North Dakota Landlord-Tenant Recording Laws: Rights for Renters and Landlords (2026)
North Dakota's one-party consent law under N.D.C.C. § 12.1-15-02 allows tenants to record conversations with landlords, property managers, and maintenance workers. Both phone calls and in-person conversations can be recorded as long as the tenant is a participant and the recording is not for criminal or unlawful purposes.
This guide covers tenant recording rights, landlord surveillance rules, using recordings in housing disputes, hidden camera protections, and practical advice for both renters and landlords.
Tenant Recording Rights
Tenants can record in-person and phone conversations they participate in with landlords. Common recording situations include move-in/move-out inspections, repair requests, lease negotiations, harassment documentation, and security deposit disputes.
The recording must not be for criminal or unlawful purposes. Documenting habitability issues, preserving verbal agreements, and gathering evidence for legal proceedings are all lawful purposes.
Landlord Surveillance Rules
Landlords can install cameras in common areas (hallways, lobbies, parking lots, laundry rooms, exterior areas). Cameras cannot be placed inside individual rental units, bathrooms, or any area where tenants have a reasonable privacy expectation.
Hidden cameras in rental units can result in criminal charges under North Dakota privacy laws and civil liability for invasion of privacy.
Using Recordings in Housing Disputes
Recordings are admissible evidence in North Dakota courts for eviction proceedings, security deposit disputes, habitability claims, and small claims court. The North Dakota Legal Self Help Center provides resources for tenants representing themselves.
Under N.D.C.C. § 47-16-07.1, landlords must return security deposits within 30 days. Video recordings of property condition at move-in and move-out support deposit dispute claims.
If You Find a Hidden Camera
Document the camera, contact law enforcement, and consult an attorney. Resources include the North Dakota Attorney General and Legal Services of North Dakota.
More North Dakota Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Sources and References
- N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
- N.D.C.C. § 47-16-07.1(ndlegis.gov).gov
- ND Attorney General(attorneygeneral.nd.gov).gov