North Dakota Landlord-Tenant Law
Know your rights as a renter in North Dakota. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under North Dakota law.
Legal basis: North Dakota landlord-tenant law — North Dakota Century Code
30
Days to Return Deposit
1 month's rent
Max Deposit
Notice and consent
Entry Notice
Not Required
Deposit Escrow
Max Deposit shows the short version — read the full rule below.
What North Dakota law says about deposits
Maximum Deposit
1 month's rent (2 in some cases)
Return Deadline
30 daysafter the lease ends and possession is returned
Penalties, interest & late-fee rules under North Dakota law
If your deposit is wrongfully or late returned
Landlord must deliver an itemized statement and any amount due within 30 days after lease termination; landlord is liable for treble damages for any security deposit withheld without reasonable justification.
Interest on your deposit is required
Landlord must hold the deposit in a federally insured interest-bearing savings or checking account for the tenant's benefit; the actual interest accruing on the account is paid to the tenant at lease termination. No statutory interest rate is set. No interest is owed if the period of occupancy was less than 9 months.
Grace period
No mandatory grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
Notice and consent
to a set time, unless impractical (N.D.C.C. § 47-16-07.3)
In North Dakota, your landlord must give this notice before entering your rental unit, except in genuine emergencies. This protects your right to privacy and peaceful enjoyment of your home.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
30 days notice
Legal basis: N.D.C.C. § 47-16-07
Reasonable time
Legal basis: N.D.C.C. §§ 47-16-13, 47-16-13.1
No general retaliation law
Legal basis: N.D.C.C. § 47-16-17.1(10); § 14-02.4-18
Not free: an extra month
Legal basis: NDCC § 47-16-17.1
Self-help illegal
Legal basis: NDCC § 47-32-04
Important facts about North Dakota rental law
North Dakota limits security deposits to 1 month's rent (2 months in some cases).
North Dakota landlords must return deposits within 30 days of move-out.
North Dakota landlords must provide itemized deductions in writing.
North Dakota landlords must notify you and get your consent to a set time before entering, unless that is impractical; the law sets no number of hours.
Something else? Contact our team
In North Dakota, the security deposit limit is 1 month's rent (2 in some cases).
North Dakota landlords must return security deposits within 30 days after you move out (after the lease ends and possession is returned).
In North Dakota, landlords must give notice and get your consent before entering your rental unit (to a set time, unless impractical (N.D.C.C. § 47-16-07.3)).
Late fees in North Dakota: No statutory cap for ordinary rentals (mobile home parks: 10% of monthly rent plus up to $5 a day). No mandatory grace period.
30 days notice. Written notice at least 30 days before the end of the month; the new rent starts at month end (N.D.C.C. § 47-16-07). You may move out at month end instead, with 25 days' notice (N.D.C.C. § 47-16-15(3)). No statewide cap, and local governments may not control rent (N.D.C.C. § 47-16-02.1). Source: N.D.C.C. § 47-16-07.
Reasonable time. Landlord must keep the home fit and habitable and supply running water, hot water and reasonable heat (NDCC 47-16-13.1(1)). Landlord gets a reasonable time to fix problems (NDCC 47-16-13.1(2)). Not fixed within a reasonable time after your notice: you may repair and deduct the cost from rent (NDCC 47-16-13). Or move out and owe no further rent (NDCC 47-16-13). Source: N.D.C.C. §§ 47-16-13, 47-16-13.1.
No general retaliation law. North Dakota has no statute against a landlord retaliating because you complained about repairs or code violations. A landlord may not refuse to rent to you, or retaliate in renting a dwelling to you, solely because you used the domestic violence lease-ending right; a court may award $1,000 plus actual damages and fees (N.D.C.C. § 47-16-17.1(10), (11)). No one may threaten, retaliate against or discriminate against a person who opposed unlawful discrimination or took part in a Human Rights Act complaint (N.D.C.C. § 14-02.4-18). Keep dated copies of every complaint and notice you send. Source: N.D.C.C. § 47-16-17.1(10); § 14-02.4-18.
Not free: an extra month. A victim of domestic violence, or a tenant who fears imminent domestic violence, may end the lease on a date named in advance written notice. The notice must say the fear is of a person named in a court order or other court record. You owe rent for the full month the lease ends plus one more month's rent, paid by the end date. Source: NDCC § 47-16-17.1.
Self-help illegal. Self-help evictions illegal. Court process required. Contact police if locked out. Source: NDCC § 47-32-04.
North Dakota tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against North Dakota law.
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