Landlord Tenant Laws in North Dakota (ND)

The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.

North Dakota's landlord-tenant laws are governed by N.D. Cent. Code § 47-16-01 et seq.. The state receives a tenant-friendliness grade of D (Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. North Dakota has moderate protections. Deposit generally limited to 1 month (2 months in specific circumstances like credit risk). Tenants may repair and deduct but cannot withhold rent.

Tenant-Friendliness Grade D 41/100 - Landlord-Friendly
Security Deposit Max 1 month's rent (2 months if landlord can show risk) Return within 30 days
Eviction Notice 3 days For nonpayment of rent
Rent Control Rent Control Preempted
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Security Deposit Rules in North Dakota

Maximum Deposit 1 month's rent (2 months if landlord can show risk)
Return Deadline 30 days after move-out

North Dakota limits security deposits to 1 month's rent (2 months if landlord can show risk). This cap helps ensure that tenants are not burdened with excessive upfront costs when renting a home. Landlords must return the deposit within 30 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.

Eviction Process in North Dakota

Nonpayment Notice 3 days
Lease Termination Notice (Month-to-Month) 30 days
Late Fee Limits No statutory limit

In North Dakota, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in North Dakota.

Tenant Rights in North Dakota

Habitability Standard Implied warranty of habitability
Rent Withholding Not allowed
Repair and Deduct Allowed
Landlord Entry Notice Reasonable notice

North Dakota provides some remedies for tenants facing habitability issues. Tenants may repair and deduct when landlords fail to maintain the property, but rent withholding is not permitted. Tenants should carefully follow the statutory procedure before exercising any remedy.

Rent Control in North Dakota

Status Rent Control Preempted

North Dakota has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.

Landlord Obligations in North Dakota

Landlords in North Dakota are generally required to:

  • Comply with building and housing codes affecting health and safety
  • Maintain common areas in a clean and safe condition
  • Keep electrical, plumbing, heating, and other systems in good working order
  • Provide and maintain appropriate trash receptacles
  • Supply running water and reasonable amounts of hot water
  • Provide Reasonable notice notice before entering the rental unit (except emergencies)
  • Return security deposits within 30 days with an itemized statement of deductions
  • Follow proper legal procedures for eviction (no self-help evictions)

City-Specific Landlord-Tenant Information in North Dakota

Many cities in North Dakota have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.

Fargo

Fargo follows state law. No additional local tenant protections.

Bismarck

State capital follows North Dakota landlord-tenant law without local additions.

Grand Forks

University town follows state law.

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Tenant-Friendliness Score Breakdown

Our scoring system evaluates each state across six categories of tenant protection. North Dakota scores 41 out of 100, earning a grade of D (Landlord-Friendly).

Deposit Protection 10/20
Eviction Protection 7/20
Rent Control 0/15
Habitability Standard 10/15
Entry Notice 4/10
Tenant Remedies 10/20

How North Dakota Compares

Below is a comparison of North Dakota with five states that have similar tenant-friendliness scores. This can help you understand where North Dakota falls on the spectrum of tenant protections nationwide.

State Score Grade Deposit Limit Eviction Notice Rent Control
North Dakota (ND) 41 D 1 month's rent (2 months if landlord can show risk) 3 days Rent Control Preempted
Florida (FL) 42 D No statutory limit 3 days Rent Control Preempted
Alabama (AL) 38 D 1 month's rent 7 days Rent Control Preempted
Kansas (KS) 44 D 1 month's rent (unfurnished); 1.5 months (furnished) 3 days Rent Control Preempted
Nevada (NV) 44 D 3 months' rent 7 days Rent Control Preempted
Oklahoma (OK) 37 D No statutory limit 5 days Rent Control Preempted

Frequently Asked Questions About North Dakota Landlord-Tenant Laws

How much can a landlord charge for a security deposit in North Dakota?

In North Dakota, the security deposit limit is 1 month's rent (2 months if landlord can show risk). The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.

How many days notice before eviction in North Dakota?

For nonpayment of rent, North Dakota requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.

Can I withhold rent in North Dakota if my landlord won't make repairs?

No, North Dakota does not allow tenants to withhold rent. However, repair-and-deduct may be available as a remedy.

Does North Dakota have rent control?

No, North Dakota prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.

How much notice must a landlord give before entering in North Dakota?

Landlords in North Dakota must give Reasonable notice notice before entering, except in emergencies.

Relevant Statutes

The landlord-tenant laws of North Dakota are primarily found in N.D. Cent. Code § 47-16-01 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.

Explore More States

Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.

This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.