A North Dakota rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. North Dakota landlord-tenant law governs and regulates these agreements.
North Dakota Rental Agreement Types
A North Dakota roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
North Dakota Required Residential Lease Disclosures
- Move-In Checklist (required for all leases) – North Dakota leases must include a move-in checklist in or alongside the lease. This lets tenants outline existing damages upon move-in, so that a landlord can make deductions if necessary from a security deposit.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a North Dakota residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in North Dakota, click here.
North Dakota Landlord Tenant Laws
- Warranty of Habitability – North Dakota landlords can only rent out property that’s habitable, which means providing certain features essential to basic health and safety like heating, plumbing, and electricity. Tenants may request repairs to these features within a “reasonable” amount of time after proper notice to the landlord. Failure to repair lets a tenant terminate the lease, sue the landlord, or repair and deduct from the rent. Rent withholding usually is forbidden.
- Evictions – North Dakota landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. Evictions in North Dakota are quite fast by national standards, usually only taking a few days.
- Security Deposits – North Dakota landlords can’t charge most tenants more than 1 month’s rent as a security deposit. Two months’ rent is allowed for convicted felons and those with previous leasing infractions. Pet deposits may not exceed $2,500 or 2 month’s rent (whichever is greater). Landlords must return any deposit funds not withheld within 30 days of lease termination.
- Lease Termination – North Dakota allows tenants to break a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – North Dakota does not place a maximum cap on the amount of a rent increase. Any increases must receive at least 30 days of advance notice to the tenant. Landlords generally have no restrictions as to the amount of a late fee or other administrative charge. Returned check fees are capped at a maximum of $40.
- Landlord Entry – North Dakota landlords can enter rental property for purposes reasonably related to the tenancy, like repairs and inspections. State law requires landlords to provide “reasonable” advance notice before entering (usually a minimum of 24 hours), unless it’s an emergency.
- Settling Legal Disputes – North Dakota allows landlord-tenant disputes in its small claims court, as long as the value in controversy is under $15,000. The state’s small claims courts do not have the power to handle eviction cases. Most landlord-tenant cases have a statute of limitations of six years in North Dakota.
To learn more about landlord tenant laws in North Dakota, click here.
Sources
- 1 N.D. Cent. Code § 6-08-16(2)(c)
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If the person does not pay the instrument in full and any collection fees or costs not in excess of forty dollars within ten days from receipt of the notice of dishonor provided for in subsection 4, the holder of the check, draft, electronic funds transfer authorization, or order or the holder’s agent or representative is entitled to bring a civil action to recover a civil penalty. The civil penalty is payment to the holder of the instrument or the holder’s agent or representative the lesser of two hundred dollars or three times the amount of each instrument.
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