In North Dakota, a landlord’s right to access is governed by N.D. Cent. Code § 47-16-07.3. While the law protects tenant privacy, it includes unique provisions regarding “presumed consent.”
Notice Requirements
For non-emergencies (inspections, repairs, or showings), the landlord must:
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Provide reasonable notice (typically interpreted as 24 hours).
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Identify a “time certain” for the entry.
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Enter only during reasonable hours and in a reasonable manner.
When Permission is NOT Required
A landlord may enter without immediate consent or advance notice in these specific cases:
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Emergencies: Immediate danger to life or property (e.g., fire or flood).
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Substantial Lease Violation: If the landlord reasonably believes the tenant is significantly breaching the lease terms.
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Abandonment: If the landlord reasonably believes the tenant has vacated the property.
The “Presumed Consent” Rule
Unique to North Dakota, if a landlord provides notice of entry for a specific time and the tenant fails to object, the law presumes the tenant has consented. Tenants cannot “unreasonably withhold” consent for necessary maintenance or inspections.
The information for this answer was found on our North Dakota Landlord Tenant Rights answers.