| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in North Dakota?
North Dakota landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance, repairs, and improvements (including decorations).
- Showing the property.
- Emergencies.
Can a Landlord Enter Without Permission in North Dakota?
North Dakota landlords can legally enter a rental property without the tenant’s permission in emergencies, and when the landlord reasonably believes the tenant is violating the lease in a substantial way.
In all other cases, the landlord must get permission to enter by giving notice of the specific time for entry, unless it’s completely impracticable to do so. However, unless the tenant objects after getting the notice from the landlord, the law presumes the tenant’s consent to an entry.
Can a Landlord Enter Without the Tenant Present in North Dakota?
North Dakota landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in North Dakota?
North Dakota landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in North Dakota?
North Dakota landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in North Dakota?
North Dakota landlords have to provide reasonable advance notice before entering rental property, which includes a “time certain” for the entry. As a general rule, a minimum of 24 hours is reasonable notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in North Dakota?
North Dakota landlords can’t enter without proper advance notice, except in emergencies and situations where the landlord has reasonable grounds to think the renter is substantially violating the lease.
How Can Landlords Notify Tenants of an Intention To Enter in North Dakota?
North Dakota landlords can notify tenants about an intention to enter through any method that gives the tenant actual notice about the purpose, date, and specific time of entry. The law specifically includes posting a conspicuous written notice on the outside of the rental unit as a valid method.
Can a Tenant Refuse Entry to a Landlord in North Dakota?
North Dakota tenants can often refuse landlord entry, as long as they have reasonable grounds for objecting to the purpose, timing, or manner (for example, if the landlord wants to enter at 2:00 AM on a weeknight to do non-emergency repairs).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in North Dakota?
North Dakota landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Recover cost of any actual damages through a lawsuit.
- Recover attorney fees from the tenant (at the court’s discretion).
Can a Tenant Change the Locks Without Permission in North Dakota?
North Dakota tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in North Dakota?
North Dakota tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from entering.
- Recover cost of any actual damages through a lawsuit.
- Recover attorney fees from the tenant (at the court’s discretion).
Sources
- 1 N.D. Cent. Code § 47-16-07.3 (2021)
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“A landlord may enter the dwelling unit only during reasonable hours, and in a reasonable manner, for the purpose of inspecting the premises; for making necessary or agreed repairs, decorations, alterations, or improvements; for supplying necessary or agreed services; or for exhibiting the residential dwelling unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or contractors. Unless it is impractical to do so the landlord shall first notify and receive the consent of the tenant which shall not be unreasonably withheld, which consent shall identify a time certain. A landlord shall not abuse the right of access or use it to harass or intimidate the tenant. For the purposes of this section, consent shall be presumed from failure to object to access after notice of intent to enter at a time certain has been given. Notice may be given by personal service, by posting the notice in a conspicuous place in or about the dwelling unit for a reasonable period of time, or by any other method which results in actual notice to the tenant.”
Source Link - 2 N.D. Cent. Code § 47-16-07.3(1) (2021)
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“A landlord may enter the dwelling unit at any time in case of emergency or if the landlord reasonably believes the tenant has abandoned the premises, or the landlord reasonably believes the tenant is in substantial violation of the provisions of the lease or rental agreement.”
Source Link - 3 N.D. Cent. Code § 47-16-13.5 (2021)
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North Dakota law does not provide specific remedies regarding landlord entry rights. However, the default approach will be informed by the requirements for landlord and tenant to comply with applicable codes that materially affect health and safety under N.D. Cent. Code §§ 47-16-13.1(1)(a) and 47-16-13.2(1). This means “Any party aggrieved under sections 47-16-13.1 through 47-16-13.6 [general landlord and tenant obligations] may recover appropriate damages. However, the aggrieved party has a duty to mitigate damages.”
Source Link - 4 N.D. Cent. Code § 47-16-13.6 (2021)
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“Any right or action provided by sections 47-16-13.1 through 47-16-13.6 [general landlord and tenant obligations] is enforceable by action and the court may award reasonable attorney’s fees to the prevailing party.”
Source Link
