Question 1

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

Accepted Answer

No more than one month's rent (up to two months in specified cases); a separate pet deposit is also allowed, with its own cap.

Question 2

How long does a landlord have to return a security deposit in North Dakota?

Accepted Answer

Return with a written notice within 30 days after the lease ends and the tenant delivers possession.

Question 3

How much notice does a landlord have to give before entering a rental in North Dakota?

Accepted Answer

Entry during reasonable hours; unless impractical the landlord must first notify the tenant and get consent for a time certain (consent is presumed if the tenant does not object after notice). No fixed hours in the statute.

Question 4

How much notice does a landlord need to give to raise the rent in North Dakota?

Accepted Answer

Month-to-month: written notice at least 30 days before the end of the month for new terms or rent to take effect.

Question 5

Can a landlord charge a late fee in North Dakota, and how much?

Accepted Answer

North Dakota's landlord-tenant law (N.D.C.C. ch. 47-16, reviewed by full-text search on 2026-10-15) sets no late-fee cap; the lease terms control.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in North Dakota?

Accepted Answer

3 days' written notice of intention to evict before filing (eviction is allowed when rent is 3 days past due).

Question 7

Can cities in North Dakota pass rent control?

Accepted Answer

Yes. A political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged for private residential or commercial property.

Question 8

How much notice is needed to end a month-to-month tenancy in North Dakota?

Accepted Answer

Either party may end a month-to-month tenancy with at least one calendar month's written notice, given at any time, unless they agreed in writing to a longer notice. A lease requiring tenant notice longer than one month from month-end must state it and be initialed by the tenant.

Question 9

Does a landlord have to pay interest on a security deposit in North Dakota?

Accepted Answer

Required. Deposits must be kept in a federally insured interest-bearing account for the tenant's benefit, and the deposit plus accrued interest is returned at lease end (subject to lawful deductions). No interest is owed if occupancy was under 9 months.

Question 10

Is a move-in or move-out inspection checklist required in North Dakota?

Accepted Answer

Required. At signing, the landlord must give the tenant a statement of the condition of the premises and facilities, agreed to and signed by both. It is prima facie proof of the move-in condition.

Question 11

Is landlord retaliation illegal in North Dakota?

Accepted Answer

N.D.C.C. ch. 47-16 bars refusing to rent to, or otherwise retaliating against, a tenant or applicant only because they used the domestic-violence lease-termination right. The chapter contains no general anti-retaliation provision (full-text search of the chapter).

Question 12

Can a landlord change the locks or shut off utilities in North Dakota?

Accepted Answer

An ND lease binds the landlord to secure the tenant's quiet possession for the lease term, and a landlord recovers possession through an eviction action in district court. The ND Attorney General's guide says a landlord cannot lock a tenant out, cut off utilities or take the tenant's belongings (AG guidance; no statute stating that directly was found in chapters 47-16 or 47-32).

Question 13

What can a tenant do if the landlord won't make repairs in North Dakota?

Accepted Answer

If the landlord neglects repairs within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or move out and stop owing rent.

Question 14

What disclosures must a landlord give tenants in North Dakota?

Accepted Answer

When the rental agreement is made, the landlord must give the tenant a statement describing the condition of the premises, agreed to and signed by both landlord and tenant. It is prima facie proof of the move-in condition. Separately, the ND Attorney General's guide says the lease should state any late fee, its amount and when it applies (AG guidance).

Question 15

What can a landlord do with property a tenant leaves behind in North Dakota?

Accepted Answer

Property worth $2,500 or less left in a vacated dwelling may be kept and disposed of without legal process 28 or more days after the landlord learns (or it reasonably appears) the tenant has left. Storage and moving costs above sale proceeds may come out of the deposit.

Question 16

Can a tenant break a lease early for domestic violence or military service in North Dakota?

Accepted Answer

A tenant who is a domestic violence victim, or fears imminent domestic violence from a person named in a court or protection order, may end the lease without penalty. Written notice stating the termination date must be delivered before termination. Landlords must keep the information confidential and may not retaliate.

Question 17

Is there a grace period before a late fee can be charged in North Dakota?

Accepted Answer

N.D.C.C. ch. 47-16 sets no grace period for late fees (full-text search of the chapter). Guidance (ND Attorney General, not statute): the lease must state any late fee, its amount and when it is charged.

Question 18

How much can a landlord charge for a rental application fee in North Dakota?

Accepted Answer

A search of the full text of N.D.C.C. ch. 47-16, the landlord-tenant statute, found no application-fee limit.

Question 19

How does the eviction court process work in North Dakota?

Accepted Answer

The summons sets the tenant's appearance 3 to 15 days after it is issued.

Question 20

Can a tenant fix something and deduct it from rent in North Dakota?

Accepted Answer

If the landlord neglects repairs within a reasonable time after the tenant's notice, the tenant may make the repairs and deduct the cost from rent, or move out and stop owing rent.

Question 21

Does a landlord have to give notice before not renewing a lease in North Dakota?

Accepted Answer

For residential leases of 2 months or more, a landlord can't enforce an automatic-renewal clause unless it gave the tenant written notice of the clause at least 30 days before the lease ends. Without that notice, the lease converts to month-to-month.

Question 22

Can a landlord refuse Section 8 or other source of income in North Dakota?

Accepted Answer

Landlords may not refuse to rent, or discriminate in rental terms, because of a person's status with respect to public assistance.

Question 23

What is the pet deposits/fees & service/esa animals rule in North Dakota?

Accepted Answer

A landlord may charge a pet deposit of up to the greater of $2,500 or two months' rent. No pet deposit may be charged for a service animal or companion animal needed as a disability accommodation.

Question 24

What is the tenant relocation assistance rule in North Dakota?

Accepted Answer

A search of the full text of N.D.C.C. ch. 47-16 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Question 25

What is the rent receipts, payment methods & cash rule in North Dakota?

Accepted Answer

A landlord may not charge a fee for accepting rent or other lease payments in cash, by check or by money order. Code text: "A landlord may not charge a tenant a fee to accept cash, a check, or a money order for the payment of rent or any other payment required by the landlord under a lease for real property."

Question 26

What is the eviction record sealing rule in North Dakota?

Accepted Answer

A tenant evicted for nonpayment or damage who has resolved all claims may move to seal the records seven years after the order is satisfied, if not evicted elsewhere in that time. A domestic violence victim evicted because of a domestic violence incident may move to seal once the assailant is convicted or a protection or restraining order issues.

Question 27

What is the condo conversion protections rule in North Dakota?

Accepted Answer

A search of the full text of N.D.C.C. ch. 47-04.1 (condominium ownership; §§ 47-04.1-01 et seq.) found no notice, purchase or relocation rights for tenants when rental property is converted to condominiums. Local ordinances may still apply.

Question 28

What is the deposit bank holding / separate account rule in North Dakota?

Accepted Answer

The landlord must put deposit money in a federally insured, interest-bearing savings or checking account for the tenant, and the deposit plus interest is paid to the tenant when the lease ends (subject to allowed deductions). Code text: "shall deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant."

Question 29

What happens to the lease when a tenant dies in North Dakota?

Accepted Answer

When a residential tenant dies, a surviving tenant or the estate can choose to end the lease on the last day of the month after the month of death, unless the lease expires sooner. Code text: "Upon the death of a lessee of real property for residential purposes, however, and at the option of any surviving lessee or of the estate of the decedent, the lease terminates on the last day of the month in the month following the death of the lessee unless the lease term expires before that time."

Question 30

What happens if a tenant stays after the lease ends in North Dakota?

Accepted Answer

If a residential tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed as month-to-month, unless the lease has an automatic renewal clause. Code text: "if a lessee of real property for residential purposes remains in possession of the property after the expiration of the lease and the lessor accepts rent from the lessee, the parties are presumed to have renewed the lease as a month-to-month tenancy."

Question 31

What is the eviction notices for other grounds (lease violation, no-fault) rule in North Dakota?

Accepted Answer

Eviction is allowed when a tenant violates a material term of the written lease. Before filing, the landlord must give 3 days' written notice of intention to evict. Code text: "three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted." The 3-day notice applies to subsections 4, 5, 6 and 8 of 47-32-01, so it does not apply to an eviction for unreasonably disturbing other tenants under subsection 7. In a mobile home park, a tenant may defend by showing the landlord violated 47-10-28.

Question 32

What is the manufactured / mobile home parks rule in North Dakota?

Accepted Answer

Mobile home park owners must give at least 30 days' written notice before park rule changes take effect. Month-to-month agreements must give 90 days' notice before a rent increase, and a park cannot force a tenant to sell their home to the park. Code text: "Any month-to-month tenancy agreement must provide a minimum of ninety days' notice to the tenant before any rent increase is effective."

Question 33

What is the domestic violence early termination rule in North Dakota?

Accepted Answer

A tenant who is a domestic violence victim, or fears imminent domestic violence, may end the lease without penalty by delivering advance written notice stating the termination date. Code text: "may terminate a lease agreement, as provided in this section, without penalty or liability."

Question 34

What is the military lease termination (federal scra, all states) rule in North Dakota?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 35

What is the tenant buyout disclosures rule in North Dakota?

Accepted Answer

The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), reviewed by full-text search on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.

Question 36

What is the guest & occupancy limits rule in North Dakota?

Accepted Answer

The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), reviewed by full-text search on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.

Question 37

Can a tenant sublet an apartment in North Dakota?

Accepted Answer

The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), reviewed by full-text search on 2026-10-16) has no provision on subletting or assignment by residential tenants. Local ordinances or other state or federal laws may still apply.

Question 38

What is the property manager licensing rule in North Dakota?

Accepted Answer

In North Dakota, leasing real estate for another for compensation is brokerage (§ 43-23-06.1), which requires a license from the real estate commission. Statute text: "A person may not act as a real estate broker or real estate salesperson, or advertise or assume to act as a real estate broker or real estate salesperson, without a license issued by the real estate commission" (N.D.C.C. §§ 43-23-05, 43-23-06.1(9)).

Question 39

Does a landlord have to provide smoke and carbon monoxide detectors in North Dakota?

Accepted Answer

All residential rental property must have smoke detection systems. In single-family rentals the tenant maintains and inspects the system; in other dwellings the landlord installs it and makes sure it works when each new tenant moves in, and the tenant maintains it during the tenancy. On written request, a landlord with more than one building or more than four units must provide a visual alarm for a deaf tenant. Statute text: "All residential rental property with the exception of property covered by section 23-09-02.1 must be equipped with smoke detection systems or other approved alarm systems for the protection of occupants of the property" (N.D.C.C. § 23-13-15).

Question 40

Can a landlord deny a tenant for criminal or credit history in North Dakota?

Accepted Answer

North Dakota's leasing-of-real-property chapter (N.D. Cent. Code ch. 47-16, reviewed by full-text search on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.

Question 41

Does a landlord need just cause to evict in North Dakota?

Accepted Answer

The state landlord-tenant statute (N.D. Cent. Code ch. 47-16 (Leasing of Real Property), reviewed by full-text search on 2026-10-17: full-text search for "just cause," "good cause," "for cause" and "without cause") has no general just-cause (good-cause) requirement for ending a tenancy. Local ordinances or other state or federal laws may still apply.

Question 42

What is the rental / transient occupancy tax rule in North Dakota?

Accepted Answer

North Dakota charges its 5% state sales tax on renting a hotel or motel room or other accommodations. Rooms or accommodations occupied by the same people as residential housing for 30 or more consecutive days are exempt. Local lodging taxes may add to it. Statute text: "there is imposed a tax of five percent upon the gross receipts of retailers from all sales at retail" (N.D. Cent. Code §§ 57-39.2-02.1(1)(e), 57-39.2-04(22)).

Question 43

What federal protections does a tenant have after foreclosure in North Dakota?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 44

How much does it cost to file an eviction in North Dakota?

Accepted Answer

North Dakota eviction actions are brought in district court, where the clerk charges $160 to file a civil case (other than divorce or small claims). A defendant who files an answer pays $100 unless the fee is waived. Statute text: "For filing a case for decision that is not under subdivision b or e, one hundred sixty dollars." (N.D. Cent. Code §§ 27-05.2-03(1)(a), (c); 47-32-01).

Question 45

What are the Airbnb / short-term rental rules in North Dakota?

Accepted Answer

North Dakota requires a state license from the Department of Health and Human Services (or an approved local health unit) before a "lodging establishment" operates. The definition covers places furnishing sleeping accommodations to transient guests for a charge, but excludes a single structure with five or fewer guest rooms and ten or fewer total occupants, so most whole-home short-term rentals fall outside the state lodging license. Statute text: "The term does not include single structures with five or fewer guest rooms and ten or fewer total occupants" (N.D.C.C. §§ 23-09-01(9), 23-09-16).

Question 46

Does North Dakota have rent control?

Accepted Answer

North Dakota bars political subdivisions from enacting, keeping or enforcing any ordinance that would control rent on private residential or commercial property. There is no statewide rent control.

Question 47

What is the warranty of habitability in North Dakota?

Accepted Answer

The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, and keep common areas clean and safe.

Question 48

Can a tenant withhold rent for repairs in North Dakota?

Accepted Answer

One narrow rule: if a landlord rents one room as a dwelling to more than one family, every tenant in the building under that landlord is relieved of paying rent while the double letting continues. No general rent withholding or escrow procedure was found in chapter 47-16 (full-text search).

Question 49

What disclosures must a landlord give in North Dakota?

Accepted Answer

Landlords must provide a signed move-in condition statement (47-16-07.2); give written notice of an automatic renewal clause at least 30 days before a lease of two months or more expires, or the lease converts to month-to-month (47-16-06.1); and state in the lease, with a space for the tenant's initials, any notice requirement longer than one month (47-16-15(4)).

Question 50

What is the scra / military lease termination rule in North Dakota?

Accepted Answer

No state statute letting servicemembers end a residential lease early was found in N.D. Cent. Code chapter 47-16.

Question 51

What is the right to cure / redeem rule in North Dakota?

Accepted Answer

If the landlord wins an eviction, the court can stay execution for up to five days when immediate removal would be a substantial hardship, except when the eviction rests on a disturbance of the peace. This is a hardship stay, not a right to cure; no statutory right to cure was found in chapters 47-16 or 47-32 (full-text search).

Question 52

What rights does a tenant have after foreclosure in North Dakota?

Accepted Answer

No state statute protecting tenants after foreclosure was found in N.D. Cent. Code chapter 47-16.

Question 53

Do landlords need a rental license or registration in North Dakota?

Accepted Answer

No state statute requiring rental registration was found in N.D. Cent. Code chapter 47-16.

Question 54

Can the city inspect my rental property in North Dakota?

Accepted Answer

No state statute creating a rental inspection program was found in N.D. Cent. Code chapter 47-16.

North Dakota landlord-tenant law FAQ