Under North Dakota law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under ND Century Code Chapter 47-16, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in North Dakota
In North Dakota, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to North Dakota’s habitability requirements:
Landlords in North Dakota may or may not be responsible for the following:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in North Dakota
Landlords must perform necessary repairs in a timely manner. In North Dakota, landlords must make repairs within a “reasonable time” after getting written notice from tenants.
If repairs aren’t made in a timely manner, North Dakota tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make repairs and deduct from the rent, but usually aren’t allowed to unilaterally withhold rent.
Tenant Responsibilities in North Dakota
Aside from paying rent on time, North Dakota tenants must:
- Maintain the unit in safe and habitable condition.
- Maintain cleanliness to a certain standard.
- Perform minor maintenance and repairs.
- Not disturb other tenants or neighbors.
Evictions in North Dakota
Evictions in North Dakota are generally pursued for four major reasons:
- Nonpayment of Rent: If a North Dakota tenant does not pay rent on time, the landlord can issue a 3-Day Notice to Pay. If the rent is still not paid, then the landlord can pursue eviction.
- Lease Violation: If a lease violation occurs then the landlord may issue a 3-Day Notice to Quit. The landlord may add guidance on how to remedy the issue, but they are not required to.
- No Lease/End of Lease: If a tenant stays in the rental unit after the lease term has expired, the landlord may proceed with issuing a Notice to Quit. The amount of time required in the notice depends on the type of tenancy.
- Month-to-Month: 30-Day Notice to Quit.
- All Other Tenancies: For all other tenancies, landlords must give their tenants at least as much notice as the rent payment period or 30 days’ notice, whichever is less.
- Sale of a Rental Unit: If the rental unit is being sold, the landlord must provide the tenant with a 3-Day Notice to Quit.
Landlord Retaliation in North Dakota
Almost every state prevents landlords from evicting tenants in retaliation for actions like reporting unsafe housing conditions. The law on retaliatory eviction isn’t clear in North Dakota. Judges have signaled they are potentially willing to hear defenses related to retaliatory eviction, but there are currently no specific cases decided on the topic.
Security Deposits in North Dakota
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: The maximum is typically one month’s rent, but landlords can collect two months’ rent from tenants with a felony or judgment against them.
- Inventory Requirement: In order to collect security deposits, landlords must provide tenants with a comprehensive list of existing damage to the rental unit.
- Holding Requirement: Landlords must hold security deposits in a federally-insured, interest-bearing checking or savings account.
- Interest Requirement: Landlords must provide the actual interest earned on held security deposits unless the lease term is shorter than 9 months.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, damage excluding normal wear and tear, and cleaning/repair costs.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for three times the amount wrongfully withheld plus court costs.
Lease Termination in North Dakota
Notice Requirements: Tenants who wish to break a periodic lease must provide the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: North Dakota tenants can legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in North Dakota
If a North Dakota tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in North Dakota
North Dakota does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because North Dakota does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give at least 30 days’ notice before increasing the rent. However if the rental unit is a mobile home and the tenancy is month-to-month, landlords must give at least 90 days’ notice before increasing the rent.
Housing Discrimination in North Dakota
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, sex, familial status, religion, or disability. This law does not apply to homes operated by religious organizations and some owner-occupied homes. State law adds further legal protections for marital status, receipt of public assistance, or status as a domestic abuse victim.
Discriminatory Acts & Penalties: North Dakota’s Department of Labor and Human Rights handles cases related to housing discrimination. The following actions have been noted as possibly discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Failing to make reasonable accommodations.
- Offering different terms, conditions, or privileges.
- Posting advertisements that encourage or discourage certain groups from applying.
- Representing the demographics of the neighborhood to encourage the sale or rental of a property.
If you are a victim of housing discrimination then you can file a complaint with the Department of Labor’s website. If the complaint is found to be justified, the department may regulate a landlord’s ability to rent and findings can be used as the basis for civil litigation.
Additional Landlord Tenant Regulations in North Dakota
In addition to having laws that address general issues like repairs and security deposits, most states, including North Dakota, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in North Dakota
North Dakota landlords have the right to enter rental property for inspections, maintenance, and property showings. Before entering, they must give “reasonable” advance notice to the tenant, of usually at least 24 hours unless there’s a reason to justify a lesser amount. Landlords don’t have to give notice or get permission if there’s an emergency.
Rent Collection & Related Fees in North Dakota
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in North Dakota
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $15,000. North Dakota Small Claims Court is a division of District Court. The process takes approximately one to two months.
Mandatory Disclosures in North Dakota
North Dakota landlords must make these mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about lead-based paint concentrations used in the building.
- Move-In Checklist: A landlord must provide a move-in checklist that outlines the inventory and condition of the rental property.
Changing the Locks in North Dakota
North Dakota law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for North Dakota Renters
Many cities in North Dakota have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Small Claims Court Self-Help – This article, produced by the North Dakota Court System, outlines all of the information both landlords and tenants need to know before filing a small claims case. This includes a list of all the forms that need to be filled out, as well as the procedural steps that occur after a case has been accepted.
Eviction for Landlords – This article outlines the eviction process. It includes links to forms that must be filed with a civil court to initiate the eviction process.
