North Dakota Landlord-Tenant Law
Landlord-tenant laws vary between all 50 U.S. states which is why it’s important as a landlord to stay up to date on changes.
In North Dakota, both landlords and tenants have clearly defined legal rights and responsibilities. As a landlord, you're required to provide a habitable residence, comply with lease agreements, and respect tenant privacy. Tenants must pay rent on time, maintain the property reasonably, and avoid lease violations.
A lease agreement—whether written or oral—governs the landlord-tenant relationship. While written agreements are preferable for clarity, oral agreements are also legally enforceable in North Dakota. Landlords are obligated to give at least 24 hours’ notice before entering the property, unless there’s an emergency.
North Dakota Renters’ Rights and Landlord Responsibilities
Compliance with Fair Housing Laws in North Dakota
Fair housing compliance is a legal necessity, not an option. Under the North Dakota Human Rights Act and the federal Fair Housing Act, discrimination based on race, color, religion, sex, disability, familial status, or national origin is strictly prohibited.
This means landlords cannot:
-
Refuse to rent or impose different terms on a protected class.
-
Advertise in a discriminatory manner.
-
Deny reasonable accommodations to disabled individuals.
It’s essential to screen all applicants equally using the same criteria—credit, background, income verification—while ensuring no discriminatory language or decisions influence the rental process.
Security Deposits in North Dakota
Security deposits in North Dakota are regulated by NDCC Section 47-16-07.1. Landlords may charge up to one month’s rent as a security deposit. However, if the tenant has a felony conviction or negative credit history, landlords may collect up to two months’ rent.
Important deposit rules include:
-
Deposits must be returned within 30 days of the lease end date.
-
Any deductions must be itemized in writing.
-
Landlords may withhold amounts for unpaid rent, damages beyond normal wear and tear, and cleaning costs.
Failure to return a deposit within the legal timeframe can result in a tenant lawsuit, potentially doubling the deposit amount in damages.
Maintenance Responsibilities of Landlords
Landlords in North Dakota must ensure rental units meet basic habitability standards. This includes providing:
-
Functioning heating and plumbing systems.
-
Safe electrical wiring.
-
Clean, structurally sound conditions.
You’re responsible for maintaining common areas, addressing necessary repairs promptly, and complying with health and building codes. If landlords neglect these duties, tenants may issue a formal repair request. In severe cases, they might even withhold rent or terminate the lease early under the doctrine of "constructive eviction."
Eviction Procedures for North Dakota Landlords
Eviction in North Dakota must follow strict legal processes. The most common reasons for eviction include:
-
Nonpayment of rent.
-
Lease violations.
-
Property damage.
-
Refusal to vacate after lease expiration.
Here's how the process works:
-
Notice to Quit: A written notice (usually 3 days) is given, stating the reason and required action.
-
Summons and Complaint: If the tenant fails to comply, landlords must file an eviction lawsuit.
-
Court Hearing: Both parties can present their case.
-
Judgment and Removal: If the landlord wins, the court issues a writ of restitution, allowing law enforcement to remove the tenant.
Self-help evictions—like changing locks or shutting off utilities—are illegal and can lead to legal consequences for landlords.