Key Takeaways
Security Deposit Rules are Strict: Standard security deposits are capped at one month’s rent (with exceptions for pets or high-risk tenants) and must be placed in an interest-bearing account. Deposits must be returned within 30 days of lease termination.
Mandatory Disclosures and Condition Statement: Landlords must provide a clear written statement detailing the condition of the rental unit at move-in, which must be signed by both parties. They must also identify the owner or authorized manager in the lease.
Habitability and Repair Obligations: Landlords are legally required to provide and maintain a habitable unit, including essential services like plumbing and heat. If a landlord fails to make necessary repairs in a reasonable time after written notice, tenants have limited rights to “repair and deduct” or terminate the lease.
Understanding North Dakota landlord-tenant laws helps both property owners and renters maintain respectful, safe and compliant rental relationships. North Dakota state law dictates many aspects of the rental process, including landlord responsibilities, tenant rights, and the requirements for a lease or rental agreement.
The rules found in the North Dakota Century Code govern everything from required disclosures and habitability standards to deposit handling, privacy, discrimination protections and eviction procedures.
For landlords, complying with North Dakota landlord-tenant laws helps prevent costly disputes, protects investments and promotes successful rental relationships. For tenants, understanding these laws helps ensure fair treatment throughout the tenancy and provides clarity about their legal rights and responsibilities.
For expert guidance or full-service management, contact Personal Touch Property Management today.
Required Landlord Disclosures in North Dakota
Under North Dakota landlord-tenant law, several disclosures and required documents must be provided at or before the start of a tenancy to help both the landlord and tenant understand their rights and responsibilities. North Dakota law dictates these requirements to promote transparency and reduce disputes involving a rental property.
North Dakota landlords must clearly identify any nonrefundable fees in the lease agreement or lease or rental agreement, explaining what the fees cover and the conditions under which they apply. They must also provide a written, signed statement describing the condition of the rental unit at move-in.
This move-in inventory protects both the tenant and landlord by documenting the condition of the rental property before occupancy, helping prevent disagreements over damages during or after the lease period.
Tenants who are victims of domestic violence have special statutory protections, including the right to terminate a lease early if they provide proper notice and supporting documentation, such as a protection order.
Although the Truth in Renting Act does not apply in North Dakota, North Dakota landlords must identify the name and address of the property owner or authorized manager in the lease agreement.
Finally, while the state does not require a specific checklist format, North Dakota landlord-tenant law requires that the move-in condition inventory be completed and signed by both parties at the beginning of the lease period.
North Dakota Tenant Rights and Responsibilities
Landlords and tenants each have defined rights and responsibilities that govern their relationship.
Tenant Rights
Under North Dakota law and applicable landlord-tenant laws, every North Dakota tenant has the right to live in a rental unit that meets basic health, safety and habitability standards. Tenants are entitled to timely repairs after providing appropriate tenant notice to the landlord, as well as protection from unlawful eviction or retaliation.
A North Dakota tenant is also entitled to quiet enjoyment of their home, meaning they should be able to occupy the premises without unreasonable intrusion throughout the term of their rental agreement or lease agreement.
In return, tenants are expected to make timely rent payments, comply with the terms of the lease, and understand how their security deposit may be used at the end of the tenancy.
Before entering into a rental agreement, many property owners conduct North Dakota tenant screening as part of the application process. Tenant screening helps landlords evaluate prospective renters while ensuring compliance with applicable laws and fair housing requirements.
If you need support understanding your lease agreement, rental agreement, or rights as a North Dakota tenant, PTM Properties is here to help.
Tenant Responsibilities
Tenants must keep their unit clean and sanitary, pay rent on time, respect neighbors, and comply with their lease terms.
They are responsible for reporting needed repairs promptly, using the property in a reasonable manner and avoiding intentional damage. Tenants should also provide proper notice before moving out, as outlined in their lease.
North Dakota Landlord Rights and Responsibilities
Landlords have their own rights and responsibilities in North Dakota.
Landlord Rights
Under North Dakota landlord-tenant laws, North Dakota landlords have the right to collect rent, enforce the terms of a lease, and receive compensation for damages beyond normal wear and tear. They may also enter the property at reasonable times for inspections, repairs or showings, as permitted by law.
If tenants fail to comply with their lease obligations, including failing to pay unpaid rent, North Dakota landlords may pursue formal eviction through the legal process.
Landlords may also require a security deposit, which is generally capped at one month’s rent unless certain exceptions apply, such as tenants with pets or prior judgments. Any deductions from a tenant’s security deposit must comply with applicable landlord-tenant laws.
Many North Dakota landlords also use North Dakota tenant screening as part of the leasing process to help evaluate prospective tenants before entering into a rental agreement.
Landlord Responsibilities
Landlords must provide habitable housing, which includes functioning plumbing, adequate heating, running water, including hot water, safe structural components and properly installed smoke and carbon monoxide detectors.
They must respond to repair requests within a reasonable period and cannot engage in self-help eviction tactics such as changing locks without a court order.
Landlords must also comply with health and housing codes and respect tenants’ privacy and quiet enjoyment of the property. Complying with these duties helps protect both the rental property and the landlord’s legal standing.
An Overview of Key Landlord-Tenant Laws in North Dakota
North Dakota has specific statutes that govern several critical aspects of the landlord-tenant relationship.
Tenant Privacy and the Landlord’s Right to Enter
Landlords may enter a rental unit to perform repairs, inspect the premises, show the unit to prospective tenants or buyers, or address emergencies. Entries must be made at reasonable times and in a sensible manner.
Except in emergencies, tenants should be notified in advance and their consent obtained, which shall not be unreasonably withheld.
The Condition, Maintenance and Repairs
Landlords must maintain the major building systems in safe working order. After receiving written notice of an issue, they must address repairs in a reasonable timeframe, with urgency depending on the severity of the problem.
If a landlord does not act within a reasonable time, tenants may be permitted to make certain essential repairs and deduct the cost from their rent or pursue other remedies allowed under North Dakota law.
North Dakota’s Housing Discrimination Laws
North Dakota landlords must follow federal and state fair housing laws. Discrimination is prohibited based on race, color, religion, national origin, sex, familial status, disability, marital status, and receipt of public assistance.
Advertising, tenant screening, lease decisions and everyday management must treat all applicants and residents consistently without discriminatory intent or effect.
Security Deposits
Under North Dakota landlord-tenant law, security deposit rules are clearly defined. For most tenancies, the maximum deposit is limited to one month’s rent, although higher amounts may be charged to tenants with pets or certain risk factors associated with the rental property.
A tenant’s security deposit must be kept in a federally insured interest-bearing account. Landlords are required to pay interest on the deposit to tenants who occupy the rental unit for at least nine months, as required by law.
At the end of the lease agreement, landlords must return the tenant’s security deposit, minus any lawful deductions for unpaid rent, damages beyond normal wear and tear, or other allowable charges, within 30 days after the lease ends.
Required Landlord Disclosures
In addition to the move-in condition inventory and identification of the owner or agent, landlords must provide standard lead-based paint disclosures for properties built before 1978.
Any material information that could impact health, safety or habitability should be communicated clearly.
Renters’ Rights to Withhold Rent
In North Dakota, tenants generally are not permitted to withhold rent, and paying rent remains a legal obligation unless the tenant is using a remedy specifically authorized under state law or the lease agreement.
Tenants who experience significant repair issues must provide written notice to the landlord and allow a reasonable opportunity for the problem to be corrected. Only in very limited circumstances may tenants make necessary repairs and deduct the cost from their rent.
Failing to continue paying rent without a legal basis may place tenants in violation of their lease agreement and could result in late fees, eviction proceedings, or other legal consequences. Landlords may also seek to recover up to the equivalent of a month’s rent or other amounts owed, depending on the circumstances and applicable North Dakota law.
Small Claims Lawsuits in North Dakota
Landlords and tenants may take disputes involving rent, damages or security deposits to small claims court.
In cases where a landlord wrongfully withholds a security deposit, the court may impose severe penalties, including up to triple the amount wrongfully withheld, plus court costs.
Rent Increases
While there are no statewide rent control laws in North Dakota, a landlord must provide proper written notice before increasing the rent. For a month-to-month lease, this notice is typically 30 days.
For longer leases, the increase cannot take effect until the end of the term.
Notices to Quit
In North Dakota, the required notice period for a landlord to begin eviction proceedings is often three days for issues like nonpayment of rent or lease violations. For terminating a month-to-month tenancy, a 30 Day Notice to Quit is typically required.
Bottom Line
North Dakota’s landlord-tenant laws offer a balanced and fair framework that protects the interests of both renters and property owners.
By understanding key rules such as required disclosures, security deposit regulations, habitability standards, entry rules, discrimination laws and repair obligations, both landlords and tenants can create a positive and legally sound rental experience.
For help managing legal compliance and tenant relations, Personal Touch Property Management offers professional property management you can rely on.
Legal Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.