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Tenant Rights in North Dakota

A comprehensive guide to your rights as a renter in North Dakota. Covers security deposits, eviction procedures, rent control, repair obligations, and when to get legal help.

Data last updated: Apr 16, 2026

Key Takeaways

  • Security deposit max: 1 month's rent (or the amount of the monthly damage payment, whichever is greater). If the tenant has a pet, an additional pet deposit may be charged separately..
  • Return deadline: 30 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Allowed.
1 month's rent (or the amount of the monthly damage payment, whichever is greater). If the tenant has a pet, an additional pet deposit may be charged separately. Security deposit maximum
30 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amount1 month's rent (or the amount of the monthly damage payment, whichever is greater). If the tenant has a pet, an additional pet deposit may be charged separately.
  • Return deadline30 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and charges authorized by the rental agreement. Must provide an itemized statement within 30 days.

Eviction Process

  • Notice requirements3-day notice for nonpayment of rent (with right to cure by paying rent and late fees). For lease violations, the notice period depends on the type of violation. 30-day notice for month-to-month tenancy termination.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 4 weeks for uncontested cases.

Rent Control

North Dakota law (N.D. Cent. Code § 47-16-02.1) prohibits local governments from enacting rent control.

Repair and Habitability

  • Repair and deductAllowed
  • Rent withholdingNot allowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to mitigate damages. Military members may terminate under the SCRA.

Key Statutes

  • North Dakota Landlord-Tenant Law: N.D. Cent. Code §§ 47-16-01 to 47-16-41
  • Security Deposits: N.D. Cent. Code § 47-16-07.1
  • Landlord Obligations: N.D. Cent. Code § 47-16-13.1
  • Retaliation: N.D. Cent. Code § 47-16-39

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in North Dakota

Frequently Asked Questions

  • What is the security deposit limit in North Dakota?

    North Dakota limits the security deposit to 1 month's rent (or the amount of the monthly damage payment, whichever is greater). Additional pet deposits may be charged separately.

  • Can I use repair and deduct in North Dakota?

    Yes. North Dakota tenants may use the repair-and-deduct remedy if the landlord fails to maintain the premises after proper notice. The tenant must give the landlord a reasonable time to make repairs before deducting the cost from rent.

  • How much notice is required for eviction for nonpayment in North Dakota?

    A landlord must give a 3-day notice for nonpayment of rent. The tenant has the right to cure by paying rent and late fees within the 3-day period.

  • Does North Dakota have rent control?

    No. North Dakota law prohibits cities and counties from enacting rent control under N.D. Cent. Code § 47-16-02.1.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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