  • 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
  • +21 more requirements
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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
  • 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
  • +36 more requirements
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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
  • 3-DAY NOTICE TO PAY OR QUIT required
  • NOTICE REQUIREMENTS:
  • • Must be in writing
  • • Must demand payment of rent OR possession
  • +32 more requirements
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Eviction for Lease Violations

NDCC § 47-16-13
⏰ Timeline

3 days to cure or quit for curable violations; immediate for non-curable

✅ Key Requirements
  • TWO TYPES OF VIOLATIONS:
  • CURABLE VIOLATIONS (3-day notice to cure or quit):
  • • Unauthorized occupants or subtenants
  • • Unauthorized pets
  • +39 more requirements
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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
  • 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
  • +47 more requirements
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Terminating Month-to-Month Tenancies

NDCC § 47-16-15
⏰ Timeline

30 days' written notice required

✅ Key Requirements
  • 30 DAYS' WRITTEN NOTICE required from either party
  • LANDLORD TERMINATION:
  • • Must provide at least 30 days' notice
  • • Must be in writing
  • +42 more requirements
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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
  • REASONABLE NOTICE = 2 DAYS (48 hours) minimum
  • NOTICE REQUIREMENTS:
  • • At least 2 days' advance notice
  • • Notice should be in writing
  • +41 more requirements
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Repairs and Maintenance Responsibilities

NDCC § 47-16-13.2
⏰ Timeline

Reasonable time after notice for repairs; emergency repairs should be immediate

✅ Key Requirements
  • LANDLORD RESPONSIBILITIES:
  • • Maintain structural integrity (roof, walls, foundation)
  • • Keep premises weatherproof
  • • Maintain plumbing (water supply, hot water, sewage)
  • • Maintain heating system
  • +37 more requirements
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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
  • 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
  • +53 more requirements
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Retaliation Protections for Tenants

NDCC § 47-16-17.1
⏰ Timeline

180-day presumption period after protected activity

✅ Key Requirements
  • PROTECTED TENANT ACTIVITIES:
  • • Requesting repairs
  • • Reporting code violations to landlord
  • • Reporting code violations to government agency
  • • Filing complaint with building/health department
  • +43 more requirements
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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
  • NORTH DAKOTA PROTECTED CLASSES (state law):
  • • Race
  • • Color
  • • Religion
  • • Sex
  • +55 more requirements
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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.

North Dakota Legal Forms

State-specific landlord forms powered by LawDepot. Affiliate links — we may earn a commission at no extra cost to you.

⚖️ Eviction Notice

$29

Official eviction notice with proper legal language and state-specific requirements.

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📝 Lease Agreement

$29

Complete state-specific residential lease agreement with all required disclosures.

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📈 Rent Increase Letter

$19

Compliant notice of rent adjustment with correct timing requirements.

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🚪 Notice to Vacate

$19

Lease termination letter following proper state procedures and notice periods.

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✅ Move-in Checklist

$9

Property condition documentation form to protect against deposit disputes.

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