Most places, including North Dakota, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
North Dakota Implied Warranty of Habitability
In North Dakota, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in North Dakota
Note: Check local city/county laws and ordinances for additional requirements. Local requirements supersede any less strict requirements in state law. In addition, North Dakota lets tenants take responsibility for certain repairs by specific agreement. Check leases carefully.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in North Dakota
North Dakota landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to maintain it if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in North Dakota?
North Dakota landlords don’t have to replace things like air filters, unless required heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in North Dakota
North Dakota landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in North Dakota?
North Dakota landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in North Dakota?
North Dakota landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in North Dakota Responsible for Fixing Leaks?
North Dakota landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in North Dakota
North Dakota landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s responsibility to keep such appliances in good working order.
Landlord Responsibilities for Electrical Issues in North Dakota
North Dakota landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in North Dakota?
North Dakota landlords are not responsible for replacing light bulbs or particular light fixtures, except as necessary to keep provided appliances in good working order.
Landlord Responsibilities for Garbage Removal in North Dakota
North Dakota landlords must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in North Dakota
North Dakota landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in North Dakota
North Dakota landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in North Dakota
North Dakota landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in North Dakota
North Dakota landlords have no specific responsibility to provide or replace window screens. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in North Dakota
North Dakota landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in North Dakota?
North Dakota landlords are responsible for replacing batteries of safety devices such as smoke alarms and CO detectors, since these are appliances required to be supplied by the landlord.
Landlord Responsibilities for Washers and Dryers in North Dakota
North Dakota landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s responsibility to keep such appliances in good working order.
Renter’s Rights for Repairs in North Dakota
North Dakota renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue. The landlord gets a “reasonable time” after notice to fix the issue.
If the issue isn’t fixed within a reasonable time, the renter can sue to force repairs or recover monetary damages, repair and deduct, or move out and end the lease. Rent withholding is technically legal, but discouraged.
Sources
- 1 N.D. Cent. Code § 47-16-13.1(1)(a) - (1)(e) (2021)
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“A landlord of a residential dwelling unit shall: a. Comply with the requirements of applicable building and housing codes materially affecting health and safety. b. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. c. Keep all common areas of the premises in a clean and safe condition. d. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord. e. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.”
Source Link - 2 N.D. Cent. Code § 47-16-13.1(1)(f) (2021)
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“A landlord of a residential dwelling unit shall supply running water and reasonable amounts of hot water at all times and reasonable heat, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or if the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection or if the water or heat is unavailable due to supply failure by a public utility.”
Source Link - 3 B.W.S. Investments v. Mid-Am Restaurants, 459 N.W.2d 759, 763 (N.D. 1990) (internal citations omitted)
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“North Dakota statutory law requires a landlord of a residential dwelling unit to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
Source Link - 4 N.D. Cent. Code § 47-16-13.1(3) (2021)
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“If the duty imposed by subdivision a of subsection 1 [landlord’s obligation to comply with applicable codes] is greater than any duty imposed by any other subdivision of that subsection, the landlord’s duty shall be determined by reference to subdivision a of subsection 1.”
Source Link - 5 N.D. Cent. Code § 47-16-13.1(4) & (5) (2021)
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“4. The landlord and tenant of a single-family residence may agree in writing that the tenant perform the landlord’s duties specified in subdivisions e and f of subsection 1 [garbage, heat, hot water] and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith.
“5. The landlord and tenant of any dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: a. The agreement of the parties is entered into in good faith and is set forth in a separate writing signed by the parties and supported by adequate consideration. b. The work is not necessary to cure noncompliance with subdivision e of subsection 1 [landlord’s obligation to provide heating and hot water]. c. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.”
Source Link - 6 N.D. Cent. Code § 47-16-13.2 (2021)
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“A tenant of a residential dwelling unit shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit. 3. Periodically remove all ashes, garbage, rubbish, and other waste from the tenant’s dwelling unit, and dispose of them in a clean and safe manner. 4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits. 5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises. Page No. 5 6. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so. 7. Conduct oneself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the tenant’s neighbors’ peaceful enjoyment of the premises.”
Source Link - 7 N.D. Cent. Code § 24.1-06-01-40(1) (2020)
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“Dwelling units, congregate residences, and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke alarms.”
Source Link - 8 N.D. Cent. Code § 24.1-06-01-40(3) (2020)
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“An approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.”
Source Link - 9 N.D. Cent. Code § 47-16-13.1(2) (2021)
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“In case of noncompliance with the requirements of subdivisions b through f of subsection 1 [landlord and tenant responsibilities for maintenance], a reasonable time shall be allowed to remedy such noncompliance.”
Source Link - 10 N.D. Cent. Code § 47-16-13 (2021)
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“If within a reasonable time after notice from the lessee of dilapidations which the lessor ought to repair the lessor neglects to do so, the lessee may: 1. Repair the premises and deduct the expense of such repair from the rent; 2. Recover it in any other lawful manner from the lessor; or 3. Vacate the premises, in which case the lessee shall be discharged from further payment of rent or performance of other conditions.”
Source Link - 11 N.D. Cent. Code § 47-16-13.5 (2021)
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“Any party aggrieved under sections 47-16-13.1 through 47-16-13.6 [landlord and tenant obligations] may recover appropriate damages. However, the aggrieved party has a duty to mitigate damages.”
Source Link - 12 South Forks Shopping Ctr. v. Dastmalchi, 446 N.W.2d 440, 444 (N.D. 1989)
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“[A] breach of an express or implied condition of habitability of a residence may justify a tenant in not paying some or all of the rent.” South Forks Shopping Ctr. v. Dastmalchi, 446 N.W.2d 440, 444 (N.D. 1989). Note that the court in this case did not permit the tenant to withhold rent.
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