North Dakota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

North Dakota caps security deposits at one month's rent (with limited exceptions for written agreements), requires the deposit to be returned within 30 days after move-out, and requires landlords to give reasonable advance notice before entering a rental unit under N.D.C.C. 47-16-07.3.

Security deposits in North Dakota

North Dakota limits security deposits to one month's rent. A landlord may collect more only if there is a separate written agreement with the tenant addressing higher-risk circumstances or pet damage potential. The standard lease deposit for most residential rentals cannot exceed the one-month cap without that additional written agreement.

Landlords in North Dakota are not required by statute to hold the deposit in a separate trust account or to pay interest on it, but they must return it with a written itemization within 30 days after the tenancy ends. The itemization must describe each deduction and the cost. Allowed deductions include unpaid rent, cleaning beyond normal usage, and damage to the unit that exceeds ordinary wear and tear.

Rule	Amount or Deadline
Standard cap	1 month's rent
Cap with written agreement (higher-risk/pet)	More than 1 month permitted
Return deadline	30 days after termination

If the landlord fails to return the deposit or provide a written accounting within 30 days, the tenant may pursue the landlord in small claims court. North Dakota courts have held that a landlord who does not provide a timely itemization may forfeit the right to retain any portion of the deposit. Tenants should document the condition of the unit at move-in and move-out with dated photos and a written checklist signed by both parties.

When can a landlord enter? Notice rules

North Dakota law at N.D.C.C. 47-16-07.3 requires a landlord to give reasonable advance notice before entering a rental unit for non-emergency purposes such as making repairs, showing the property to prospective tenants or buyers, or conducting inspections. The statute does not specify a fixed number of hours; the standard varies by circumstance, but 24 hours is widely treated as the baseline for reasonable notice.

Entry must occur at a reasonable time unless the tenant agrees otherwise. For routine repairs and scheduled inspections, landlords should err toward giving more notice rather than less, particularly for employed tenants with fixed schedules.

In genuine emergencies, such as a burst pipe, gas leak, or fire, the landlord may enter without prior notice to prevent damage or protect safety. The landlord should document the nature of the emergency in writing after the fact. Repeated entries without notice, or entries at unreasonable hours, can give rise to a claim of interference with the tenant's right to quiet enjoyment and may support a tenant's defense in an eviction proceeding.

Ending a lease: notice to vacate

To end a month-to-month tenancy in North Dakota, either the landlord or the tenant must give 30 days' written notice before the start of the next rental period. The notice should be delivered in a way that creates a verifiable record, such as certified mail or personal delivery with a signed receipt.

For fixed-term leases, no additional termination notice is required unless the lease specifies one. The lease expires on the date stated in the agreement. If the tenant stays past the end date without a new agreement, North Dakota law treats the holdover tenancy as a month-to-month arrangement.

If the landlord needs to remove a tenant for nonpayment of rent or a lease violation, that process is separate from a standard termination notice. For details on the eviction process, including required pay-or-quit notices, see the North Dakota eviction notice guide or the eviction notice hub.

Repairs and the warranty of habitability

Under N.D.C.C. 47-16-12, a North Dakota landlord must keep the rental premises in reasonable repair throughout the tenancy. This obligation includes maintaining structural components, weatherproofing, plumbing, heating, and electrical systems in safe working order, and complying with applicable housing codes that affect health and safety.

North Dakota is one of the states that gives tenants a repair-and-deduct remedy. Under N.D.C.C. 47-16-13, a tenant who needs an urgent repair that the landlord has failed to make may arrange for the repair after giving the landlord written notice and a reasonable time to act, then deduct the documented cost from rent. The repair must address a condition that materially affects habitability and safety, and the amount deducted is typically capped by statute at one month's rent per occurrence.

Tenants should always put repair requests in writing and give the landlord a reasonable period to respond before invoking repair-and-deduct. Keeping copies of all notices, invoices, and correspondence is essential if the landlord contests the deduction later.

For serious habitability failures, tenants may also seek relief through rent escrow with the court or pursue an action for damages. The North Dakota Department of Health and Human Services and local code-enforcement offices can inspect premises and issue official notices of violation, which strengthen a tenant's legal position.

Rent, late fees, and rent control

North Dakota does not cap the amount of a late fee by statute. Late-fee terms must be included in the written lease to be enforceable; a landlord cannot charge a late fee that is not spelled out in the agreement. North Dakota courts have disallowed late fees that were not clearly disclosed in the lease or that were applied before an agreed grace period elapsed.

There is no statutory requirement in North Dakota for advance notice of a rent increase during a fixed-term lease (unless the lease provides one), but for month-to-month tenancies the required 30-day termination notice effectively sets a floor: rent cannot increase without 30 days' written notice because any unilateral change to rental terms requires at least that much notice.

North Dakota state law bans rent control at every level of government. N.D.C.C. 47-16-02.1 prohibits any city, county, or other political subdivision from enacting, maintaining, or enforcing any ordinance or regulation that controls the amount of rent charged for private residential property. No locality in North Dakota has rent stabilization or rent control, and none may do so under current law.

If you have a landlord-tenant dispute in North Dakota

Document everything from the start. Take dated photos of the unit at move-in and move-out, get move-in inspection checklists signed by the landlord, and send all repair requests and formal communications by certified mail or email.

For deposit disputes, small claims court in North Dakota handles claims up to $15,000. The filing fee is modest and the process does not require an attorney. Bring the lease, the move-in and move-out checklists, photos, and any written correspondence about the deposit. A landlord who cannot produce a timely itemization is at a significant disadvantage.

For habitability complaints, contact local code enforcement, the county health department, or the North Dakota Department of Health and Human Services. An official inspection report is powerful evidence in any subsequent legal action.

Legal aid organizations in North Dakota, including Legal Services of North Dakota, provide free or low-cost assistance to qualifying tenants. The North Dakota Supreme Court's self-help center also provides guides for small claims and landlord-tenant procedures.

For more about the eviction process, including notice periods, see the North Dakota eviction notice page. For adverse possession and squatter rules, visit the North Dakota squatters rights page. For a state-by-state comparison, see the landlord-tenant laws hub.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

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• North Dakota Child Support Laws
• North Dakota Common Law Marriage Laws
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Sources

• North Dakota Century Code Chapter 47-16 (Landlord and Tenant): https://ndlegis.gov/cencode/t47c16.html
• North Dakota Office of the Attorney General, Consumer Protection: https://attorneygeneral.nd.gov/consumer-protection
• Legal Services of North Dakota, Tenant Resources: https://www.legalassist.org/