North Dakota Landlord-Tenant Law

North Dakota caps most security deposits at 1 month's rent (3 exceptions apply), and requires its return within 30 days after move-out; entry follows a "Notice and tenant consent identifying a time certain, unless impractical; entry only at reasonable hours and in a reasonable manner; consent presumed from failure to object after notice; no notice for emergencies, suspected abandonment, or a reasonable belief of substantial lease violation" standard, and state law bars cities from adopting rent control.

Last verified: 2026-10-28 · Researched and cited by MakeLease · not yet attorney-reviewed

Security deposits in North Dakota

Maximum deposit

Landlords may not take a security deposit above one month's rent, except up to two months from a tenant with a felony conviction or a prior rental-agreement judgment, plus a separate pet deposit up to the greater of $2,500 or two months' rent (N.D.C.C. § 47-16-07.1(1)-(2)). (N.D.C.C. § 47-16-07.1(1)-(2))

One month's rent; up to two months for tenants with a felony conviction or a prior judgment for violating a rental agreement; a separate pet deposit up to the greater of $2,500 or two months' rent

Tenant convicted of a felony (as an incentive to rent): 2 months' rent maximum
Tenant with a judgment entered against them for violating a previous rental agreement: 2 months' rent maximum
Pet security deposit (not for service or assistance animals): up to the greater of $2,500 or two months' rent: no cap applies

Return deadline

Landlords must deliver or mail the deposit balance, with an itemization of any amounts kept, within 30 days after the lease ends and the tenant surrenders possession (N.D.C.C. § 47-16-07.1(3)). (N.D.C.C. § 47-16-07.1(3))

Itemized deductions

Any part of the deposit not refunded must be itemized in a written notice that states any amount still owed to the landlord or the refund due, delivered or mailed within 30 days (N.D.C.C. § 47-16-07.1(3)). (N.D.C.C. § 47-16-07.1(3))

Interest on deposits

Landlords must hold deposits in a federally insured interest-bearing account and pay the tenant the accrued interest when the lease ends, unless the tenant occupied the unit for less than nine months (N.D.C.C. § 47-16-07.1(1), (3)). (N.D.C.C. § 47-16-07.1(1), (3))

Deposits must be kept in a federally insured interest-bearing savings or checking account for the tenant's benefit, and accrued interest is paid to the tenant at lease end; no interest is owed if occupancy lasted less than nine months.

Penalty for wrongful withholding

A landlord who withholds deposit money without reasonable justification is liable for treble damages (N.D.C.C. § 47-16-07.1(4)). (N.D.C.C. § 47-16-07.1(4))

North Dakota security deposit law and return-deadline calculator

North Dakota late fees

Late-fee limit

North Dakota has no statutory cap on residential late fees, but a lease late fee must be a reasonable pre-estimate of damages, since contract clauses fixing damages in advance are void unless actual damages are impracticable to fix (N.D.C.C. § 9-08-04). (N.D.C.C. ch. 47-16 (silent on late fees), N.D.C.C. § 9-08-04 (liquidated damages))

Grace period

North Dakota law sets no grace period before a late fee may be charged; the lease controls when rent is due and when a late fee applies (N.D.C.C. ch. 47-16). (N.D.C.C. ch. 47-16 (silent on late-fee grace periods))

Landlord entry in North Dakota

Outside emergencies, a North Dakota landlord must notify the tenant and get consent for a specific time before entering, during reasonable hours, though consent is presumed if the tenant does not object after notice (N.D.C.C. § 47-16-07.3). (N.D.C.C. § 47-16-07.3)

Standard: Notice and tenant consent identifying a time certain, unless impractical; entry only at reasonable hours and in a reasonable manner; consent presumed from failure to object after notice; no notice for emergencies, suspected abandonment, or a reasonable belief of substantial lease violation

Ending a month-to-month tenancy in North Dakota

Either a North Dakota landlord or tenant may end a month-to-month tenancy with at least one calendar month's written notice, given at any time unless they agreed in writing to something longer (N.D.C.C. § 47-16-15(2)). (N.D.C.C. § 47-16-15, N.D.C.C. §§ 47-16-06, 47-16-06.1)

Landlord: 30 days · Tenant: 30 days

After a landlord's change-of-terms notice under § 47-16-07, the tenant may end the tenancy at month's end on at least 25 days' notice. A lease that converted to month-to-month after holdover or an unnoticed auto-renewal ends on the last day of a month with at least one calendar month's notice (§ 47-16-15(3), (5)).

Rent increase notice in North Dakota

To raise rent on a month-to-month tenancy, a North Dakota landlord must give written notice at least 30 days before the month ends, and the new rent starts the next month (N.D.C.C. § 47-16-07). (N.D.C.C. § 47-16-07, N.D.C.C. § 47-16-15)

Applies to month-to-month tenancies; the tenant may instead end the tenancy at month's end on at least 25 days' notice (§ 47-16-15(3)). Fixed-term leases: no mid-term increase unless the lease allows it.

Rent control in North Dakota

North Dakota has no rent control, and no city or county may adopt an ordinance that controls the amount of rent on private housing (N.D.C.C. § 47-16-02.1). (N.D.C.C. § 47-16-02.1)

No statewide rent control; cities, counties and other political subdivisions may not enact, keep or enforce rent control on private residential or commercial property (§ 47-16-02.1).

Required lease disclosures in North Dakota

When the lease is signed, give the tenant a condition statement that both of you sign, and for pre-1978 housing give the federal lead-paint disclosure and EPA pamphlet (N.D.C.C. § 47-16-07.2; 42 U.S.C. § 4852d). (N.D.C.C. § 47-16-07.2, 40 CFR Part 745 Subpart F)

Signed statement describing the condition of the premises and facilities (At the time the rental agreement is entered into; signed by landlord and tenant) — N.D.C.C. § 47-16-07.2
Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Eviction notices in North Dakota

Unpaid rent

Once rent is 3 days late, serve a written 3-day notice of intention to evict before filing an eviction action (N.D.C.C. §§ 47-32-01(4), 47-32-02). (N.D.C.C. §§ 47-32-01(4), 47-32-02)

Notice: 3-day notice of intention to evict (3 days)

Lease violations

For a violation of a material term of a written lease, serve a 3-day written notice of intention to evict before filing; the statute gives no right to cure (N.D.C.C. §§ 47-32-01(8), 47-32-02). (N.D.C.C. §§ 47-32-01(8), 47-32-02, N.D.C.C. § 47-16-16)

Notice period: 3 days; no statutory chance to cure

North Dakota compared with neighbouring states

North Dakota and its neighbours on five headline rules
State	Deposit cap	Deposit return	Late fee	Entry notice	Rent control
North Dakota	1 month's rent (with exceptions)N.D.C.C. § 47-16-07.1(1)-(2)	30 days after move-outN.D.C.C. § 47-16-07.1(3)	No state cap; grace: no state grace periodN.D.C.C. ch. 47-16 (silent on late fees), N.D.C.C. § 9-08-04 (liquidated damages), N.D.C.C. ch. 47-16 (silent on late-fee grace periods)	Notice and tenant consent identifying a time certain, unless impractical; entry only at reasonable hours and in a reasonable manner; consent presumed from failure to object after notice; no notice for emergencies, suspected abandonment, or a reasonable belief of substantial lease violationN.D.C.C. § 47-16-07.3	None; cities barred from adopting itN.D.C.C. § 47-16-02.1
Minnesota	No state cap	21 days after the lease ends	Statutory formula; grace: no state grace period	24 hours' notice	None; cities barred from adopting it
Montana	No state cap	10 days after the lease ends	No state cap; grace: no state grace period	24 hours' notice	No statewide rent control
South Dakota	1 month's rent (with exceptions)	21 days after the triggering event	No state cap; grace: no state grace period	24 hours' notice	No statewide rent control

Writing a North Dakota lease

The North Dakota residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these North Dakota disclosures and terms.

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Official North Dakota sources

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