North Dakota Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in North Dakota, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in North Dakota. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | North Dakota |
|---|---|
| Where these laws apply | North Dakota Century Code chapter 47-16 (Leasing of Real Property) sets no county, city, municipality or population limit on where it applies. It governs leasing, a contract by which one person gives another temporary possession and use of real property for reward and the other agrees to return possession at a future time. N.D.C.C. § 47-16-01 |
| Security deposit limit | One month's rent. Up to two months' rent may be accepted from a person convicted of a felony, as an incentive to rent to that person, and demanded from a person with a judgment against them for violating a previous rental agreement. A separate pet security deposit may be charged, up to the greater of $2,500 or two months' rent; it may not be charged for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. N.D.C.C. § 47-16-07.1(1), (2) |
| Where deposits are held | The landlord must deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. When the property changes owners, the deposit and accrued interest must be transferred to the new owner, and the former owner stays liable until it is. N.D.C.C. § 47-16-07.1(1), (5) |
| Returning the deposit | Within 30 days after the lease ends and the tenant gives up possession, the landlord must deliver or mail to the tenant's last address furnished to the landlord an itemization of any amount kept, the amount due, and a written notice stating any amount still owed to the landlord or the refund due the tenant. A landlord who withholds deposit money without reasonable justification is liable for treble damages. N.D.C.C. § 47-16-07.1(1), (3), (4) |
| Deposit deductions | Damage to the property by the tenant's pet or through the negligence of the tenant or the tenant's guest; unpaid rent; and the cost of cleaning or other repairs that were the tenant's responsibility and are needed to return the unit to its condition when the tenant moved in, reasonable wear and tear excepted. N.D.C.C. § 47-16-07.1(3) |
| Interest on deposits | Any interest accruing on the deposit must be paid to the tenant with the deposit when the lease ends, subject to the conditions the statute sets. The landlord does not have to pay interest if the tenant occupied the unit for less than nine months. N.D.C.C. § 47-16-07.1(1), (3) |
| Landlord entry notice | The landlord may enter at any time in an emergency, or if the landlord reasonably believes the tenant has abandoned the premises or is in substantial violation of the lease. Otherwise, entry is allowed only during reasonable hours and in a reasonable manner to inspect, make repairs or improvements, supply services or show the unit; unless it is impractical, the landlord must first notify the tenant and get the tenant's consent, which may not be unreasonably withheld and must name a specific time. Consent is presumed if the tenant does not object after notice of intent to enter at a specific time; notice may be given in person, by posting it conspicuously at the unit for a reasonable time, or by any method that gives the tenant actual notice. N.D.C.C. § 47-16-07.3 |
| Notice to end a month-to-month lease | Either party may end a month-to-month tenancy by giving at least one calendar month's written notice at any time, unless the parties agreed in writing to a longer notice period or a different notice time; rent is due up to and including the termination date. If a lease has converted to a month-to-month tenancy under section 47-16-06 or 47-16-06.1, either party may end it on the last day of a month with at least one calendar month's notice. N.D.C.C. § 47-16-15(2), (5) |
| Rent-increase notice | In a month-to-month lease, the landlord may change the terms, including the rent, by written notice given at least 30 days before the end of the month, effective at the end of the month if the tenant stays; the notice may be served in any reasonable manner that actually informs the tenant. After such a change, the tenant may end the lease at the end of the month by giving at least 25 days' notice. N.D.C.C. §§ 47-16-07, 47-16-15(3) |
| Late fees | No limit or grace period in North Dakota Century Code chapters 47-16 and 47-32. N.D.C.C. chs. 47-16, 47-32 (no provision) |
| Notice for unpaid rent | An eviction action may be brought if a tenant fails to pay rent for three days after it is due. Three days' written notice of intention to evict must be given to the tenant before the action can be started. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| Rent control | Not allowed. A political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged for leasing private residential or commercial property; this does not affect its right to manage and control residential property in which it holds a fee title interest. N.D.C.C. § 47-16-02.1 |
| Required landlord disclosures | When the rental agreement is entered, the landlord must give the tenant a statement describing the condition of the premises and facilities, agreed to and signed by both; it is prima facie proof of their condition at the start. For a residential lease with a specified term of two months or more, the landlord may enforce an automatic renewal clause only after notifying the tenant of it in writing, delivered personally or by first-class mail, at least 30 days before the current lease expires; without that notice the lease expires and converts to a month-to-month tenancy. N.D.C.C. §§ 47-16-07.2, 47-16-06.1 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage or public assistance. Age and status with respect to marriage or public assistance appear in North Dakota's law but not in the federal list. N.D.C.C. § 14-02.5-02(1); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in North Dakota listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in North Dakota?
One month's rent. Up to two months' rent may be accepted from a person convicted of a felony, as an incentive to rent to that person, and demanded from a person with a judgment against them for violating a previous rental agreement. A separate pet security deposit may be charged, up to the greater of $2,500 or two months' rent; it may not be charged for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. See the source in the table above.
How long does a North Dakota landlord have to return a security deposit?
Within 30 days after the lease ends and the tenant gives up possession, the landlord must deliver or mail to the tenant's last address furnished to the landlord an itemization of any amount kept, the amount due, and a written notice stating any amount still owed to the landlord or the refund due the tenant. A landlord who withholds deposit money without reasonable justification is liable for treble damages. See the source in the table above.
How much notice must a North Dakota landlord give before entering?
The landlord may enter at any time in an emergency, or if the landlord reasonably believes the tenant has abandoned the premises or is in substantial violation of the lease. Otherwise, entry is allowed only during reasonable hours and in a reasonable manner to inspect, make repairs or improvements, supply services or show the unit; unless it is impractical, the landlord must first notify the tenant and get the tenant's consent, which may not be unreasonably withheld and must name a specific time. Consent is presumed if the tenant does not object after notice of intent to enter at a specific time; notice may be given in person, by posting it conspicuously at the unit for a reasonable time, or by any method that gives the tenant actual notice. See the source in the table above.
How much notice ends a month-to-month lease in North Dakota?
Either party may end a month-to-month tenancy by giving at least one calendar month's written notice at any time, unless the parties agreed in writing to a longer notice period or a different notice time; rent is due up to and including the termination date. If a lease has converted to a month-to-month tenancy under section 47-16-06 or 47-16-06.1, either party may end it on the last day of a month with at least one calendar month's notice. See the source in the table above.
How much notice is required for a rent increase in North Dakota?
In a month-to-month lease, the landlord may change the terms, including the rent, by written notice given at least 30 days before the end of the month, effective at the end of the month if the tenant stays; the notice may be served in any reasonable manner that actually informs the tenant. After such a change, the tenant may end the lease at the end of the month by giving at least 25 days' notice. See the source in the table above.
How much can a North Dakota landlord charge for late rent?
No limit or grace period in North Dakota Century Code chapters 47-16 and 47-32. See the source in the table above.
How much notice must a North Dakota landlord give when rent is unpaid?
An eviction action may be brought if a tenant fails to pay rent for three days after it is due. Three days' written notice of intention to evict must be given to the tenant before the action can be started. See the source in the table above.
Does North Dakota have rent control?
Not allowed. A political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged for leasing private residential or commercial property; this does not affect its right to manage and control residential property in which it holds a fee title interest. See the source in the table above.
Rentals in North Dakota listed by owners
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