| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in North Dakota?
North Dakota landlords are not clearly prohibited from retaliating against tenants. Case law implies that tenants may be able to sue for retaliatory evictions related to maintenance complaints or non-renewal of a lease. However, there is no clear standard in the law yet.
What Can Tenants Do in Response in North Dakota?
North Dakota tenants have no clear options for responding to retaliation. Retaliation cannot be used as a counterclaim in a normal eviction action. However, tenants may be able to sue a retaliating landlord after eviction for monetary damages. The law does not yet clearly address this question.
Sources
- 1 Nelson v. Johnson, 778 N.W.2d 773, 783 (N.D. 2010) (internal citations omitted)
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“…this eviction action was not the appropriate venue for a claim for retaliatory eviction. …In an eviction action, ‘the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.’ We conclude Johnson’s counterclaim for retaliatory eviction is not appropriate in this action, because it does not involve a setoff for damages or for rents and profits.”
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