Landlord Tenant Laws in North Dakota (ND)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
North Dakota's landlord-tenant laws are governed by N.D. Cent. Code § 47-16-01 et seq.. The state receives a tenant-friendliness grade of D (Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. North Dakota has moderate protections. Deposit generally limited to 1 month (2 months in specific circumstances like credit risk). Tenants may repair and deduct but cannot withhold rent.
Security Deposit Rules in North Dakota
North Dakota limits security deposits to 1 month's rent (2 months if landlord can show risk). This cap helps ensure that tenants are not burdened with excessive upfront costs when renting a home. Landlords must return the deposit within 30 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in North Dakota
In North Dakota, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in North Dakota.
Tenant Rights in North Dakota
North Dakota provides some remedies for tenants facing habitability issues. Tenants may repair and deduct when landlords fail to maintain the property, but rent withholding is not permitted. Tenants should carefully follow the statutory procedure before exercising any remedy.
Rent Control in North Dakota
North Dakota has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in North Dakota
Landlords in North Dakota are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Provide Reasonable notice notice before entering the rental unit (except emergencies)
- Return security deposits within 30 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in North Dakota
Many cities in North Dakota have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.
Fargo
Fargo follows state law. No additional local tenant protections.
Bismarck
State capital follows North Dakota landlord-tenant law without local additions.
Grand Forks
University town follows state law.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. North Dakota scores 41 out of 100, earning a grade of D (Landlord-Friendly).
How North Dakota Compares
Below is a comparison of North Dakota with five states that have similar tenant-friendliness scores. This can help you understand where North Dakota falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| North Dakota (ND) | 41 | D | 1 month's rent (2 months if landlord can show risk) | 3 days | Rent Control Preempted |
| Florida (FL) | 42 | D | No statutory limit | 3 days | Rent Control Preempted |
| Alabama (AL) | 38 | D | 1 month's rent | 7 days | Rent Control Preempted |
| Kansas (KS) | 44 | D | 1 month's rent (unfurnished); 1.5 months (furnished) | 3 days | Rent Control Preempted |
| Nevada (NV) | 44 | D | 3 months' rent | 7 days | Rent Control Preempted |
| Oklahoma (OK) | 37 | D | No statutory limit | 5 days | Rent Control Preempted |
Frequently Asked Questions About North Dakota Landlord-Tenant Laws
How much can a landlord charge for a security deposit in North Dakota?
In North Dakota, the security deposit limit is 1 month's rent (2 months if landlord can show risk). The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in North Dakota?
For nonpayment of rent, North Dakota requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in North Dakota if my landlord won't make repairs?
No, North Dakota does not allow tenants to withhold rent. However, repair-and-deduct may be available as a remedy.
Does North Dakota have rent control?
No, North Dakota prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in North Dakota?
Landlords in North Dakota must give Reasonable notice notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of North Dakota are primarily found in N.D. Cent. Code § 47-16-01 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.