North Dakota
North Dakota Landlord-Tenant Recording Laws: Rights for Renters and Landlords (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content
Under North Dakota's one-party consent law, N.D. Cent. Code 12.1-15-02, any party to a conversation may record it without notifying the other party, so both tenants and landlords may record their own interactions. A landlord who secretly places a camera inside a tenant's unit risks criminal charges, including under N.D. Cent. Code 12.1-31-14, which needs no sexual motive.
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 generally install cameras in common areas (hallways, lobbies, parking lots, laundry rooms, exterior areas). No North Dakota statute lists exactly where a landlord may or may not place a disclosed camera. What the law does reach is a camera secretly installed or used, with intent to intrude on privacy, inside a tenant's unit, a bathroom, or any other place where tenants reasonably expect privacy. A landlord may also enter the unit only as N.D.C.C. § 47-16-07.3 allows: at any time in an emergency or when the landlord reasonably believes the tenant has abandoned the unit or is in substantial violation of the lease, or otherwise at reasonable hours for listed purposes, generally after notice and the tenant's consent.
Hidden cameras in rental units can result in criminal charges. The broadest statute is N.D.C.C. § 12.1-31-14, a class B misdemeanor: it covers anyone who, with intent to intrude on another's privacy, surreptitiously installs or uses a device to observe, photograph, or record events in another person's dwelling or any other place where a person reasonably expects privacy. No sexual motive is required, so it reaches the ordinary non-sexual hidden camera.
The sexual-offense version, N.D.C.C. § 12.1-20-12.2, makes it a class A misdemeanor, when done with intent to arouse or gratify sexual desires and to intrude on another's privacy, to surreptitiously install or use a device to observe or record from another person's dwelling (after entering upon another's property) or from a place such as a hotel sleeping room or tanning booth where a person reasonably expects privacy and is likely to be undressed. A hidden device that intercepts tenants' conversations can separately be charged as eavesdropping under N.D.C.C. § 12.1-15-02, a class C felony. Secretly creating a nude or sexual image without written consent is also a class A misdemeanor under N.D.C.C. § 12.1-27.1-03.3, which lets an identifiable person depicted who is harmed sue when the image was produced, possessed, or shared for sexual arousal or gratification, humiliation, degradation, or monetary or commercial gain, including for statutory damages of up to $10,000 per defendant. A general invasion-of-privacy claim is less certain, because the North Dakota Supreme Court has not decided whether the state recognizes that tort.
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, a landlord who keeps any part of the deposit must send an itemized statement within 30 days after the lease ends and the tenant gives up possession, and is liable for treble damages for deposit money withheld without reasonable justification. 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
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Frequently Asked Questions
Can I record my landlord in North Dakota?
Yes. Under one-party consent, you can record conversations you participate in with your landlord, both in-person and by phone. The recording must not be for criminal or unlawful purposes.
Can my landlord put cameras inside my apartment in North Dakota?
Not secretly. A landlord who surreptitiously installs or uses a camera inside your unit with intent to intrude on your privacy commits a crime under N.D. Cent. Code 12.1-31-14, and audio capture can be a felony under 12.1-15-02. No statute lists exactly where a disclosed camera may go, and a landlord may enter your unit only as N.D. Cent. Code 47-16-07.3 allows. Cameras in common areas such as hallways and parking lots are generally lawful.
Can I use a recording as evidence in an eviction case in North Dakota?
Yes. Lawfully made recordings are generally admissible in North Dakota courts for eviction proceedings, security deposit disputes, and habitability claims.
Can I install a doorbell camera at my rental in North Dakota?
Generally yes for interior-facing cameras. For exterior cameras, check your lease for rules about modifications to the building exterior.
What should I do if I find a hidden camera in my North Dakota rental?
Document the camera, contact law enforcement, and consult with an attorney about civil remedies, such as the damages claim under N.D. Cent. Code 12.1-27.1-03.3 for secretly created nude or sexual images.
Updates
We added that a prior indecent-exposure conviction also makes North Dakota surreptitious intrusion (12.1-20-12.2) a class C felony.
Completed the list of circumstances that make North Dakota's sexual surreptitious-intrusion offense a felony and the purposes that support a civil claim over a sexual image.
Added the other grounds on which a North Dakota landlord may enter at any time (suspected abandonment or a substantial lease violation), the felony tier for repeat or minor-victim surreptitious intrusion, and the conditions for suing over a secretly created sexual image.
We replaced a flat claim that landlords cannot have cameras in a unit with what the statutes actually prohibit (secret cameras with intent to intrude on privacy), added the non-sexual hidden-camera crime 12.1-31-14 and the sexual-image law 12.1-27.1-03.3 with its civil claim, and corrected the security-deposit deadline and treble-damages rule.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that North Dakota's hidden-camera crime (N.D.C.C. 12.1-20-12.2) requires intent to arouse or gratify sexual desires, and noted the separate eavesdropping statute for devices that capture conversations.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the security deposit timeline under N.D.C.C. 47-16-07.1: the deposit is due upon lease termination, not within a flat 30-day window; the 30-day period applies only to the itemized notice for any amount withheld.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 12.1-15-02Interception of wire or oral communications - EavesdroppingIn forcecited in 18 of our articles
A person is guilty of a class C felony if he: Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication. A person is guilty of a class A misdemeanor if he secretly loiters about any building with intent to overhear discourse or conversation therein and to repeat or publish the same with intent to vex, annoy, or injure others. It is a defense to a prosecution under subsection 1 that: The actor was authorized by law to intercept, disclose, or use, as the case may be, the wire or oral communication. The actor was: A person acting under color of law to intercept a wire or oral communication, and He was a party to the communication or one of the parties to the communication had given prior consent to such interception.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
In the courts (editorial summary, independently checked):Fargo Women's Health Organization, Inc. v. Larson (1986) applied the subsection 3(c) defense to this section and held that recordings of calls were properly admitted because the callers knew of and consented to the recording of their own conversations.
Opinions citing this section in our collection:
- Fargo Women's Health Organization, Inc. v. Larson (North Dakota Supreme Court 1986, 391 N.W.2d 627)✓A private investigator hired by an abortion clinic recruited callers to phone a rival anti-abortion clinic and recorded the calls with the callers' consent; the court held that consent triggered the defense in section 12.1-15-02(3)(c), so the tapes were admitted.
- Bartnicki v. Vopper (Supreme Court of the United States 2001, 532 U.S. 514)“…Ann. § 30-12-1 (1994); N. C. Gen. Stat. § 15A-287 (1999); N. D. Cent. Code § 12.1-15-02 (1997); Ohio Rev. Code Ann. § 2933.52…”
- American Civil Liberties Union of Ill. v. Alvarez (Court of Appeals for the Seventh Circuit 2012, 679 F.3d 583)“…55 § 750.539c; N.D. Cent. Code. Ann. § 12.1-15-02. The Cali- fornia statute is illustrat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Smart Glasses Recording Laws (2026), North Dakota Recording Laws (2026): One-Party Consent Rules, North Dakota Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
§ 47-16-07.1Real property and dwelling security deposits - Limitations and requirementsIn forcecited in 3 of our articles
The lessor of real property or a dwelling who requires money as a security deposit, however denominated, shall deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The security deposit and any interest accruing on the deposit must be paid to the lessee upon termination of a lease, subject to the conditions of subsection 2. A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month's rent, except: A lessor may accept an amount or value up to two month's rent, as security, from an individual convicted of a felony offense as an incentive to rent the property to the individual. A lessor may demand an amount or value up to two months rent, as security, from an individual who has had a judgment entered against that individual for violating the terms of a previous rental agreement. A lessor may charge a lessee a pet security deposit for keeping an animal that is not a service animal or companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Chegwidden v. Evenson (North Dakota Supreme Court 2015, 863 N.W.2d 843)“…without reasonable justification and failed to comply with N.D.C.C. § 47-16-07.1(2), which requires a landlord to give a…”
- Meridian Property Management v. Cordie (North Dakota Supreme Court 2026, 2026 ND 52)“…ease and delivery of possession of the property pursuant to N.D.C.C. § 47-16-07.1(3)(c). The court took the matter under…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights, North Dakota Ring Doorbell Laws: What You Need to Know in 2026
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
- North Dakota Courts - Legal Self Help(ndcourts.gov).gov
- Legal Services of North Dakota(legalassist.org)
- N.D. Cent. Code ch. 12.1-20 (Sex Offenses), § 12.1-20-12.2 Surreptitious intrusion(ndlegis.gov).gov