North Dakota Late fees
Can a landlord charge a late fee in North Dakota, and how much?
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.
Verified Source: N.D.C.C. ch. 47-16 · last checked 2026-10-15
What this means for landlords
A late fee is meant to cover the cost of rent coming in late, not to punish the tenant. The verified rule above sets out what North Dakota allows. A fee that breaks the rule may not be collectable, and it can hurt you in an eviction case.
Step by step
- Put the late fee, the due date and any grace period in the written lease.
- Check that the amount fits the rule above.
- Apply the fee the same way to every tenant.
- Show late fees as separate line items on the tenant ledger.
- Give the tenant a written notice of the fee when you charge it.
Common mistakes to avoid
- Charging a fee that isn't in the lease.
- Setting the fee higher than the rule allows.
- Charging the fee before any grace period has passed.
- Adding daily fees that keep growing with no cap.
- Treating unpaid late fees as unpaid rent in an eviction notice.
Same topic in neighboring states
All North Dakota landlord-tenant law · North Dakota landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)
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