A summary of North Dakota Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Move-in Checklist: Landlord must give tenant a statement describing the condition of the premises when tenant signs the rental agreement. Both parties must sign the statement. (N.D. Cent. Code §47-16-07.2)
Security Deposit Limit
Tenants may be charged the equivalent of one month’s rent for the security deposit. If the tenant has a pet, the maximum deposit limit is two months rent. If the tenancy lasts at least nine months, the landlord must pay interest at the end.
Deadline for Returning Security Deposit
The deposit must be returned within 30 days after the tenant vacates.
Small Claims Lawsuits
Landlord-tenant disputes can be filed in small claims courts for up to $15,000.
Rental agreements must address late fees because there is no legislation in North Dakota that automatically approves or prohibits the use of them.
Month-to-month agreements can be changed with a written 30 day notice. The lease terms of a longer length can only be changed if both parties agree.
Tenant’s Right to Repair and Deduct
N.D. Cent. Code § 47-16-13 allows for a tenant to make important repairs that are the responsibility of the landlord and deduct the cost from the following month’s rent if the landlord fails to do so in a timely manner after being notified.
Termination and Eviction
N.D. Cent. Code §§ 47-32-02 gives landlords the right to us a 3 day unconditional quit notice on any tenant failing to pay rent within 3 days of the due date, holding over after the lease has expired; holding over after a sale or any judicial process ending the tenancy; violating a material term of the lease; using the property in a manner contrary to the agreement of the parties.
Access to Property
Prior to entering, a landlord must provide reasonable notice.
N.D. Cent. Code, § 14-07.1-02 allows the court to include in a protection order a provision “excluding the respondent and/or any person with whom the respondent lives from the dwelling they share… if this exclusion is necessary to the physical or mental well-being of the applicant or others.”
North Dakota Lease Agreement
North Dakota Landlord-Tenant Law Statutes
North Dakota Cent. Code §§ 47-16-01 to 47-16-41.