The North Dakota rental application form is a document that landlords provide to prospective tenants to help determine their viability as a renter. The information collected relates to rental history and financial information, which is then used for background screening purposes.
- Application Fee – there is no limit on application fees imposed by North Dakota landlords.
- Discrimination Laws – North Dakota offers additional state protections against discrimination along with FHA laws. This makes it illegal in North Dakota to ask about classes like race, color, religion, age, nationality, or familial status (such as children who will live in the property), with some exceptions. Any additional protections may vary by county or municipality..
- Consent for Credit Check – the Federal Credit Reporting Act (FCRA) requires a prospective tenant to give written consent to check their credit history during the screening process.
North Dakota Rental Application Laws
The following laws apply to the application and tenant screening process in the state of North Dakota.
Collecting an Application Fee in North Dakota
There are no restrictions on North Dakota application fees.
Illegal Housing Discrimination in North Dakota
Federal and state laws are in effect in North Dakota to protect potential renters from unfair discrimination during the application process.
Fair Housing Act
The Federal Fair Housing Act makes it illegal to discriminate against the following protected classes:
- National Origin (Nationality)
- Familial Status (having or not having children)
- Disability (Physical or Mental)
As a result, asking about any of these items on a rental application form (and/or using them to base an application decision on) is not allowed.
North Dakota Fair Housing Laws
North Dakota state laws add additional protections for the following classes:
- Marital Status
- Source of Income (Public and/or Rental Assistance)
These criteria may not be asked about in writing or in person, and may not be used in the consideration of a rental application.
Exemptions to Fair Housing Laws
Exemptions from Fair Housing laws do exist. In North Dakota, the following exemptions are allowed:
- Age/Familial Status – it is acceptable to ask about and base an application decision on applicant age and/or if children will occupy the rented premises in any of the below cases:
- Two-family owner-occupied dwellings.
- Housing for Older Persons Exemption – landlords may ask for an applicant’s age in the case of age-restricted communities such as senior housing. This federal exemption, known as the “Housing for Older Persons” exemption, can apply to 55 or older communities that meet the requirements.
- Mrs. Murphy Exemption – dwellings with four units or less where one unit is occupied by the owner are exempt from Fair Housing Laws, unless a real estate agent represents the landlord. Additionally, race cannot be a deciding factor as per the Civil Rights Act of 1866
- Religious Organizations – religion can be used as a basis for giving preference to certain applicants for property that is owned, operated, supervised, or controlled by a religious organization that does not rent for commercial purposes. However, other protected classes may not be the basis for making a decision as a result of this exemption. 42 U.S. Code § 3607
- Private Clubs – private clubs that operate without public access or commercial intent may provide preferential treatment of applications for lodgings owned or operated by the club. 42 U.S. Code § 3607
Federally, race is a non-exemption criteria that cannot have an influence on the choice of whether to rent to an applicant or not regardless of existing exemptions.
Consent for Credit Checks
Before a landlord can run a credit check based on the prospective tenant’s information on the submitted rental application, the Federal Credit Reporting Act requires that written consent must be given by the applicant. This written consent can be given via a statement of such and signature on the rental application form itself, or via a separate consent form (example template).
North Dakota Security Deposit Law
If an applicant is approved, the following laws apply to the collection of security deposits in North Dakota:
- Standard Limit / Maximum Amount: One month’s rent is the maximum limit a North Dakota landlord can charge for a security deposit, with some exceptions. If the applicant has been convicted of a felony offense, the landlord may charge up to 2 months’ rent. The landlord may also charge up to 2 months’ rent as a security deposit if the applicant has had a judgment entered against them for violating the terms of a previous rental agreement. Additionally, landlords can charge a maximum of 2 months’ rent or up to $2,500 for a pet deposit, whichever is less. (N.D.C.C. § 47-16-07.1)
- Receipt Requirements: There is no requirement for a North Dakota landlord to provide a receipt for a security deposit.
- Financial Holdings: A security deposit must be held in a federally insured interest-bearing account. If the period of occupancy is shorter than nine months, the landlord is not required to pay interest on the security deposit.
Sending Rental Application Forms
Landlords can send rental application forms to tenants in one of two ways:
- Manually – using the PDF and Word templates available for free on our website (see the top right of this webpage), landlords can send a rental application form to tenants via a physical copy or email.
- With Software – most popular property management software services include an online rental application form that can automate the collection and screening process for landlords.
For reviews of popular property management software, click here.
Processing a Rental Application
The next step in the tenant screening process is to use the information on the rental application form to conduct a background check:
- Credit Check – subject to the tenant’s written consent, a credit check will either provide a simpler “pass/fail” report, or a full credit report including the tenant’s credit score and information about their income, employment, past addresses, credit inquiries and more.
- Eviction Check – an eviction check aims to show the tenant’s history of eviction filings or judgments against them at any point in the last 7 years.
- Criminal History Check – a criminal history check aims to show any records involving the tenant in state court criminal records or in databases such as the national sex offender public registry.
North Dakota Eviction Record Search
Evictions are a part of public record, which means they can be accessed by anyone. Landlords looking to complete their own background check can access the case files through the North Dakota court website.
To access the eviction records:
- Visit the North Dakota Courts Records Inquiry.
- Select a location from the dropdown menu and then select Civil, Family & Probate Case Records.
- Enter the applicant’s name and any other applicable information you may have, select ‘Forcible Detainer’ from the Case Type menu, and any cases involving the applicant will pop up.
- Select the case number to be taken to the case details.
Responding to Rental Applications
If an applicant meets all of your tenant screening criteria, then there’s nothing you need to do beyond notifying them and moving forward with the normal leasing process.
However, if you acquire a consumer report for an applicant (i.e. credit, eviction or criminal history) and you make an “adverse action” against them (EVEN IF the report’s information wasn’t the primary reason for doing so), you are required to provide the tenant with a notice letter that includes certain details, known as an “adverse action notice”.
An adverse action is defined as either rejecting the applicant or instituting additional/higher requirements than you have for another applicant (i.e. requiring a co-signer, larger security deposit, higher rent or an additional deposit).
In these cases, an adverse action notice is required to be sent to the applicant, and must include the following:
- The agency’s name, address and phone number that supplied the report.
- A statement explaining that the CRA didn’t make the decision for the adverse action themselves, and as a result, that they can’t explain why the decision was made.
- A statement explaining the applicant’s right to dispute such information and their right to a copy of the report in question within 60 days.
To learn more about requirements surrounding adverse action notices, see this article from the Federal Trade Commission. To get an idea of what an adverse action notice might look like, see this example letter.
Additionally, to protect against accusations of illegal discrimination, it is always recommended to include the exact reason why the application was not approved in the rejection letter.